HomeMy WebLinkAbout2016-09-07; Planning Commission; Resolution 71931
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PLANNING COMMISSION RESOLUTION NO. 7193
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD,
CALIFORNIA, RECOMMENDING APPROVAL OF A SITE DEVELOPMENT PLAN
AND COASTAL DEVELOPMENT PERMIT TO ALLOW FOR CONSTRUCTION OF
A 250 ROOM HOTEL WITH ANCILLARY RESTAURANT AND GIFT SHOP WITHIN
THE PARKING LOT OF THE LEGOLAND CALIFORNIA RESORT THEME PARK ON
PROPERTY GENERALLY LOCATED NORTH OF PALOMAR AIRPORT ROAD,
SOUTH OF CANNON ROAD, EAST OF ARMADA DRIVE AND WEST OF THE
CROSSINGS DRIVE IN THE MELLO II SEGMENT OF THE LOCAL COASTAL
PROGRAM AND IN LOCAL FACILITIES MANAGEMENT ZONE 13.
CASE NAME:
CASE NO.:
LEGOLAND HOTEL CALIFORNIA II AKA LLC H20
SOP 15-26/CDP 15-50
WHEREAS, Merlin Entertainments Group US Holdings, LLC, "Developer," has filed a
verified application with the City of Carlsbad regarding property described as
lots 18 and 19 of Carlsbad Tract Map 94-09, Carlsbad Ranch -Units 2
and 3, in the City of Carlsbad, County of San Diego, State of California,
according to map thereof no. 13408, filed in the Office of the County
Recorder of San Diego, April1, 1997 as file number 1997-147754
{"the Property"); and
WHEREAS, said verified application constitutes a request for a Site Development Plan and
Coastal Development Permit as shown on Exhibits "A" -"JJ" dated September 7, 2016, on file in the
Planning Division, SOP 15-26/CDP 15-50-LEGOLAND HOTEL CALIFORNIA II AKA LLC H20 as provided by
Chapters 21.06 and 21.201.030 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on September 7, 2016, hold a duly noticed
public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said Commission considered aH factors relating to
the Site Development Plan and Coastal Development Permit.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of
Carlsbad as follows:
A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Planning Commission
RECOMMENDS APPROVAL of SOP 15-26/CDP 15-50 -LEGOLAND HOTEL CALIFORNIA II
AKA LLC H20 based on the following findings and subject to the following conditions:
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Findings:
SOP 15-26
1.
2.
3.
4.
That the proposed development or use is consistent with the General Plan and any applicable
master plan or specific plan, complies with all applicable provisions of Chapter 21.06 of the
Carlsbad Municipal Code, and all other applicable provisions ofthis code, in that the project is a
request for the construction of a hotel, which is an encouraged and allowed use within the
Visitor Commercial General Plan Land Use designation and the land use table for Planning Area
4 of the Carlsbad Ranch Specific Plan, as amended. The Legoland California Resort Theme Park
has previously requested structures over 35 feet in height, and has accordingly provided the
increased landscaped setbacks to allow buildings up to 45 feet in height. The provided setbacks
are sufficient for the proposed 42 foot tall hotel. The proposed architectural feature that
protrudes up to 55 feet in height is allowed because it meets all of the criteria for approval as
discussed in finding 4 below. All other aspects of the project are consistent with the
requirements of the Carlsbad Ranch Specific Plan and Carlsbad Municipal Code.
That the requested development or use is properly related to the site, surroundings and
environmental settings, will not be detrimental to existing development or uses or to
development or uses specifically permitted in the area in which the proposed development or use
is to be located, and will not adversely impact the site, surroundings or traffic circulation, in that
the proposed hotel is compatible with and an extension of the adjacent existing theme park
recreation uses, and therefore, will not adversely impact the adjacent properties. The new hotel
will be located on the west side of the pedestrian entry plaza opposite the existing hotel, within
a portion of the existing parking lot. The hotel has an articulated design that is appropriately
themed for its location, and will be constructed of durable, high quality building materials. The
project will provide adequate on-and off-site access and parking. The location of the hotel will
slightly modify, but will not disrupt the existing vehicular circulation on the site. Preservation
of the existing pedestrian access to and from transit is addressed, adequate circulation for tour
and school buses is accommodated, and provisions for disabled and bicycle parking are included
in the project.
That the site for the intended development or use is adequate in size and shape to accommodate
the use, in that the subject site is adequate in size and shape to accommodate the proposed
hotel and the proposed uses comply with the required development and design standards of
the Carlsbad Ranch Specific Plan. No variances to standards are proposed. Increased landscape
setbacks for roof heights up to 45 feet were previously provided and address the proposed
hotel's requested 42 foot roof height. The limited area of architectural protrusions that is 55
feet high meets the required criteria as discussed in finding 4 below. The addition of the hotel
with an ancillary restaurant and gift shop will increase the total Legoland California Resort
building coverage up to 4.8 percent, whereas 50 percent is allowed. The hotel site is
convenient~y located adjacent to the Legoland California Resort Theme Park and convenient
access and parking is provided.
That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjustJhe
requested development or use to existing or permitted future development or use in the
neighborhood will be provided and maintained, in that the site functions as a component of the
Carlsbad Ranch Specific Plan's allowed Commercial Tourist serving uses. The project has been
designed in accordance with all development and design standards of the Specific Plan;
therefore, the project is compatible with the existing Legoland California Resort Theme Park
and potential future commercial tourist uses. Furthermore, the proposed hotel will be set back
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5.
from the southerly property line (abutting Palomar Airport Road) a minimum of 1,123 feet and
adequate circulation, access aisles, parking spaces, and landscaping will be provided and
maintained. The hotel is three stories, but exceeds the maximum 35 foot height limit at 42 feet
for the roof. The Legoland California Resort Theme Park has previously requested structures
over 35 feet in height and has accordingly provided the increased landscaped setbacks to allow
buildings up to 45 feet in height. The provided setbacks are sufficient for the proposed 42 foot
height of the hotel roof. With the exception of a 775 square foot area, all of the proposed
parapets and architectural features meet the permitted 45 height limit for these protrusions.
The tower above the hotel's main entry is a 775 square foot area that is 55 feet high. The tower
is an architectural feature that meets the required findings for approval because:
a.
b.
c.
d.
e.
The 775 square foot area is only 1.5 percent of the total roof area, which is well under
the maximum allowable three percent of the total roof area.
Therre is no usable floor area within the portion of the tower that exceeds 45 feet.
The increased height is not for the purpose of screening roof equipment, since no
equipment is proposed within the tower's parapets.
The tower's parapets will not impact adjacent properties because the hotel is within
the existing Legoland parking lot and is not near any adjacent properties. The tower is
located at the most southeasterly corner of the hotel, so there is no possibility that it
will impact adjacent properties.
The tower is necessary for the hotel's design excellence because it is a key features of
the castle themed architecture, it is proportional to and in scale with the rest of the
hotel, and it appropriately enhances and clearly denotes the area of the hotel's main
lobby entrance for visitors.
That the street systems serving the proposed development or use is adequate to properly handle
all traffic generated by the proposed use, in that primary access to the site will continue to be
provided from Cannon Road via the main entrance from Legoland Drive. A small amount of
traffic will be generated by the hotel use on Palomar Airport Road once guests have checked
into the hotel and are provided access via the gate controlled entrance off The Crossings Drive.
There are no near term traffic impacts within the project vicinity. However, at build-out either
with or without the project, the intersections at Palomar Airport Road and Paseo Del Norte, and
Palomar Airport Road and Armada Drive, will not operate at LOS D or better. The road and
facilities for this segment of Palomar Airport Road are exempted from meeting LOS D at build-
out in the General Plan's Mobility Element. However, the project will implement Transportation
Demand Management {TOM) measures for the new hotel. In addition, the project's mitigation
measures irnclude a requirement to stripe bicycle lanes on both sides of the street and a
connecting crosswalk on The Crossings Drive along the Legoland frontage to fill a gap in the
existing bicycle lane network. As such, the street system serving the proposed use will be
adequate to handle the increase in traffic generated by the proposed project.
COP 15-50
6. That the proposed development is in conformance with the Certified Local Coastal Program and
all applicable policies in that no impacts to any physical features, such as scenic resources,
environmentally sensitive areas, or geologic features, will occur as none exist on the essentially
flat and previously developed parking lot. No distant or coastal views would be obstructed from
public roadways.
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7.
8.
9.
10.
The proposal is in conformity with the public access and recreation policies of Chapter 3 of the
Coastal Act in that the property is not near the shore and there are no public access or public
recreation requirements for the property.
The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone
(Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the City's Master
Drainage Plan, Grading Ordinance, Storm Water Ordinance, BMP Design Manual and Jurisdictional
Runoff Management Program (JRMP) to avoid increased urban runoff, pollutants, and soil
erosion. No steep slopes or native vegetation is located on the subject property and the site is
not located in an area prone to landslides, or susceptible to accelerated erosion, floods, or
liquefaction.
The project is consistent with the adopted Airport Land Use Compatibility Plan for the McClellan-
Palomar Airport (ALUCP), dated December 1, 2011, in that:
a.
b.
c.
d.
The proposed project is located within the 60-65 dB CNEL noise contour. The proposed
hotel and ancillary uses are considered conditionally compatible with the 60-65 CNEL
contour in the ALUCP. The ALUCP identifies that the outdoor noise levels are acceptable
for the hotel land use and associated outdoor activities. However, interior noise levels
shall be attenuated to 45 CNEL for the hotel use, and 50 CNEL for the restaurant and
retail uses. Mitigation measures require compliance with these interior noise levels.
The proposed project is in compliance with the ALUCP airspace. protection surfaces
because the maximum height of hotel including protrusions is well below the height
that requires notification of construction to the FAA.
The proposed project is located within Safety Zone 6. The ALUCP identifies lodging uses
located within Safety Zone 6 as compatible with airport uses.
The proposed project is located within the overflight notification area. The ALUCP
requires recordation of an overflight notification only for new residential uses, although
Legoland previously recorded an overflight notice for the theme park.
That the project is consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 13 and all City public facility policies and ordinances. The
project includes elements or has been conditioned to construct or provide funding to ensure that
all facilities and improvements regarding: sewer collection and treatment; water; drainage;
circulation; fire; schools; parks and other recreational facilities; libraries; government
administrative facilities; and open space, related to the project will be installed to serve new
development prior to or concurrent with need. Specifically,
a.
b.
c.
The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected
prior to the issuance of building permit.
The Local Facilities Management fee for Zone 13 is required by Carlsbad Municipal Code
Section 21.90.050 and will be collected prior to issuance of building permit.
A growth management park fee of $0.40 per square foot of non-residential
development will be collected at the time of building permit issuance. This fee will be
used to construct recreational facilities to offset demand created by employees within
Local Facilities Management Zone 13.
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11.
12.
That the project is consistent with the City's Landscape Manual and Water Efficient Landscape
Ordinance (Carlsbad Municipal Code Chapter 18.50).
The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed to
mitigate impacts caused by or reasonably related to the project, and the extent and the degree
of the exaction is in rough proportionality to the impact caused by the project.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to approval of a building
or grading permit, whichever occurs first.
1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented
and maintained over time, if any of such conditions fail to be so implemented and maintained
according to their terms, the City shall have the right to revoke or modify all approvals herein
granted; deny or further condition issuance of all future building permits; deny, revoke, or further
condition all certificates of occupancy issued under the authority of approvals herein granted;
record a notice of violation on the property title; institute and prosecute litigation to compel their
compliance with said conditions or seek damages for their violation. No vested rights are gained
by Developer or a successor in interest by the City's approval of this Site Development Plan and
Coastal Development Permit.
2.
3.
4.
5.
6.
Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Site Development Plan and Coastal Development Permit documents, as
necessary to make them internally consistent and in conformity with the final action on the
project. Development shall occur substantially as shown on the approved Exhibits. Any proposed
development, different from this approval, shall require an amendment to this approval.
Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
If any condition for construction of any public improvements or facilities, or the payment of any
fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged,
this approval shall be suspended as provided in Government Code Section 66020. If any such
condition is determined to be invalid, this approval shall be invalid unless the City Council
determines that the project without the condition complies with all requirements of law.
This approval is granted subject to the approval of the Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program and is subject to all conditions contained in
Planning Commission Resolutions No. 7192 incorporated herein by reference.
Developer shall implement, or cause the implementation of, the SOP 15-26/CDP 15-50 -Legoland
California Hotel II aka LLC H20 Project Mitigation Monitoring and Reporting Program.
7. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims and
costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly,
from (a) City's approval and issuance of this Site Development Plan and Coastal Development
Permit, (b) City's approval or issuance of any permit or action, whether discretionary or
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8.
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nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's
installation and operation of the facility permitted hereby, including without limitation, any and
all liabilities arising from the emission by the facility of electromagnetic fields or other energy
waves or emissions. This obligation survives until all legal proceedings have been concluded and
continues even if the City's approval is not validated.
Prior to submittal of the building plans, improvement plans, or grading plans, whichever occurs
first, developer shall submit to the City Planner, a 24" x 36" copy of the Site Plan sheets,
conceptual grading plan and preliminary utility plan reflecting the conditions approved by the final
decision making body. The copy shall be submitted to the city planner, reviewed and, if found
acceptable, signed by the city's project planner and project engineer. If no changes were required,
the approved exhibits shall fulfill this condition.
Prior to the issuance of a building permit, the Developer shall provide proof to the Building
Division from the Carlsbad Unified School District that this project has satisfied its obligation to
provide school facilities.
This project shall comply with all conditions and mitigation measures which are required as part
of the Zone 13 Local Facilities Management Plan and any amendments made to that Plan prior to
the issuance of building permits, including, but not limited to the following:
a. A growth management park fee of $0.40 per square foot of non-residential
development will be collected at the time of building permit issuance. This fee will be
used to construct recreational facilities to offset demand created by employees within
Local Facilities Management Zone 13.
Priorr to issuance of a building permit, developer shall provide to the City Planner written
certification from the licensed project architect, that all greenhouse gas reduction project
features have been incorporated into the construction drawings as shown on the project
exhibits and further described within the Legoland Hotel Project Greenhouse Gas Analysis
prepared by Rincon dated June 2016.
This approval shall become null and void if building permits are not issued for this project within
24 months from the date of proJect approval.
Building permits will not be issued for this project unless the local agency providing water and
sewer services to the project provides written certification to the City that adequate water service
and sewer facilities, respectively, are available to the project at the time of the application for the
building permit, and that water and sewer capacity and facilities will continue to be available until
the time of occupancy.
Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the
License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD
#1 special tax (if applicable}, subject to any credits authorized by Carlsbad Municipal Code Section
5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone
13, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If
the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall
become void.
15. Prior to the issuance of the Grading Permit, Developer shall submit to the City a Notice of
Restriction executed by the owner of the real property to be developed. Said notice is to be filed
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16.
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in the office of the County Recorder, subject to the satisfaction of the City Planner, notifying all
interested parties and successors in interest that the City of Carlsbad has issued a(n) Site
Development Plan and Coastal Development Permit by Resolution(s) No. 7193 on the property.
Said Notice of Restriction shall note the property description, location of the file containing
complete project details and all conditions of approval as well as any conditions or restrictions
specified for inclusion in the Notice of Restriction. The City Planner has the authority to execute
and record an amendment to the notice which modifies or terminates said notice upon a showing
of good cause by the Developer or successor in interest.
Developer shall submit and obtain City Planner approval of a Final Landscape and Irrigation Plan
showing conformance with the approved Preliminary Landscape Plan and the City's Landscape
Manual. Developer shall construct and install all landscaping and irrigation as shown on the
approved Final Plans. All landscaping shall be maintained in a healthy and thriving condition, free
from weeds, trash, and debris. All irrigation systems shall be maintained to provide the optimum
amount of water to the landscape for plant growth without causing soil erosion and runoff.
The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape
plancheck process on file in the Planning Division and accompanied by the project's building,
improvement, and grading plans.
All roof appurtenances, with the exception of photo voltaic systems, including air conditioners,
shall be architecturally integrated and concealed from view and the sound buffered from adjacent
properties and streets, in substance as provided in Building Department Policy No. 80-6, to the
satisfaction ofthe Directors of Community and Economic Development Department and Planning.
Developer shall construct trash receptacle and recycling areas enclosed by a six-foot-high
masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal Code
Chapter 21.105. Location of said receptacles shall be approved by the City Planner. Enclosure
shall be of similar colors and/or materials to the project to the satisfaction of the City Planner.
No outdoor storage of materials shall occur onsite unless required by the Fire Chief. When so
required, the Developer shall submit and obtain approval of the Fire Chief and the City Planner of
an Outdoor Storage Plan, and thereafter comply with the approved plan.
Developer shall submit and obtain City Planner approval of an exterior lighting plan including
parking areas. All lighting shall be designed to reflect downward and avoid any impacts on
adjacent property.
Engineering
22.
23.
Prior to hauling dirt or construction materials to or from any proposed construction site within
this project, developer shall apply for and obtain approval from, the city engineer for the proposed
haul route.
This project is approved upon the express condition that building permits will not be issued for
the development of the subject property, unless the district engineer has determined that
adequate water and sewer facilities are available at the time of permit issuance and will continue
to be available until time of occupancy.
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24. All technical studies (i.e. SWQMP, drainage studies, soils reports, etc.) are considered preliminary
during discretionary review and are subject to additional review and modification during final
design.
Fees/ Agreements
25.
26.
27.
Developer shall cause property owner to execute and submit to the city engineer for recordation,
the city's standard form Geologic Failure Hold Harmless Agreement.
Developer shall cause property owner to execute and submit to the city engineer for recordation
the city's standard form Drainage Hold Harmless Agreement.
Developer shall cause property owner to execute and submit to the city engineer for recordation
the city standard Permanent Stormwater Quality Best Management Practices (BMP) Maintenance
Agreement.
10 Grading
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28.
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Based upon a review of the proposed grading and the grading quantities shown on the tentative
map, a grading permit for this project is required. Developer shall prepare and submit plans and
technical studies/reports for city engineer review, post security and pay all applicable grading plan
review and permit fees per the city's latest fee schedule.
Developer shall comply with the city's stormwater regulations, latest version, and shall implement
best management practices at all times. Best management practices include but are not limited
to pollution control practices or devices, erosion control to prevent silt runoff during construction,
general housekeeping practices, pollution prevention and educational practices, maintenance
procedures, and other management practices or devices to prevent or reduce the discharge of
pollutants to stormwater, receiving water or stormwater conveyance system to the maximum
extent practicable. Developer shall notify prospective owners and tenants of the above
requirements.
Prior to the issuance of a grading permit, developer shall submit to the city engineer receipt of a
Notice of Intent from the State Water Resources Control Board.
Prior to the issuance of grading permit or building permit, whichever occurs first, developer shall
submit for city approval a Tier 3 Storm Water Pollution Prevention Plan (TIER 3 SWPPP). The TIER
3 SWPPP shall comply with current requirements and provisions established by the San Diego
Regional Water Quality Control Board and City of Carlsbad Requirements. The TIER 3 SWPPP shall
identify and incorporate measures to reduce storm water pollutant runoff during construction of
the project to the maximum extent practicable. Developer shall pay all applicable SWPPP plan
review and inspection fees per the city's latest fee schedule.
This project is subject to 'Priority Development Project' requirements. Developer shall prepare
and process a Storm Water Quality Management Plan (SWQMP), subject to city engineer
approval, to comply with the Carlsbad BMP Design Manual latest version. The final SWQMP
required by this condition shall be reviewed and approved by the city engineer with final grading
plans. Developer shall pay all applicable SWQMP plan review and inspection fees per the city's
latest fee schedule.
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33. Developer is responsible to ensure that all final design plans (grading plans, improvement plans,
landscape plans, building plans, etc.) incorporate all source control, site design, treatment control
BMP, applicable hydromodification measures, and Low Impact Design {LID) facilities.
Dedications/! mprovements
34.
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37.
Utilities
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Developer shall design all proposed public improvements including but not limited to, water
services and water meters, as shown on the site plan. These improvements shall be shown on
one of the following, subject to city engineer approval:
a. Grading plans processed in conjunction with this project.
Developer shall pay plan check and inspection fees for the above public improvements using
improvement valuations in accordance with the city's current fee schedule. Developer shall apply
for and obtain a right-of-way permit prior to performing work in the city right-of-way.
Developer shall design the private drainage systems, as shown on the tentative map to the
satisfaction of the city engineer. All private drainage systems (12" diameter storm drain and
larger) shall be inspected by the city. Developer shall pay the standard improvement plan check
and inspection fees for private drainage systems.
Developer shall design the on-site private fire services and private fire hydrants as shown on the
site plan, to the satisfaction of the Fire Marshal.
Developer shall design, and obtain approval from the city engineer, the structural section for the
access aisles with a traffic index of 5.0 in accordance with city standards due to truck access
through the parking area. Prior to completion of grading, the final structural pavement design of
the access aisles shall be submitted together with required R-value soil test information subject
to the review and approval of the city engineer.
Developer shall meet with the fire marshal to determine fire protection measures (fire services,
fire flows, fire hydrants and building sprinklers) required to serve the project.
Developer shall design and agree to construct public facilities within minimum 20-foot wide
easements granted to the district or the City of Carlsbad. At the discretion of the district or city
engineer, wider easements may be required for adequate maintenance, access and/or joint utility
purposes.
Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for
connection to public facilities.
The developer shall design landscape and irrigation plans utilizing recycled water as a source and
prepare and submit a colored recycled water use map to the Planning Department for processing
and approval by the district engineer.
Developer shall install potable water and/or. recycled water services and meters at locations
approved by the district engineer. The locations of said services shall be reflected on public
improvement plans.
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43. The developer shall agree to install sewer laterals and clean-outs at locations approved by the city
engineer. The locations of sewer laterals shall be reflected on public improvement plans.
3 Fire
4 Note: Unless specifically stated in the condition, all ofthe following conditions, upon the approval of this
proposed development or subdivision, must be met prior to fire service lines being installed.
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Approved vehicle access for firefighting shall be provided. Access shall be provided for
construction projects prior to combustible materials arriving on site. Access shall be provided
during all phases of demolition. Vehicle access shall be provided to within 100 feet of temporary
or permanent fire department connections. Vehicle access shall be provided by either temporary
or permanent roads, capable of supporting vehicle loading under all weather conditions. Vehicle
access shall be maintained until permanent fire apparatus access roads are available.
An approved water supply for fire protection, either temporary or permanent, shall be made
available as soon as combustible materials arrive on site.
The developer shall initiate a preconstruction meeting with the Carlsbad Fire Department, Fire
Prevention Division, to discuss Section 3308 Owner's Responsibility for Fire Protection, California
Fire Code, 2013 edition.
Deferred submittal for private hydrants shall be submitted to the Carlsbad Fire Department, Fire
Prevention Division, for review, approval and permits prior to issuance of building permits.
Code Reminders
Note: The project is subject to all applicable provisions of local ordinances, including but not limited to
the following code requirements:
48.
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so.
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Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section
13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and
floor area contained in the staff report and shown on the site plan are for planning purposes only.
Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by
Council Policy No. 17.
Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management
fee for Zone 13 as required by Carlsbad Municipal Code Section 21.90.050.
Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of
the Carlsbad Municipal Code.
Approval of this request shall not excuse compliance with all applicable sections of the Zoning
Ordinance and all other applicable City ordinances in effect at time of building permit issuance,
except as otherwise specifically provided herein.
The project shall comply with the latest nonresidential disabled access requirements pursuant to
Title 24 of the California Building Code.
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The project is subject to all applicable provisions of California Fire Code, 2013 edition and Title 19,
California Code of Regulations.
Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 17.04.320.
Any signs proposed for this development shall at a minimum be designed in conformance with
the City's Sign Ordinance and shall require review and approval of the City Planner prior to
installation of such signs.
NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions."
You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest
10 them, you must follow the protest procedure set forth in Government Code Section 66020{a), and file the
protest and any other required information with the City Manager for processing in accordance with
11 Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent
legal action to attack, review, set aside, void, or annul their imposition.
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You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT
APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other
similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any
fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute
of limitations has previously otherwise expired.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning Commission of
the City of Carlsbad, California, held on September 7, 2016, by the following vote, to wit:
AYES: Chairperson Anderson, Goyarts, L'Heureux, Montgomery and Segall
NOES: None
ABSENT: Commissioners Black and Siekmann
ABSTAIN: None
VELYN ANDERSON, Chairperson
CARLSBAD PLANNING COMMISSION
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13 DON NEU
City Planner
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