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HomeMy WebLinkAbout2017-12-06; Planning Commission; Resolution 7276 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A MAJOR REVIEW PERMIT AND COASTAL DEVELOPMENT PERMIT TO ALLOW FOR 1) THE REMOVAL OF EXISTING STORAGE CONTAINERS; 2) THE CONSTRUCTION OF A 25,631 SQUARE FOOT, FOUR-STORY, MIXED-USE BUILDING CONSISTING OF A SUBTERRANEAN PARKING GARAGE, GROUND FLOOR RETAIL, COMMERCIAL OFFICE SPACE AND FIVE (5) RESIDENTIAL APARTMENTS; AND 3) THE PURCHASE OF 17 PARKING IN- LIEU FEES. THE 0.17-ACRE PROPERTY IS ADDRESSED AS 2995 STATE STREET AND IS LOCATED ON THE NORTHWEST CORNER OF STATE STREET AND CARLSBAD VILLAGE DRIVE, IN LAND USE DISTRICT 1 OF THE VILLAGE REVIEW ZONE, THE VILLAGE SEGMENT OF THE LOCAL COASTAL PROGRAM, AND WITHIN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: CARLSBAD VILLAGE CENTER CASE NO.: RP 16-13/CDP 16-35 (DEV16040) WHEREAS, Leor Lakritz, “Owner/Applicant,” has filed a verified application with the City of Carlsbad regarding property described as Lots 1, 2, and 3 in Block “I” in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 535, filed in the Office of the County Recorder of San Diego County, May 2, 1888 (“the Property”); and WHEREAS, said verified application constitutes a request for a Major Review Permit and Coastal Development Permit as shown on Exhibit(s) “A” – “S” dated December 6, 2017, on file in the Planning Division RP 16-13/CDP 16-35 – CARLSBAD VILLAGE CENTER, as provided by Chapters 21.35 and 20.12 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on December 6, 2017, 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 persons desiring to be heard, said Commission considered all factors relating to the Major Review Permit and Coastal Development Permit. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. PLANNING COMMISSION RESOLUTION NO. 7276 PC RESO NO. 7276 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of RP 16-13/CDP 16-35 – CARLSBAD VILLAGE CENTER, based on the following findings and subject to the following conditions: Findings: Major Review Permit, RP 16-13 1. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the city’s General Plan, and the development standards of the Village Review Zone and the Village Master Plan and Design Manual, based on the facts set forth in the staff report dated December 6, 2017, including, but not limited to the following: a. Land Use – The proposed four-story mixed-use development provides mutually supportive uses in the form of residential, professional office and retail opportunities and reinforces the pedestrian orientation desired for the downtown area by providing new residents and employees an opportunity to walk to local shopping, dining, recreation, and mass transit functions; its close proximity to existing bus routes and train station help to further the goal of providing new economic and residential development near transportation corridors; and the project will contribute to the revitalization of the Village area in the form of a new building in the core of the Village with new commercial lease space, new employment opportunities and new consumers. b. Mobility – The proposed project has been designed to meet all of the circulation requirements, which include vehicular access off the State Street alley. In addition, the applicant will be required to pay traffic impact fees prior to the issuance of building permits that will go towards future road improvements. The proposed project is located approximately ¼ mile from the train/coaster station, which provides service throughout the day. The project’s close proximity to the transit stop will provide residents with the opportunity to commute to major job centers, thereby reducing vehicle miles traveled (VMTs) and their carbon footprint. Furthermore, the project supports walkability and mobility by locating the project near existing goods and services within the Village. Finally, the existing street trees along State Street and Carlsbad Village Drive will be retained. The project proposes to add raised planters and potted plants adjacent to the retail storefronts to further enhance the streetscape and promote livable streets. c. Public Safety – The proposed structural improvements are required to be designed in conformance with all seismic design standards. In addition, the proposed project is consistent with all of the applicable fire safety requirements. Further, the project is conditioned to develop and implement a program of “best management practices” for the elimination and reduction of pollutants which enter into and/or are transported within storm drainage facilities. d. Noise – The proposed project is consistent with the Noise Element of the General Plan in that the noise study prepared by Birdseye Planning Group (July 2016) determined that the worst-case cumulative noise level from the surrounding roadways and the railroad was 64.1 and 70.7 dBA CNEL, respectively, at the property line. The proposed project is designed to meet or exceed California Energy Code Title 24 standards, which require construction methods and materials resulting in energy efficient structures and up to a 30 dBA reduction in exterior noise levels. Assuming the windows are closed and with the inclusion of mechanical ventilation (proposed as part of the project), interior noise levels would be reduced to less than the 45 dBA CNEL interior noise level threshold. PC RESO NO. 7276 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e. Housing – The proposed project is consistent with the Housing Element of the General Plan and the city’s Inclusionary Housing Ordinance, in that as less than seven (7) units are proposed, the inclusionary requirements may be satisfied through the payment to the city of an in-lieu inclusionary housing fee. The project is conditioned to require the payment of the applicable housing in-lieu fee for five (5) units prior to issuance of the building permit. f. Land Use District 1 Standards – The project as designed is consistent with the development standards for Land Use District 1, the Village Design Guidelines and all other applicable regulations set forth in the Village Master Plan and Design Manual as discussed in the project staff report. The project is not requesting any deviations to the development standards. Coastal Development Permit, CDP 16-35 2. That the proposed development is in conformance with the Village Area Segment of the Certified Local Coastal Program and all applicable policies in that the proposed four-story, multi-family building will not obstruct views of the coastline as seen from public lands or the public right of way or otherwise damage the visual beauty of the coastal zone. The project is consistent with the surrounding development in that the ground floor retail uses complement the retail uses in the commercial core and the residential units proposed on the upper three (3) floors are stepped back from the first floor to reduce the mass and scale of the building. In addition, the proposed architectural style, while contemporary in nature, complements the existing architectural style of the adjacent one and two-story buildings to the north. No agricultural uses currently exist on the site, and the property is not within the Coastal Agricultural Overlay Zone that would require mitigation for conversion to urban uses. There are no sensitive coastal resources within the property and it is not located in an area of known geologic instability or flood hazard. 3. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that no public opportunities for coastal shoreline access are available from the subject site and no public access requirements are required for the project since it is not located between the first public road and the ocean. 4. 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, and the National Pollutant Discharge Elimination System (NPDES) requirements to avoid increased urban run-off, pollutants and soil erosion. In addition, the site is flat and does not contain natural steep slopes greater than 25 percent gradient; no native vegetation will be removed; and the site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods or liquefaction. 5. The project is not located in the Coastal Agriculture Overlay Zone, according to Map X of the Land Use Plan, certified September 1990 and Agricultural Conversion Mitigation Fees are not required in accordance with the provisions of the Coastal Agriculture Overlay Zone (Chapter 21.202 of the Zoning Ordinance). 6. The project is not located between the sea and the first public road parallel to the sea and therefore, is not subject to the provisions of the Coastal Shoreline Development Overlay Zone (Chapter 21.204 of the Zoning Ordinance). PC RESO NO. 7276 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7. The Developer/Property owner qualifies to participate in the Parking In-Lieu Fee Program and participation in the program will satisfy the parking requirements for the project. Justification for participation in the Parking In-Lieu Fee Program is contained in the following findings: a. The project is consistent with Village Review Master Plan and Design Manual in that the project assists in satisfying the goals and objectives through the following actions 1) the mixed-use project stimulates property improvements and new development in the Village by constructing a new permitted mixed-use building in an area with a mix of dated buildings and increasing the intensity of development within the Village; 2) it establishes Carlsbad Village as a quality shopping, working and living environment by providing new employment opportunities; increasing the number, quality, diversity and affordability of housing units within the Village; and reinforcing pedestrian retail continuity within the Village commercial areas; and 3) improves the physical appearance of the Village Area by developing the northwest corner of Carlsbad Village Drive and State Street with a new building that adheres to the land use regulations and design guidelines set forth for the area; b. The proposed use is consistent with the goals and objectives set forth for Land Use District 1 of the Village Master Plan and Design Manual in that the mixed-use development not only provides mutually supportive uses in the form of residential, professional office and commercial retail uses along Carlsbad Village Drive and State Street, but reinforces the pedestrian orientation desired for the downtown area by providing new residents and employees an opportunity to walk to local shopping, dining, recreation, and mass transit functions; furthermore, its close proximity to existing bus routes and mass transit help to further the goal of providing new economic and residential development near transportation corridors; and lastly, it will contribute to the revitalization of the Village area in the form of a new building in the core of the Village with new commercial lease space, new employment opportunities and new consumers; c. Adequate parking is available within the Village to accommodate the project's parking demands in that based on the most recent parking study (Kimley Horn, September 2017), the average occupancy for all public parking lots is 51.1 percent. The single highest measurement of occupancy was on a weekday afternoon in May 2016, wherein the occupancy rate was 70 percent. This utilization ratio allows for continued implementation of the parking in-lieu fee program because it is less than the 85 percent threshold for maximum utilization set by the City Council; and d. The In-Lieu Fee Program has not been suspended or terminated by the City Council. City Council Policy No. 43, Allocation for Excess Dwelling Units 8. That pursuant to CMC Section 21.85.110, for all qualifying residential development less than seven (7) units, the inclusionary housing requirement may be satisfied through the payment of an inclusionary housing in-lieu fee. The proposal to construct five (5) multi-family apartments has been conditioned to pay the applicable housing in-lieu fee for five units prior to issuance of the building permit. 9. That the project location and density are compatible with the existing adjacent residential neighborhoods and/or nearby existing or planned uses in that mixed use buildings up to 45 feet in height with a density of 28-35 dwelling units per acre are permitted by right in Land Use District 1 of the Village Master Plan. Furthermore, the project will provide positive support for the commercial uses in the core of the Village. PC RESO NO. 7276 -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 10. That the project location and density are in accordance with the applicable provisions of the General Plan and any other applicable planning document, in that the Village (V) General Plan Land Use designation allows residential development at a density range of 28 to 35 dwelling units per acre. Based on a net acreage of 0.17 acres, the proposed mixed use project, which includes five (5) multi-family apartments, has a density of 29.4 dwelling units per acre. The proposed project is consistent with the intent of Land Use District 1 of the Village Master Plan and will contribute toward the overall revitalization of the Village Area. 11. That there are an adequate number of units in the Excess Dwelling Unit Bank in the Northwest Quadrant to allocate 5 units. Per the city’s Quadrant Dwelling Unit Report (latest available dated September 2017), 584 units remain available for allocation in the Village. General 12. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 1 and all city public 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. The project has been conditioned to provide proof from the Carlsbad Unified School District that the project has satisfied its obligation for school facilities. b. 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. c. The Local Facilities Management fee for Zone 1 is required by Carlsbad Municipal Code Section 21.90.050 and will be collected prior to issuance of building permit. 13. That the project is consistent with the city’s Landscape Manual and Water Efficient Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50). 14. That the City Planner has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15332, In-fill Development Project, of the state California Environmental Quality Act (CEQA) Guidelines. 15. 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 the issuance of a grading or building permit, whichever occurs first. PC RESO NO. 7276 -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 Major Review Permit and Coastal Development Permit. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Major Review Permit 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. 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 4. 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. 5. 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 Major Review Permit and Coastal Development Permit, (b) city’s approval or issuance of any permit or action, whether discretionary or 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. 6. Prior to submittal of the building plans, improvement plans, grading plans, or final map, whichever occurs first, developer shall submit to the City Planner, a 24" x 36" copy of the Site Plan, 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. 7. 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. 8. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. PC RESO NO. 7276 -7- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9. 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. 10. 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. 11. 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 1, 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. 12. Prior to 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 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) Major Review Permit and Coastal Development Permit by Resolution(s) No. 7276 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. 13. 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 as shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. 14. 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. 15. All roof appurtenances, 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 of the Directors of Community Development and Planning. 16. Developer shall construct, install, and stripe not less than 13 parking spaces, including one (1) accessible parking space and five (5) compact parking spaces, as shown on Exhibits “A” – “S”. 17. Prior to issuance of building permits, the Developer shall enter into a Parking In-Lieu Fee Participation Agreement and pay the established Parking In-Lieu Fee for 17 parking spaces. The fee shall be the sum total of the fee per parking space in effect at the time of the building permit issuance times the number of parking spaces needed to satisfy the project’s parking requirement (17 spaces total). PC RESO NO. 7276 -8- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 18. Prior to the issuance of the building permit, the Developer shall record a Notice that this property may be subject to noise impacts from the proposed or existing Transportation Corridor, in a form meeting the approval of the City Planner and the City Attorney (see Noise Form #1 on file in the Planning Division). 19. Prior to the issuance of the building permit, the Developer shall pay to the city an inclusionary housing (in lieu/impact) fee as an individual fee on a per market rate dwelling unit basis in the amount in effect at the time, as established by City Council Resolution from time to time. 20. The residential apartment units shall not be used as vacation rentals at any time. Engineering: NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed development, must be met prior to approval of building or grading permit whichever occurs first. General 21. 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. 22. 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. 23. Developer shall apply for and complete the processing of a certificate of compliance for lot legality purposes to the satisfaction of the City Engineer. Developer shall pay processing fees per the city’s latest fee schedule. Fees/Agreements 24. 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. 25. Developer shall cause property owner to execute and submit to the City Engineer for recordation the city’s standard form Drainage Hold Harmless Agreement. 26. Developer shall cause property owner to apply for, execute, and submit, to the City Engineer for recordation, an Encroachment Agreement covering private canopy located over existing public right-of-way or easements as shown on the site plan. Developer shall pay processing fees per the city’s latest fee schedule. Grading 27. Based upon a review of the proposed grading and the grading quantities shown on the site plan, a grading permit for this project is required. Developer shall prepare and submit plans and technical studies/reports as required by City Engineer, post security and pay all applicable grading plan review and permit fees per the city’s latest fee schedule. PC RESO NO. 7276 -9- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 28. Prior to issuance of the grading permit, the contractor shall submit a Construction Plan to the City Engineer for review and approval. Said Plan may be required to include, but not be limited to, identifying the location of the construction trailer, material staging, bathroom facilities, parking of construction vehicles, employee parking, construction fencing and gates, obtaining any necessary permission for off-site encroachment, addressing pedestrian safety, and identifying time restrictions for various construction activities. 29. Concurrent with the grading plans, the developer shall include shoring plans as part of the grading plans to the satisfaction of the City Engineer and building official. Structural calculations for all shoring shall be submitted for review and approval by the building division. Developer shall pay all deposits necessary to cover any 3rd party review. Storm Water Quality 30. 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. 31. Developer shall complete and submit to the City Engineer a Determination of Project’s SWPPP Tier Level and Construction Threat Level Form pursuant to City Engineering Standards. Developer shall also submit the appropriate Tier level Storm Water Compliance form and appropriate Tier level Storm Water Pollution Prevention Plan (SWPPP) to the satisfaction of the City Engineer. Developer shall pay all applicable SWPPP plan review and inspection fees per the city’s latest fee schedule. 32. Developer shall complete the City of Carlsbad Standard Stormwater Requirement Checklist Form. Developer is responsible to ensure that all final design plans, grading plans, and building plans incorporate applicable best management practices (BMPs). These BMPs include site design, source control and Low Impact Design (LID) measures including, but not limited to, minimizing the use of impervious area (paving), routing run-off from impervious area to pervious/landscape areas, preventing illicit discharges into the storm drain and adding storm drain stenciling or signage all to the satisfaction of the City Engineer. Dedication/Improvements 33. Developer shall design all proposed public improvements including but not limited to sewer laterals, brick paver sidewalk, and water services/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; or b. Construction Revision to an existing record public improvement drawing. Developer shall pay plan check and inspection fees 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. PC RESO NO. 7276 -10- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 34. Developer is responsible to ensure utility transformers or raised water backflow preventers that serve this development are located outside the right-of-way as shown on the site plan and to the satisfaction of the City Engineer. These facilities shall be constructed within the property. Utilities 35. Developer shall meet with the fire marshal to determine if fire protection measures (fire flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be considered public improvements and shall be served by public water mains to the satisfaction of the District Engineer. Code Reminders 36. 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. 37. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. 38. The project shall comply with the latest nonresidential disabled access requirements pursuant to Title 24 of the California Building Code. 39. 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. 40. Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 41. Developer shall pay planned local area drainage fees in accordance with Section 15.08.020 of the City of Carlsbad Municipal Code to the satisfaction of the City Engineer. 42. 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 tentative map are for planning purposes only. . . . . . . . . . . . . . . . . . . . . . PC RESO NO. 7276 -11- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 approval to protest imposition of these fees/exactions. If you protest 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 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. 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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .