Loading...
HomeMy WebLinkAbout2018-05-16; Planning Commission; Resolution 72951 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 PLANNING COMMISSION RESOLUTION NO. 7295 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF THE THIRD AMENDMENT TO SITE DEVELOPMENT PLAN 96-01 AND COASTAL DEVELOPMENT PERMIT 96- 02 TO ALLOW FOR CONSTRUCTION OF 29 ADDITIONAL HOTEL UNITS WITHIN THE EXISTING GRAND PACIFIC PALISADES RESORT PROPERTY LOCATED AT 5803 AND 5805 ARMADA DRIVE IN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND IN LOCAL FACILITIES MANAGEMENT ZONE 13. CASE NAME: GRAND PACIFIC PALISADES RESORT CASE NO.: AMEND 2017-0020 / AMEND 2017-0021 (DEV2017-0252) WHEREAS, Timothy Stripe, Grand Pacific Palisades Hotel, LP., "Developer," has filed a verified application with the City of Carlsbad regarding property described as PARCEL A: 211-022-32 LOT 3 AND A PORTION OF LOT 1 OF CARLSBAD RANCH HOTEL AND TIMESHARE RESORT C.T. 96-01, ACCORDING TO MAP THEREOF NO. 13719, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 3, 1999 AS DOCUMENT NO. 99-0065268 OFFICIAL RECORDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA; AND PARCEL B: 211-022-28 LOT 2 OF CARLSBAD RANCH HOTEL AND TIMESHARE RESORT C.T. 96-01, ACCORDING TO MAP THEREOF NO. 13719, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 3, 1999 AS DOCUMENT NO. 1999-0065268 OFFICIAL RECORDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ("the Property"); and WHEREAS, said verified application constitutes a request for a Site Development-Plan Amendment and Coastal Development Permit Amendment as shown on Exhibits "A" -"U" dated May 16, 2018, on file in the Planning Division, AMEND 2017-0020 / AMEND 2017-0021 -GRAND PACIFIC PALISADES RESORT, as provided by Chapters 21.06 and 21.201.030 of the Carlsbad Municipal Code; and WHEREAS, on February 18, 1997, the City Council approved SOP 96-01 / CT 96-01 / PUD 96-01 / CUP 96-11 / CDP 96-02 -Carlsbad Ranch Hotel and Timeshare Resort to allow 161 timeshare units, 90 hotel units, and restaurant space for Grand Pacific Palisades Resort, as described and conditioned in City Council Resolution No. 97-74; and 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 WHEREAS, on June 6, 2000, the City Council approved SOP 96-0l{A) / CDP 96-02{A) - GRAND PACIFIC PALISADES RESORT, to allow for the addition of 24 hotel rooms for the existing Grand Pacific Palisades Resort, as described and conditioned in City Council Resolution No. 2000-181; this project was not constructed and the entitlements have expired; and WHEREAS, on August 6, 2006, the City Council approved SOP 96-01{8) / CDP 96-02{8) - GRAND PACIFIC PALISADES RESORT, to extend the deadline for issuance of building permits and to allow 20 hotel units and 1,600 square feet of meeting space for the existing Grand Pacific Palisades Resort, as described and conditioned in City Council Resolution No. 2002-238; this project was not constructed and the entitlements have expired; and WHEREAS, the Planning Commission did, on May 16, 2018, 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 all factors relating to the third site Development Plan Amendment and Coastal Development Permit Amendment. 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. B) Findings: That based on the evidence presented at the public hearing, the Planning Commission RECOMMENDS APPROVAL of AMEND 2017-0020 / AMEND 2017-0021 -GRAND PACIFIC PALISADES RESORT based on the following findings and subject to the following conditions: SITE DEVELOPMENT PLAN AMEND 2017-0020 {SOP 96-01{8)) 1. 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 of this code, in that the project is a request for the construction of a hotel addition, which is an encouraged and allowed use within the Visitor Commercial General Plan Land Use designation and the permitted land uses specified for Planning Area 3 of the Carlsbad Ranch Specific Plan. As specified in the Carlsbad Ranch Specific Plan, Planning Area 3, buildings that exceed 35 feet in height are not required to increase their setbacks since the setback requirements for Planning Area 3 {30-foot front yard setback and 25-foot side yard setbacks) are far greater than the requirement of the C-T Zone. PC RESO NO. 7295 -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 2. 3. 4. The proposed building at 42'-6", with an architectural tower feature that protrudes to 46 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 expansion is compatible with, and an extension of, the existing hotel use. Therefore, it will not adversely impact adjacent properties. The hotel has an articulated design that is of a Mediterranean architectural style as required by the Carlsbad Ranch Specific Plan, and will be constructed of durable, high-quality building materials. The project will not affect the site's existing access, circulation and parking. 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 expansion and will comply with the required development and design standards of the Carlsbad Ranch Specific Plan. No variances to standards are proposed. Increased roof heights were previously approved for the project site and the additional height allows the addition to continue the 4:12 pitched roof at the same height, which ensures the building's design excellence. The proposed building at 42'-6" in height, with an architectural tower feature that protrudes to 46 feet in height, meets the required approval criteria as discussed in finding 4 below. The hotel addition will increase the total building coverage to 48 percent, whereas 50 percent is allowed. The hotel site is conveniently located off Armada Drive and adjacent to the Legoland California Resort Theme Park, Flower Fields, and convenient access and parking is currently provided on-site. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the 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 Grand Pacific Palisades Resort. Furthermore, the proposed hotel expansion will be set back from the easterly property line (abutting Armada Drive) a minimum of 40 feet and landscaping will be provided and maintained. Adequate circulation, access aisles, and parking spaces exist on-site and will not be changed. The hotel is three stories, but its 42'-6" height exceeds the maximum 35 foot height limit. The Grand Pacific Palisades Resort has previously been approved to construct structures over 35 feet in height because the setback requirements for Planning Area 3 {30-foot front yard setback and 25-foot side yard setbacks) are far greater than the requirement of the C-T Zone. The 40-foot front yard setback and 26-foot side yard setback are sufficient for the proposed 42'- 6" tall hotel expansion. Almost all architectural features meet the permitted 45-foot height limit for these protrusions. However, the tower at the center of the addition is an architectural feature that exceeds the height limit, and is 46 feet in height. This tower meets the required findings for approval because: a. The 96 square foot area is only one percent of the total roof area, which is well under the maximum allowable three percent of the total roof area. b. There is no usable floor area within the portion of the tower that exceeds 45 feet. PC RESO NO. 7295 -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 5. C. d. e. The increased height is not for the purpose of screening roof equipment, since no equipment is proposed within the tower's parapets. The tower will not impact adjacent properties because the tower feature is within the Grand Pacific Palisades Resort site and is not near any adjacent properties. The tower is necessary for the hotel's design excellence because it is a key feature of the Mediterranean architectural style of the hotel, it is proportional to and in scale with the rest of the hotel, and adds visual interest to the architecture of the building. 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 Armada Drive via the main entrance to Grand Pacific Palisades Resort. Armada Drive is adequate in size to handle the proposed 232 Average Daily Trips (ADT) in traffic that will be generated by the 29 additional hotel units. The total ADT for the site with the 29 additional hotel units is 3,002 ADT. The maximum ADT planned for the resort per the Carlsbad Ranch Specific Plan was 3,600 ADT. As such, the street system serving the proposed use will be adequate to handle the increase in traffic generated by the proposed project. COASTAL DEVELOPMENT PERMIT AMEND 2017-0021 (CDP 96-02(8)) 6. 7. 8. 9. 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 site. The project will replace an existing building and no distant or coastal views would be obstructed from public lands or roadways. 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. The proposed project is located within the 60-65 dB CNEL noise contour. The proposed hotel addition is 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. A condition of approval .is included to require interior noise level compliance prior to building permit issuance to ensure the noise levels are attenuated. PC RESO NO. 7295 -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 10. 11. 12. 13. b. C. d. The proposed project is in compliance with the ALUCP airspace protection surfaces because the maximum height of the 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. However, previous project approvals required, and the developer recorded, a "Notice Concerning Aircraft Environmental Impacts" for the resort. 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. \ That the project is consistent with the City's Landscape Manual and Water Efficient Landscape Ordinance {Carlsbad Municipal Code Chapter 18.50). 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 Projects of the state CEQA Guidelines. In making this determination, the City Planner has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. Furthermore, any potential environmental effects of the project were adequately analyzed by the previously Certified EIR for the Carlsbad Ranch Specific Plan -SP 207 /EIR 94-01. 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 third amendment to Site Development Plan SOP 96-01 and Coastal Development Permit CDP 96-02. PC RESO NO. 7295 -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 2. 3. 4. 5. 6. 7. 8. 9. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Site Development Plan Amendment and Coastal Development Permit Amendment 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 prov1s1ons 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. 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 Amendment and Coastal Development Permit Amendment, {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. 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. 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. PC RESO NO. 7295 -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 11. 12. 13. 14. 15. 16. 17. 18. 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. 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 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 Amendment and Coastal Development Permit Amendment by Resolution No. 7295 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 of the Directors of Community and Economic Development Department and Planning. 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. Prior to issuance of a building permit, the developer shall submit a noise study to the satisfaction of the city planner and building official demonstrating t hat the project's interior no,ise levels will be attenuated to 45 CNEL for the proposed hotel addition. PC RESO NO. 7295 -7- 1 Engineering 2 NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval 3 of this proposed development, must be met prior to approval a building or grading permit whichever occurs first. 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 General 19. 20. 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. Fees/ Agreements 21. 22. 23. 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. 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 submit an executed copy to the city engineer for recordation a city standard Permanent Stormwater Quality Best Management Practice Maintenance Agreement. Provide proof of a private access easement for the proposed walkway located within the adjacent property for the benefit of this project. Grading 25. 26. 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 for city engineer review, post security and pay all applicable grading plan review and permit fees per the city's latest fee schedule. This project requires off site grading. No grading for private improvements shall occur outside the property boundary unless developer obtain letter of permission to grade from the adjacent property owner. If developer is unable to obtain letter of permission to grade no grading permit will be issued. In that case developer must either apply for and obtain an amendment of this approval or modify the plans so grading will not occur outside the property boundary and apply for and obtain a finding of substantial conformance and/or consistency determination from both the city engineer and city planner. PC RESO NO. 7295 -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 Storm Water Quality 27. 28. 29. 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. 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. 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. 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, and Low Impact Design {LID) facilities. Utilities 31. 32. 33. 34. 35. 36. 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 private improvements and shall be served by private water main to the satisfaction of the district engineer. 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 Division for processing and approval by the district engineer. Developer shall install potable water services and meters at locations approved by the district engineer. The locations of said services shall be reflected on public improvement plans. The developer shall 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. The developer shall design and construct public water, and sewer facilities substantially as shown on the site plan to the satisfaction of the district engineer and city engineer. PC RESO NO. 7295 -9- 1 Code Reminders 2 Note: The project is subject to all applicable provisions of local ordinances, including but not limited to 3 the following code requirements: 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 37. 38. 39. 40. 41. 42. 43. 44. 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. 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 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. PC RESO NO. 7295 -10- 1 2 3 4 5 6 7 8 9 10 11 12 13 PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning Commission of the City of Carlsbad, California, held on May 16, 2018, by the following vote, to wit: AYES : NOES: ABSENT: ABSTAIN : MARTELL MONTGOMERY, Ch CARLSBAD PLANNING COMM DON NEU Chairperson Montgomery, Commissioners Anderson, Black, Luna Meenes and Segall 14 City Planner 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 7295 -11-