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HomeMy WebLinkAbout2021-07-07; Planning Commission; Resolution 7420PLANNING COMMISSION RESOLUTION NO. 7420 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A COASTAL DEVELOPMENT PERMIT AND SITE DEVELOPMENT PLAN FOR THE DEMOLITION OF THE EXISTING DEALERSHIP BUILDINGS AND THE CONSTRUCTION OF A NEW 24,381 SQUARE-FOOT AUTOMOBILE DEALERSHIP, LOCATED ON A 2.93-ACRE LOT AT 5424 PASEO DEL NORTE, WITHIN THE CAR COUNTRY CARLSBAD SPECIFIC PLAN {SP 19{J)), THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 3. CASE NAME: TOYOTA CARLSBAD CASE NO.: CDP 2020-0024/SDP 2020-0002 (DEV2020-0130) WHEREAS, Judy A. Jones-Cones, "Developer," has filed a verified application with the City of Carlsbad regarding property owned by Judy A. Jones-Cones, "Owner," described as PARCEL 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN ON PAGE 5426 OF PARCEL MAPS AS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 30, 1976. ("the Property"); and WHEREAS, said verified application constitutes a request for a Coastal Development Permit and Site Development Plan as shown on Exhibit(s) "A" -"V" dated July 7, 2021 on file in the Planning Division, CDP 2020-0024/SDP 2020-0002 (DEV2020-0130) -TOYOTA CARLSBAD as provided by Chapter 21.06, Section 21.201.030 and Chapter 20.28 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on July 7, 2021, 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 Site Development Plan, Coastal Development Permit and Tentative Parcel Map; and 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) That based on the evidence presented at the public hearing, the Planning Commission APPROVES CDP 2020-0024/SDP 2020-0002 (DEV2020-0130) -TOYOTA CARLSBAD based on the following findings and subject to the following conditions: Findings: Coastal Development Permit CDP 2020-0024 1. That the proposed development is in conformance with the Mello II Segment of the Certified Local Coastal Program and all applicable policies in that the proposed automobile dealership is consistent with the LCP Land Use Plan, which designates the site Regional Commercial (R) and allows for regional commercial-related uses. Furthermore, no agricultural activities, sensitive resources, geological instability, flood hazard, or coastal access opportunities exist onsite, and the development does not obstruct views of the coastline as seen from public lands or public right-of-way or otherwise damage the visual beauty of the coastal zone. 2. 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 located adjacent to the shoreline. Therefore, the project will not interfere with the public's right to physical access to the ocean and the site is not suited for water-oriented recreational activities. 3. 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. 4. The project is not located in the Coastal Agriculture Overlay Zone, according to Map X of the Land Use Plan . 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). 5. 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). Site Development Plan SDP 2020-0002 6. 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 various goals and objectives of the General Plan will be implemented since the proposed project falls within an approved Specific Plan (Car Country Carlsbad Specific Plan), which was found to be consistent with the General Plan. The proposed use, motor vehicle dealerships for retail sales and service, is a permitted use within the Car Country Carlsbad Specific Plan (SP 19(J)). The proposed dealership will also comply with all applicable development standards. PC RESO NO. 7420 -2- 7. 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 automobile dealership is a permitted use within the Car Country Carlsbad Specific Plan {SP 19{J)) and is consistent with the existing automobile-dealership uses to the north, south, east, and west of the project site and, therefore, will not be detrimental to the adjacent properties. The project site will not be adversely impacted as it is currently developed with an automobile dealership. All required roadway improvements were constructed in conjunction with the existing development on site. The project will generate a net gain of 22 average daily trips (ADTs). The additional traffic will not significantly impact the nearby intersections and freeway on/off ramps. 8. That the site for the intended development or use is adequate in size and shape to accommodate the use, in that the proposed automobile dealership complies with the required development and design standards of Car Country Carlsbad Specific Plan {SP 19{J)). The project is consistent with the required setbacks and has a proposed lot coverage of 22.5 percent, which is below the allowable lot coverage of 25 percent. The height of the proposed development complies with the height limitations of the Car Country Specific Plan in that the highest point of the building (entry portal) measures 35 feet, and the maximum allowed building height is 35 feet. 9. 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 Specific Plan's allowed automobile sales, service, and auto-related uses. The project has been designed in accordance with all development and design standards of the Car Country Carlsbad Specific Plan {SP 19{J)) and, therefore, the project is compatible with existing permitted and future uses. Specifically, the proposed dealership will be setback from the property line along Paseo del Norte a distance of 216 feet. In addition, adequate circulation, access aisles and parking spaces will be provided as well as landscaping. 10. That the street systems serving the proposed development or use is adequate to properly handle all traffic generated by the proposed use, in that access to the site is provided via two new driveways replacing three existing driveways along Paseo del Norte. 11. The City Planner has determined that the project belongs to a class of projects that the Secretary for Resources has found do not have a significant impact on the environment; therefore, the project is categorically exempt from the requirement for the preparation of an environmental document pursuant to Section 15332 -In-Fill Development Projects -of the California Environmental Quality Act (CEQA) Guidelines. 12. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 3 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, PC RESO NO. 7420 -3- 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 3 is required by Carlsbad Municipal Code Section 21.90.050 and will be collected prior to issuance of building permit. 13. The project is consistent with the adopted Airport Land Use Compatibility Plan for the McClellan- Palomar Airport (ALUCP), dated March 4, 2010, in that at 107 feet AMSL, the proposed building is well below the Federal Aviation Regulation Part 77 obstruction surface of 443 feet AMSL at the project site, and thus notification is not required and the project is outside of the Airport Overflight Notification Area and recordation of an overflight notification is not required. The project is compatible with the projected noise levels of the ALUCP; and, based on the noise/land use compatibility matrix of the ALUCP, the proposed land use is compatible with the airport in that the proposed automobile dealership is located outside of the 60 dB CNEL noise contour and thus is not impacted by airport noise and the project site is located outside Safety Zones 1-6, thus, the proposed land use is considered compatible within the Airport Influence Area. 14. That the project is consistent with the city's Landscape Manual and Water Efficient Landscape Ordinance {Carlsbad Municipal Code Chapter 18.50). 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 grading or building 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, Coastal Development Permit and Site Development Plan. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Coastal Development Permit and Site Development Plan documents, as necessary to make them internally consistent and in conformity with the final action on the PC RESO NO. 7420 -4- 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, Coastal Development Permit and Site Development Plan, (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 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. 7. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 3 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 8. 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. 9. Developer shall make a separate formal landscape construction drawing plan check submittal to the Planning Division 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. 10. 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. PC RESO NO. 7420 -5- 11. Developer shall submit and obtain City Planner approval of a Tree Preservation Plan showing existing onsite trees to be preserved, prior to the issuance of a grading permit. Existing onsite trees shall be retained wherever possible and shall be trimmed as needed. The City Planner may approve the removal of trees, including but not limited to dead, decaying, or potentially dangerous trees during the review of the Tree Preservation Plan. All trees which are approved for removal shall be replaced on a tree-for-tree basis, and all mature trees shall be replaced with minimum 36-inch box specimens. 12. 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 3, 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. 13. 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. 14. 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 homes or property. 15. Developer shall construct, install, and stripe not less 65 parking spaces, as shown on Exhibit 5. 16. Prior to the issuance of the grading or building permit, whichever occurs first, 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 Coastal Development Permit and Site Development Plan by Resolution No. 7420 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. 17. 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. 18. 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 ofthe Building Official and City Planner. Engineering PC RESO NO. 7420 -6- General 19. 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. 20. 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. 21. Developer shall include rain gutters on the building plans subject to the city engineer's review and approval. Developer shall install rain gutters in accordance with said plans. 22. Developer shall install sight distance corridors at all street intersections and driveways in accordance with City Engineering Standards. The property owner shall maintain this condition. 23. Property owner shall maintain all landscaping (street trees, t ree grates, shrubs, groundcover, etc.) and irrigation along the parkway frontage with Paseo Del Norte as shown on the Site Plan. Fees/ Agreements 24. Developer shall cause property owner to execute and submit to the city engineer for recordation, the city's standard form Geologic Fa ilure 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 submit an executed copy to the city engineer for recordation a city standard Permanent Stormwater Quality Best Management Practice Maintenance Agreement. 27. Developer shall implement Transportation Demand Management strategies per the Carlsbad Municipal Code section 18.51. The Transportation Demand Management (TDM) Plan prepared during discretionary review is preliminary and shall be finalized and approved prior to occupancy. Prior to building permit issuance, the Developer shall have a consultation with city staff regarding submittal of the TDM Plan. Prior to occupancy, the Developer shall submit a Tier 1 Transportation Demand Management Plan for review and approval to the satisfaction of the city engineer. Grading 28. 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. 7420 -7- 29. This project requires off site grading. No grading for private improvements shall occur outside the project unless developer obtains, records, and submits a recorded copy, to the city engineer, a temporary grading, construction or slope easement or agreement from the owners of the affected properties. If developer is unable to obtain the temporary grading or slope easement, or agreement, 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 project and apply for and obtain a finding of substantial conformance and/or consistency determination from both the city engineer and city planner. 30. Concurrent with the grading plans Developer shall include structural plans for the existing building wall at the northeast side of the property that is proposed to remain as a retaining wall as part of the grading plans to the satisfaction of the city engineer and building official. Structural calculations by a structural engineer shall be required for the wall and shall be submitted for review and approval by the building division. All modifications to the existing building wall shall be shown on the grading plan. Developer shall pay all deposits necessary to cover any 3rd party review. Storm Water Quality 31. 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. 32. 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. 33. 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. 34. 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, pollutant or treatment control BMP, Low Impact Design (LID) facilities, and applicable hydromodification measures. 35. Developer shall complete the City of Carlsbad Standard Stormwater Requirement Checklist Form. PC RESO NO. 7420 -8- 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. Dedications/Improvements 36. Developer shall design the private drainage systems, as shown on the site plan 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. 37. Prior to any work in city right-of-way or public easements, Developer shall apply for and obtain a right-of-way permit to the satisfaction of the city engineer. 38. Developer sha ll design all proposed public improvements including but not limited to: 1) Remove existing driveways and install curb, gutter and sidewalk 2) Install 2 new driveway approaches 3) Connect to existing potable water service with existing water meter and backflow preventer 4) Remove existing sewer lateral 5) Construct new sewer lateral 6) Install¾" irrigation service 7) Install 6" fire service and double detector check valve (DDCV) 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 execute a city standard Development Improvement Agreement to install said improvements and shall post security in accordance with C.M.C. Section 18.40.060. Developer shall apply for and obtain a right-of-way permit prior to performing work in the city right-of-way. 39. 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 40. Developer shall meet with the fire marshal to determine if fire protection measures (fire flows, PC RESO NO. 7420 -9- fire hydrant locations, building sprinklers) are required to serve the project. 41. Developer shall design and agree to construct public facilities within public right-of-way or 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. 42. 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. 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. 44. The developer shall design and agree to construct public water, sewer, and recycled water facilities substantially as shown on the site plan to the satisfaction of the district engineer and city engineer. 45. Prior to issuance of building permits, developer shall pay all fees, deposits, and cha rges for connection to public facilities. Code Reminders The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 46. 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 enginee r. 47. 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. Fees 48. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by Council Policy No. 17. 49. Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management fee for Zone 3 as required by Carlsbad Municipal Code Section 21.90.050. 50. Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. General 51. 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. PC RESO NO. 7420 -10- 52. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 17.04.060. Prior to submittal for a building permit, Developer shall submit a request for addressing to the Building Division. 53. 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. 54. Developer acknowledges that the project is required to comply with the city's greenhouse gas (GHG) reduction ordinances and requirements. GHG reduction requirements are in accordance with, but are not limited to, Carlsbad Municipal Code Chapters 18.21, 18.30, and 18.51 in addition to the California Green Building Standards Code (CCR, Title 24, Part 11-CALGreen), as amended from time to time. GHG reduction requirements may be different than what is proposed on the project plans or in the Climate Action Plan Checklist originally submitted with this project. Developer acknowledges that new GHG reduction requirements related to energy efficiency, photovoltaic, electric vehicle charging, water heating and traffic demand management requirements as set forth in the ordinances and codes may impact, but are not limited to, site design and local building code requirements. If incorporating GHG reduction requirements results in substantial modifications to the project, then prior to issuance of development (grading, building, etc.) permits, Developer may be required to submit and receive approval of a Consistency Determination or Amendment for this project through the Planning Division. Compliance with the applicable GHG reduction requirements must be demonstrated on or with the construction plans prior to issuance of the applicable development permits. NOTICE TO APPLICANT An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad Village Drive, Carlsbad, California, 92008, within ten (10) calendar days of the date of the Planning Commission's decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section 21.54.150, the appeal must be in writing and state the reason(s) for the appeal. The City Council must make a determination on the appeal prior to any judicial review. PC RESO NO. 7420 -11- 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. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on July 7, 2021, by the following vote, to wit: AYES: Commissioners Kamenjarin, Lafferty, Luna, Meenes, Merz, Sabellico, and Stine NOES: ABSENT: ABSTAIN : ROY MEENES Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU City Planner PC RESO NO. 7420 -12-