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HomeMy WebLinkAboutSDP 2017-0002; PACIFIC VISTA COMMERCE CENTER; Admin Decision LetterJuly 21, 2017 CCityof Carlsbad Chris Wood Ryan Companies Suite 370 4275 Executive Square San Diego, CA 92037 SUBJECT: Dear Mr. Wood, SDP 2017-0002 (DEV2016-0023) -PACIFIC VISTA COMMERCE CENTER -Request for approval of a Minor Site Development Plan (SOP 2017-0002) for the development of three light industrial buildings totaling 411,000 square feet (SF). Specifically, a total of 61,650 SF of office use, 82,200 SF of manufacturing use and 267,150 SF of warehouse use is proposed. The subject property is located on the west side of Whiptail Loop West and identified as Lot 23 of the Carlsbad Oaks North Specific Plan (SP 211(C)), in the Planned Industrial (P-M) Zone and Local Facilities Management Zone 16. The City Planner has completed a review of your application for a Minor Site Development Plan SDP 2017- 0002 located on the west side Whiptail Loop West and identified as Lot 23 of the Carlsbad Oaks North Specific Plan (SP 211(C)). A notice was sent to property owners within a 300 foot radius of the subject property requesting comments regarding the above request. No comments were received within the ten- day notice period, ending on June 16, 2017. After careful consideration of the circumstances surrounding this request, the City Planner has made a decision pursuant to Section 21.06.070 of the City of Carlsbad Municipal Code to APPROVE this request based on the following findings and subject to the conditions listed below. Findings: 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 consists of the development of three (3), 38'-6"-tall (with allowable parapet projections up to 42'-11") light industrial office buildings totaling approximately 411,000 square feet (61,650 SF of office use, 82,200 SF of manufacturing use and 267,150 SF of warehouse use). Surface parking for 727 vehicles (720 required) will be provided, along with 24,850 square feet of outdoor employee eating areas, perimeter and parking lot landscape, retaining walls, drainage facilities and other ancillary improvements necessary to develop the project on the existing 26.09-acre previously mass-graded site located at Lot 23 of the Carlsbad Oaks North Specific Plan (SP 21l(C)). Community & Economic Development Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 760-602-4600 I 760-602-8560 f I www.carlsbadca.gov SDP 2017-0002 (DEV2016-0023)-PACIFIC VISTA COMMERCE CENTER July 21, 2017 Pa e 2 The proposed manufacturing/office/warehouse use is consistent with the Planned Industrial (Pl) General Plan Land Use and the Planned Industrial (P-M) zoning designations for the site. All roadways and improvements necessary to serve the development exist, and no additional improvements are required. The project is located outside the 60 dBA CNEL noise contour of the McClellan-Palomar Airport. Pursuant to CMC Section 21.34.070, the proposed building may exceed the 35-foot building height because the project provides additional landscaped setbacks of at least one foot for every foot above the height limit (i.e., 3'-6" increased setbacks for 38'- 6"-tall building). Furthermore, the project complies with the City of Carlsbad Climate Action Plan (CAP) in that it will implement the recommendations of the approved GHG Analysis and CAP Checklist prepared by Rincon Consultants, dated. April, 2017, including but not limited to installing a photovoltaic (PV) system which would provide a system of at least 910 kilowatts (kW); at least 75% LED lighting for the buildings; utilization of either a solar water heating system, heat pump or equivalent; a Transportation Demand Management Plan which includes 27 long term, secure bicycle storage lockers; providing future wiring to 6 percent or 44 parking spaces for Electric Vehicle (EV) charging stations, including 22 fully operational charging stations; designated clean air/van pool spaces in preferred locations; and utilizing drought tolerant plants and energy efficient irrigation systems. 2. 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: a. The project site is adjacent to General Plan Land Use and zoning-designated Open Space (OS) to the north and south and vacant Planned Industrial (P-M) zoned property to northeast and east. The proposal to construct three (3) light industrial buildings totaling 411,000 SF will not adversely impact the site, surroundings, or traffic circulation. The existing surrounding streets, which are fully improved, have adequate capacity to accommodate the 2,898 Average Daily Trips (ADT) generated by the project, consistent with the previous analysis in the Carlsbad Oaks North Specific Plan (SP 2ll(C)) Final Environmental Impact Report (EIR 98-08), which anticipated 3,011 ADT for the site; b. The Carlsbad Oaks North Specific Plan established a 300 foot buffer for development from the northern boundary line of the Specific Plan to protect the Dawson-Los Monos Reserve Open Space as depicted in Figure 10 of the Specific Plan. Lot 23 is south, and outside, of this established 300 foot buffer area; and c. The project complies with all applicable development standards included in the Carlsbad Oaks North Specific Plan and the Planned Industrial (P-M) Zone, as well as mitigation measures contained in EIR 98-08. Applicable mitigation measures are implemented as Condition Nos. 6 and 18. 3. That the site for the intended development or use is adequate in size and shape to accommodate the use in that the project complies with all development standards of the Planned Industrial (P-M) Zone (Chapter 21.34 of the Carlsbad Municipal Code) and the Carlsbad Oaks North Specific • I SDP 2017-0002 (DEV2016-0023) -PACIFIC VISTA COMMERCE CENTER July 21, 2017 Pa e 3 Plan (Development Standards & Design Guidelines) including building coverage, employee eating areas, landscaping, and parking. In addition, the project complies with building height and setbacks in that the landscape setbacks have been increased by a minimum of 3'-6" to allow for a building height of 38'-6" pursuant to CMC Section 21.34.070. 4. That all of the 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 light industrial buildings, surface parking, employee eating areas, perimeter and parking lot landscape, retaining walls, drainage facilities and other ancillary improvements can all fit within the developable area. The landscaped setbacks have been increased as appropriate for the increase in building height, and all other applicable development standards of the Planned Industrial (P-M) Zone and the Carlsbad Oaks North Specific Plan have been met. Loading areas will be screened from the street through building orientation, landscaping, and the construction of a 14-foot-tall screen wall. Adequate vehicle circulation has been provided to accommodate safety and truck turning movements. Access to the site will be provided via three (3) driveways on Whiptail Loop West. Pedestrian connections to the existing sidewalk on Whiptail Loop West will be provided via a sidewalk along the southerly side of the northern driveway. 5. That the street system serving the proposed development or use is adequate to properly handle all traffic generated by the proposed use; in that the proposed industrial office use is consistent with the uses analyzed in the circulation analysis prepared for the Final Environmental Impact Report (EIR 98-08) for the Carlsbad Oaks North Specific Plan. The existing surrounding streets, which are fully improved, have adequate capacity to accommodate the 2,898 ADT generated by the project. 6. That the City Planner finds that the project, as conditioned herein, is in conformance with the Elements of the City's General Plan and the Carlsbad Oaks North Specific Plan, in that the proposed industrial office use is consistent with the Planned Industrial (Pl) General Plan Land Use and Planned Industrial (P-M) Zoning designations for the site; meets all applicable development standards of the Planned Industrial (P-M) Zone and the Carlsbad Oaks North Specific Plan; all roadways and improvements necessary to serve the development exist, and no additional improvements are required; and the project is located outside the 60 dBA CNEL noise contour of the McClellan-Palomar Airport. 7. That the project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 16 and all City public facility policies and ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding: sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. Specifically, a. The project has been conditioned to provide proof from the Carlsbad Unified School District that the project has satisfied its obligation for school facilities. SDP 2017-0002 (DEV2016-0023) -PACIFIC VISTA COMMERCE CENTER July 21, 2017 Pa e4 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 16 is required by Carlsbad Municipal Code Section 21.90.050 and will be collected prior to issuance of building permit. d. A growth management park fee of $0.40 per square foot of non-residential development will be collected at the time of building permit issuance. This fee will be used to construct recreational facilities to offset demand created by employees within Local Facilities Management Zone 16. 8. That the project is consistent with the City's Landscape Manual and Water Efficient Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50). 9. The project is consistent with the adopted Airport Land Use Compatibility Plan for the McClellan- Palomar Airport (ALUCP), adopted January 25, 2010 and amended March 4, 2010, in that neither the structure nor any protrusion will exceed a total elevation of 548 feet above mean sea level within the airport influence area, and thus will not create any obstructions of navigable air space. In addition, 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 property is not located within any noise contours greater than 60 db(A) CNEL as created by airport operations and office/manufacturing/warehouse land uses are permitted within Safety Zone 6. 10. The City Planner has determined that: a. The project is a subsequent activity of the Carlsbad Oaks North Specific Plan (SP 211(C)), a project for which a program EIR was prepared, and this activity is within the scope of the program approved earlier, and that the program EIR adequately describes the activity for the purposes of CEQA); [15168( c)(2) and (e)]; and b. This project is consistent with the Specific Plan cited above; and c. The Carlsbad Oaks North Specific Plan Final EIR 98-08 was certified by the City Council on October 8, 2002 in connection with the prior project or plan; and d. The project's Greenhouse Gas (GHG) Analysis prepared by Rincon Consultants, dated April 2017, indicates the project is consistent with the City of Carlsbad Climate Action Plan through compliance with state-mandated GHG reduction measures and incorporation of project design features that reduce GHG emissions; and e. The project has no new significant environmental effect not analyzed as significant in the prior EIR; and f. None of the circumstances requiring a Subsequent EIR or a Supplemental EIR under CEQA Guidelines Sections 15162 or 15163 exist; and SOP 2017-0002 (DEV2016-0023) -PACIFIC VISTA COMMERCE CENTER July 21, 2017 Pa e 5 g. All feasible mitigation measures or project alternatives identified in the EIR 98-08, which are appropriate to this Subsequent Project, have been completed, incorporated into the project design or are required as conditions of approval for this Subsequent Project. 11. The City Planner 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 grading permit or building permit issuance, whichever comes first. 1. Approval is granted for SDP 2017-0002 as shown on Exhibits "A" -"VY" dated July 19~ 2017 on file in the Planning Division and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. 2. 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 Minor Site Development Plan. 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Minor Site Development Plan 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. 4. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 5. 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. 6. Developer shall implement, or cause the implementation of, the Carlsbad Oaks North Specific Plan Mitigation Monitoring and Reporting Program (EIR 98-08) and the performance standards of the Carlsbad Oaks North Specific Plan, including but not limited to the following: SOP 2017-0002 (DEV2016-0023) -PACIFIC VISTA COMMERCE CENTER July 21, 2017 Pa e 6 a. Developer shall submit and obtain City Planner approval of an exterior lighting plan including parking areas. All outdoor lighting shall be designed to reflect downward and avoid any impacts on adjacent property. Specifically, lighting shall be directed away from open space lots surrounding the industrial lots to the maximum extent feasible. Parking lot lighting adjacent to open space shall utilize low pressure sodium or amber LED luminaires. When warranted (i.e., adjacent to natural open space), the lights should be used in conjunction with cut-off shields (fully shielded/full cutoff lighting). Such shields shall eliminate the horizontal and upward projection of light and direct the light downward, eliminating excess illumination. 7. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Minor 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. 8. 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. 9. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 16 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits, including, but not limited to the following: a. A growth management park fee of $0.40 per square foot of non-residential development will be collected at the time of building permit issuance. This fee will be used to construct recreational facilities to offset demand created by employees within Local Facilities Management Zone 16. 10. Developer shall report, in writing, to the City Planner within 30 days, any address change from that which is shown on the permit application. 11. 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. 12. 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. SDP 2017-0002 (DEV2016-0023) -PACIFIC VISTA COMMERCE CENTER July 21, 2017 Pa e 7 13. Prior to the issuance of the grading permit, Developer shall submit to the City a Notice of Restriction 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 Minor Site Development Plan 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. 14. 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, subject to necessary corrections noted on the Preliminary Landscape 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. 15. 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. 16. 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. 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 of the Directors of Community and Economic Development Department and Planning. 19. Prior to issuance of building permits, the project design shall incorporate the recommendations contained within the approved GHG Analysis and CAP Checklist prepared by Rincon Consultants, dated April, 2017. Prior to occupancy clearance, future tenant(s) shall be required to submit and obtain approval from Public Works and the Planning Division for a Transportation Demand Management (TDM) Plan. 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 a building or grading permit whichever occurs first. SDP 2017-0002 (DEV2016-0023)-PACIFIC VISTA COMMERCE CENTER July 21, 2017 Pa e 8 General 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. 21. 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. 22. 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. 23. 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. 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 submit an executed copy to the city engineer for recordation a city standard Permanent Stormwater Quality Best Management Practice Maintenance Agreement. 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 for city engineer review, post security and pay all applicable grading plan review and permit fees per the city's latest fee schedule. Storm Water Quality 28. 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. SOP 2017-0002 (DEV2016-0023) -PACIFIC VISTA COMMERCE CENTER July 21, 2017 Pa e 9 29. Prior to the issuance of grading permit or building permit, which~ver occurs first, developer shall submit for city approval a Tier 3 Storm Water Pollution Prevention Plan (TIER 3 SWPPP). The TIER 3 SWPPP shall comply with current requirements and provisions established by the San Diego Regional Water Quality Control Board and City of Carlsbad Requirements. The TIER 3 SWPPP shall identify and incorporate measures to reduce storm water pollutant runoff during construction of the project to the maximum extent practicable. Developer shall pay all applicable SWPPP plan review and inspection fees per the city's latest fee schedule. 30. This project is subject to 'Priority Development Project' requirements. Developer shall prepare and process a Storm Wate.r 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. 31. Developer is responsible to ensure that all final design plans (grading plans, improvement plans, landscape plans, building plans, etc.) incorporate all source control, site design, treatment control BMP, applicable hydromodification measures, and Low Impact Design (LID) facilities. Dedications/Improvements 32. Developer shall design all proposed public improvements including but not limited to pedestrian ramps, driveways, sidewalk, water services/meters, etc. as shown on site plans. These improvements shall be shown on the grading plans processed in conjunction with this project to the satisfaction of the City Engineer. 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. 33. 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. 34. 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. Utilities 35. Developer shall meet with the fire marshal to determine fire protection measures (fire services, fire flows, fire hydrants and building sprinklers) required to serve the project. On-site fire hydrants and building sprinklers shall be served by private on-site fire water main designed to the satisfaction of the Fire Marshal. SDP 2017-0002 (DEV2016-0023) -PACIFIC VISTA COMMERCE CENTER July 21, 2017 Pa e 10 36. Developer shall design the on-site private fire service, as shown on the site plan, to the satisfaction of the Fire Marshal. 37. Developer shall design and agree to construct public facilities within public right-of-way or within easement 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. 38. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for connection to public facilities. 39. The developer shall design landscape and irrigation plans utilizing recycled water as a source and prepare and submit a colored recycled water use map to the Planning Department for processing and approval by the district engineer. 40. Developer shall install potable water and/or recycled water services and meters at locations approved by the district engineer. The locations of said services shall be reflected on public improvement plans. 41. 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. 42. 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. Code Reminders: 43. 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, including but not limited to California Fire Code, 2013 edition and Title 19, California Code of Regulations, except as otherwise specifically provided herein. 44. 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. 45. 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 shown on the site plan are for planning purposes only. 46. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by Council Policy No. 17. 47. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. .. SDP 2017-0002 (DEV2016-0023) -PACIFIC VISTA COMMERCE CENTER July 21, 2017 Pa e 11 48. The project shall comply with the latest nonresidential disabled access requirements pursuant to Title 24 of the California Building Code. 49. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 17.04.320. 50. 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 the 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. This decision may be appealed by you or any other member of the public to the Planning Commission within ten days of the date of this letter. Appeals must be submitted in writing to the Planning Division at 1635 Faraday Avenue in Carlsbad, along with a payment of $850 plus noticing fees. The filing of such appeal within such time limit shall stay the effective date of the order of the City Planner until such time as a final decision on the appeal is reached. If you have any questions regarding this matter, please feel free to contact Shannon Harker at (760) 602-4621. Sincerely, TERI DELCAMP Principal Planner TD:SH:sc c: Eric Munoz, Hofman Planning, Suite 1, 3156 Lionshead Avenue, Carlsbad, CA 92010 Don Neu, City Planner Tecla Levy, Project Engineer File Copy Data Entry -