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HomeMy WebLinkAboutSDP 2018-0008; VIASAT BRESSI RANCH CAMPUS; Admin Decision Letter~\~ r2 :2&1~ 8FILE COPY Ccityof Carlsbad December 26, 2018 Robert A. Rota Viasat, Inc. A Delaware Corporation 6155 El Camino Real Carlsbad, CA 92009 SUBJECT: Dear Mr. Rota, SDP 2018-0008 (DEV2016-0015l VIASAT BRESSI RANCH CAMPUS -Request for approval of a Minor Site Development Plan (SDP 2018-0008) for the development of one (1) office building totaling 100,000 square feet (SF), expansion of a previously-approved parking structure, and associated site modifications. The subject 7.02-acre property is generally located north of Town Garden Road, south of Gateway Road, east of El Camino Real, and west of Alicante Road. The property is identified as APN 213-260-12-00 and is located in Planning Area 2 of the Bressi Ranch Master Plan, MP 178(K), in the Planned Industrial (P-M) Zone and Local Facilities Management Zone 17. The City Planner has completed a review of your application for a Minor Site Development Plan 2018- 0008 for APN 213-260-12-00, which is in Planning Area 2 of the Bressi Ranch Master Plan, MP 178(K). 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 one (1) office building totaling 100,000 SF, expansion of a previously-approved parking structure, and associated site modifications on a 7.02-acre, previously-graded site located within the Bressi Ranch Master Plan, MP 178(K). The building is 45 feet in height with allowable architectural protrusions up to 55 feet. The previously- approved parking structure is being expanded by one floor to a height of 44'-6" with an architectural protrusion (i.e. parapet wall) to 49 feet, which is below the building height maximum. The architectural protrusions up to 55 feet in height are allowed because: 1) they do not function to provide usable floor area; 2) are required to screen the mechanical areas as allowed per the Bressi Ranch Master Plan; 3) the architectural features do not adversely impact adjacent properties as existing buildings on the Viasat campus are at the same height; and 4} the architectural features are necessary to ensure the design excellence of the buildings. Community & Economic Development Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-73 l 4 I 760-602-4600 I 760-602-8560 f I www.carlsbadca.gov SDP 2018-0008 (DEV2016-0015)-VIASAT BRESSI RANCH CAMPUS December 26, 2018 \' ,., ' ,.. • Pa e 2 · ,.i. ·\~· ··· .,, · The expanded parking structure will accommodate 809 parking spaces, which exceeds the 803 parking spaces required for the site (i.e. propo_sed office building and previously-approved office building, Buildings 17 and 16 respectively). A total of 15,220 SF of outdoor employee eating area is provided which exceeds the 13,200 SF required for Buildings 17 and 16. Perimeter lot landscaping, retaining walls up to six (6) feet in height, drainage facilities and other ancillary improvements all meet city code requirements: The proposed office use is consistent with the Planned Industrial (Pl) General Plan Land Use designation and is a permitted use within the Planned Industrial (P-M) zoning designation 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. Furthermore, the project complies with the City of Carlsbad Climate Action Plan (CAP) in that it will implement the requirements of the CAP Checklist prepared by the applicant dated June 1, 2018, including but not limited to: 1) utilization of photovoltaic panels as described in Planning Commission Resolution No. 7192, Condition 18c., which requires installation of a photovoltaic (PV) energy system capable of producing a minimum of 1,008 MWh of electricity annually; or a photovoltaic energy system sized to offset 45 percent of the ViaSat campus net annual electrical energy demand, whichever is less; 2) utilization of a minimum of 75 percent LED fixtures; 3) utilization of natural gas service water heaters with a minimum of 95 percent thermal efficiency; 4) implementation of the Transportation Demand Management Plan; and 5) construction of a minimum of 50 electric vehicle-capable parking spaces, of which 25 spaces are electric vehicle- ready. 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 the 100,000-SF office building and parking structure have been designed to comply with all applicable development standards included in the Bressi Ranch Master Plan and Planned Industrial (P-M) zone, as well as mitigation measures contained in EIR 98-04. The project will not adversely impact the site, surroundings, or traffic circulation in that the existing surrounding streets, which are fully improved, have adequate capacity to accommodate the 700 Average Daily Trips (ADTs) generated by the project. In addition, the internal traffic circulation complies with Fire Department and Land Development Engineering requirements. Lastly, to reduce lighting impacts upon adjacent residential uses the project includes the following: 1) the pole- top light fixtures on the parking structure roof are fully shielded with house side shields to ensure the light sources are not visible from the adjacent residential uses; and 2) interior and exterior parking structure lighting is reduced or turned off when the structure is not occupied during non-daylight hours. 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 deveiopment standards of the Bressi Ranch Master Plan and the Planned Industrial (P-M) Zone (Chapter 21.34 of the Carlsbad Municipal Code), including setbacks, building coverage, employee eating areas, landscaping, parking, and height restrictions. SDP 2018-0008 (DEV2016-0015) -VIASAT BRESSI RANCH CAMPUS December 26, 2018 Pa e 3 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 office building, parking structure, employee eating area, perimeter landscape, drainage facilities and other ancillary improvements fit within the developable area, and all applicable development standards of the Bressi Ranch Master Plan and the Planned Industrial (P-M) Zone have been met. Parking is screened within the parking structure and landscaping screens the office building and parking structure. Pedestrian connections are proposed throughout the site and connect to adjacent roadways. 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 100,000-SF office use is consistent with the uses analyzed in the circulation analysis prepared for the Final Environmental Impact Report (EIR 98-04) for the Bressi Ranch Master Plan. The existing surrounding streets, which are fully improved, have adequate capacity to accommodate the 700 ADTs generated by the project. 6. That the project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 17 and all city public facility policies and ordinances. The project includes elements or has bee·n conditioned to construct or provide funding to ensure that all facilities and improvements regarding: sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. Specifically, A. The project has been conditioned to provide proof from the Carlsbad Unified School District that the project has satisfied its obligation for school facilities. B. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior to the issuance of building permit. C. The Local Facilities Management fee for Zone 17 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 17. 7. 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 the FAA conducted aeronautical studies and a "determination of no hazard to air navigation" was issued for the buildings on September 24, 2018, 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: 1) the property is not located within any noise contours SDP 2018-0008 (DEV2016-0015}-VIASAT BRESSI RANCH CAMPUS December 26, 2018 Pa e4 greater than 60 db(A) CNEL as created by airport operations; and 2) the property is located in Safety Zone 3 of the ALUCP, which conditionally allows office uses provided a maximum of 260 people per gross acre (people/ac) are provided and risk mitigation features are approved by the city. The combined intensity of the property for Buildings 16 and 17 is 244 people/ac and the project incorporates risk mitigation features including but not limited to: 1) increased fire resistance rated construction to prevent or delay fire-induced structural damage; 2) increased fire protection to allow occupants more time to exit the building and delay spread of fire to adjacent buildings; 3) providing enhanced means for building egress; and 4) address aircraft impact loads in the design of the building's structural system in order to reduce the potential for structural damage. Thus, the project complies with the ALUCP land use compatibility matrix. 8. The City Planner has determined that: A. The project is a subsequent activity of the Bressi Ranch Master Plan, MP 178(K), 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 Master Plan cited above; and C. The Bressi Ranch Master Plan Final EIR 98-04 was certified by the City Council on July 9, 2002 in connection with the prior project or plan; and D. The project is consistent with the Climate Action Plan (CAP) through compliance with the CAP checklist and the incorporation of project design features that reduce GHG emissions; 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 G. All feasible mitigation measures or project alternatives identified in the EIR 98-04, 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. 9. That the project is consistent with the city's Landscape Manual and Water Efficient Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50). 10. That the request for a Minor Site Development Plan was adequately noticed at least ten (10) calendar days before the date of this decision pursuant to Section 21.54.060 of the Carlsbad Municipal Code. 11. The City Planner has reviewed each of the exactions imposed on the Developer contained in this approval letter, 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. SDP 2018-0008 (DEV2016-0015)-VIASAT BRESSI RANCH CAMPUS December 26, 2018 Pa e 5 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 2018-0008 as shown on Exhibits "A" -"HH" dated December 26, 2018, 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/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. SDP 2018-0008 (DEV2016-0015) ~ VIASAT BRESSI RANCH CAMPUS December 26, 2018 Pa e 6 7. Prior to the issuance of a building permit, the Developer shall provide proof to the Building Division from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. 8. This project shall comply with all' conditions and mitigation measures which are required as part of the Zone 17 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 17. 9. Developer shall report, in writing, to the City Planner within 30 days, any address change from that which is shown on the permit application. 10. 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. 11. 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 wili"continue robe available until the time of occupancy. 12. 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. 13. Developer shall submit and obtain City Planner approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the city's Landscape Manual. Developer shall construct and install afl 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. 14. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plancheck process on file in the Planning Division and accompanied by the project's building, improvement, and grading plans: 15. 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 SDP 2018-0008 (DEV2016-0015)-VIASAT BRESSI RANCH CAMPUS December 26, 2018 Pa e 7 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. 16. 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. 17. 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. 18. Compact parking spaces shall be located in large groups, and in locations clearly marked to the satisfaction of the City Planner. 19. Prior to issuance of building permits, the project design shall incorporate the recommendations contained within the CAP checklist dated June 1, 2018, which includes the implementation of the following measures: A. Utilization of photovoltaic panels as described in Planning Commission Resolution No. 7192, Condition 18c., which requires installation of a photovoltaic (PV} energy system capable of producing a minimum of 1,008 MWh of electricity annually; or a photovoltaic energy system sized to. offset 45 percent of the ViaSat campus net annual electrical energy demand, whichever is less; B. Utilization of a minimum of 75 percent LED fixtures; C. Utilization of natural gas service water heater with a minimum of 95 percent thermal efficiency; D. Implementation of the Transportation Demand Management Plan; and E. Construction of a minimum of 50 electric vehicle-capable parking spaces of which 25 spaces are electric vehicle-ready. 20. All pole-top light fixtures on the parking structure shall be fully shielded with house side shields. This type of shielding is intended to fully shield the light source such that the light source is not directly visible from adjoining residences. 21. The interior parking areas shall be lit to the full intensity of design light levels of four (4) foot candles (FC} average in the interior parking areas when the space is occupied and reduced to 50 percent output when not occupied. If owner elects to keep lights on after 10:00 pm the intensity shall be reduced to one (1) FC to meet minimum egress illumination level requirements or the minimum egress illumination as determined by the city Building Division. 22. The top deck parking area of the parking structure shall be lit to the full intensity of design light levels of two (2) foot candles (FC} average in the top deck areas when the space is occupied and reduced to 50 percent output when not occupied from sunset until 10:00 pm. If owner elects --------·-------~--------------- SDP 2018-0008 (DEV2016-0015)-VIASAT BRESSI RANCH CAMPUS December 26, 2018 Pa e 8 to keep lights on after 10:00 pm the intensity shall be reduced to one (1) FC to meet minimum egress illumination requirements or the minimum egress illumination as determined by the city Building Division. 23. The project shall incorporate the risk mitigation features as described in the email from SCA architecture dated May 16, 2018. 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. General 24. 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. 25. 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. 26. 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. 27. 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 28. 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. 29. Developer shall cause property owner to execute and submit to the city engineer for recordation the city's standard form Drainage Hold Harmless Agreement. 30. 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 31. Supplemental grading plans are required for precise grading associated with this project. Developer shall prepare, and submit for approval, grading plans for the precise grading as shown on the site plan all subject to city engineer approval. SDP 2018-0008 (DEV2016-0015)-VIASAT BRESSI RANCH CAMPUS December 26, 2018 Pa e 9 Storm Water Quality 32. 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. 33. 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. 34. 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. 35. 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 control BMP and applicable hydromodification measures. 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 shall design all proposed public improvements including but not limited to utility services, pedestrian ramps, and driveways 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 SDP 2018-0008 (DEV2016-0015)-VIASAT BRESSI RANCH CAMPUS December 26, 2018 Pa e 10 39. 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 Subdivision Improvement Agreement to install said improvements and shall post security in accordance with C.M.C. Section 20.16.070. Developer shall apply for and obtain a right-of-way permit prior to performing work in the city right-of-way. 40. Developer shall design, and obtain approval from the city engineer, the structural section for the access aisles with a traffic index of 5.0 in accordance with city standards due to truck access through the parking area and/or aisles with an ADT greater than 500. Prior to completion of grading, the final structural pavement design of the aisle ways shall be submitted together with required R-value soil test information subject to the review and approval of the city engineer. Utilities 41. The developer shall agree to 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. 42. Developer shall install potable water and/or recycled water services and meters at lo~ations approved by the district engineer. The locations of said services shall be reflected on the grading 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 grading 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. Code Reminders: 45. 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. 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 Engineer. 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 shown on the site plan are for planning purposes only. 48. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by Council Policy No. 17. 49. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. SDP 2018-0008 (DEV2016-0015)-VIASAT BRESSI RANCH CAMPUS December 26, 2018 Pa e 11 50. The project shall comply with the latest nonresidential disabled access requirements pursuant to Title 24 of the California Building Code. 51. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 17 .04.320. 52. 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. SDP 2018-0008 (DEV2016-0015)-VIASAT BRESSI RANCH CAMPUS December 26, 2018 Pa e 12 NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions h'ereafter 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 $876.00. 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:CJ:dh c: Arati Rangaswamy, 13280 Evening Creek Drive 5., Suite 125, San Diego, CA 92128 David Rick, Project Engineer Don Neu, City Planner HPRM/File Copy/Data Entry