HomeMy WebLinkAboutCDP 2026-0008; FPC RESIDENTIAL MONUMENT SIGN; Admin Decision LetterAugust 18, 2026
Ryley Webb
H.G. Fenton Company
7577 Mission Valley Road
San Diego, CA 92108-4432
MINOR COASTAL DEVELOPMENT PERMIT
NOTICE OF DECISION
RE: CDP 2026-0008 {DEV2022-0048) -FPC RESIDENTIAL {MONUMENT SIGN)
Dear Mr. Webb,
{city of
Carlsbad
The city has completed a review of the application for a Minor Coastal Development Permit to allow for
the construction of one (1) 37 .5 square foot on-premise monument sign for the existing "FPC Residential"
development, now marketed as "Tower 24, Ponto Beach" adjacent to the project driveway entrance on
Ponto Drive located at 7290 Ponto Drive. The project site is located outside of the appeals jurisdiction of
the California Coastal Commission.
It is the City Planner's determination that the project, CDP 2026-0008 (DEV2022-0048)-FPC RESIDENTIAL
{MONUMENT SIGN), is consistent with the city's applicable Coastal Development Regulations (Chapters
21.201 -21.205) and with all other applicable city ordinances and policies. The City Planner, therefore,
APPROVES this request based upon the following:
1. That the total cost of the proposed development is less than $60,000.
2. That the proposed development requires no discretionary approvals other than a Minor Coastal
Development Permit.
3. That the development is in conforrnity with the public access and public recreation policies of Chapter
3 of the Coastal Act, in that no opportunities for coastal access are available from the subject site,
nor are public recreation areas required of the project.
4. The proposed development will have no adverse effect on coastal resources, in that the proposed
monument sign is located on property that is not adjacent to a body of water, and the entire
property is already disturbed with a residential apartment project and landscaping.
5. 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 site is designated for residential development,
and allows for ancillary construction of accessory structures such as monument signs as proposed.
The project proposes to construct one {1) new monument sign structure that is approximately four
feet tall and 37.5 square feet in area. The proposed project will not obstruct views of the coastline
as seen from public lands or the public right-of-way, nor otherwise damage the visual beauty of the
coastal zone. No agricultural uses currently exist on the site, nor are there any sensitive resources
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
CDP 2026-0008 (DEV2022-0048) -FPC RESIDENTIAL
August 18, 2026
Page 2
located on the property. Furthermore, the proposed signs are not located in an area of known
geologic instability or flood hazards.
6. That the request for a minor coastal development permit was adequately noticed at least ten (10)
working days before the date of this decision pursuant to Section 21.201.080(8) and (C) of the
Carlsbad Coastal Development Regulations.
7. That the City Planner has determined that the project is exempt from the requirements of the
California Environmental Quality Act (CEQA) per Section 15311(a)-Accessory Structures, On-premise
Signs of the State CEQA Guidelines and will not have any adverse significant impact on the
environment.
Conditions:
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 permit.
1. The City Planner does hereby APPROVE Minor Coastal Development Permit, CDP 2026-0008, for the
project entitled FPC RESIDENTIAL (Exhibits "A" -"J"), dated August 18, 2026, on file in the Planning
Division and incorporated by this reference, subject to the conditions herein set forth.
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 Coastal Development Permit.
3. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Minor Coastal Development Permit documents, as necessary to make them
internally consistent and in conformity with the final action on the project. Development shall occur
substantially as shown on the approved Exhibits. Any proposed development different from this
approval, shall require an amendment to this approval.
4. The 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
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
CDP 2026-0008 (DEV2022-0048)-FPC RESIDENTIAL
August 18, 2026
Page 3
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 Coastal Development Permit, (b) City's approval or issuance of any permit or action,
whether discretionary or nondiscretionary, in connection with the use contemplated herein, and (c)
Developer/Operator's installation and operation of the facility permitted hereby, including without
limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or
other energy waves or emissions. This obligation survives until all legal proceedings have been
concluded and continues even if the city's approval is not validated.
7. 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.
8. 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 22, 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.
9. Prior to the issuance of the building 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 Coastal
Development Permit 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.
10. 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.
11. 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.
12. 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.
13. Developer shall complete and submit to the building department a Determination of Project's Storm
Water Pollution Prevention Plan (SWPPP) Tier Level and Construction Threat Level Form pursuant to
City Engineering Standards. Developer shall also submit the appropriate Tier level SWPPP to the
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
CDP 2026-0008 (DEV2022-0048)-FPC RESIDENTIAL
August 18, 2026
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satisfaction of the Building Official. Developer shall pay all applicable SWPPP plan review and
inspection fees per the city's latest fee schedule.
14. 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.
NOTICE
This decision may be appealed by you or any member of the public to the Planning Commission within ten
(10) calendar days of receipt of this letter. Appeals must be submitted in writing to the Planning
Commission at 1635 Faraday Avenue in Carlsbad, along with a payment of $952.00. 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.
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.
If you have any questions regarding this matter, please feel free to contact Jason Goff at (442) 339-2643
or by email at jason.goff@carlsbadca.gov.
CITY OF CARLSBAD
/47~
SCOTT NIGHTINGALE
City Planner
SN:JG:cf
c: Tim Carroll, Project Engineer
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Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600