HomeMy WebLinkAbout2001-12-19; Planning Commission; Resolution 51011
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PLANNING COMMISSION RESOLUTION NO. 5101
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A CONDITIONAL USE PERMIT TO
CONSTRUCT A RESTAURANT ON PROPERTY GENERALLY
LOCATED ON THE WEST SIDE OF PASEO DEL NORTE,
NORTH OF PALOMAR AIRPORT ROAD AND SOUTH OF
CAR COUNTRY DRIVE IN LOCAL FACILITIES
MANAGEMENT ZONE 3
CASE NAME: RING’S FISH HOUSE CASE NO.: CUP 01-06
WHEREAS, King’s Seafood Company, “Developer,” has filed a verified
application with the City of Carlsbad regarding property owned by Carpenter’s Pension Trust
for Southern California, a California Corporation, “Owner,” described as
A portion of Parcel 2 of parcel map no. 11284, in the City of
Carlsbad, County of San Diego, State of California, according
to map thereof, filed in the Offke of the County Recorder of
San Diego County, May 11,198l and a portion of Parcel 4 of Carlsbad Tract No 92-07, in the City of Carlsbad, County of
San Diego, State of California, according to map thereof no.
13078, filed in the Office of the County Recorder of San Diego
County, December 28,1993
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit as shown on Exhibits “A” - “M” dated December 19, 2001, on file in the Carlsbad
Planning Department, KING’S FISH HOUSE - CUP 01-06, as provided by Chapter 21.42 and
21.208 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 19th day of December 2001,
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 CUP.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
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B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of KING’S FISH HOUSE - CUP 01-06, based
on the following findings and subject to the following conditions:
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That the requested use is necessary or desirable for the development of the community, is
essentially in harmony with the various elements and objectives of the General Plan, and
is not detrimental to existing uses specifically permitted in the zone in which the
proposed use is located, in that the proposed restaurant is a permitted use in the C-T
zone and Commercial Visitor-Serving Overlay and will provide a service for the
residential, tourist and business communities; it provides the required on-site
parking and has adequate traffic circulation; and project incorporates the required
development standards of the Commercial/Visitor Serving Overlay Zone to ensure
compatibility of the project with the community.
That the site for the intended use is adequate in size and shape to accommodate the use, in
that the restaurant can fit within the 2.0 acre and meet the development standards
without the need for modifications or variances.
That all the yards, setbacks, walls, fences, landscaping, and other features necessary to
adjust the requested use to existing or permitted future uses in the neighborhood will be
provided and maintained, in that adequate building and landscape setbacks have been
provided. The project incorporates a service yard to enclose the restaurant service
area, trash enclosures, and storage. The building design is such that any roof-
mounted mechanical is screened from view. Future access points to the adjacent
property have been made to facilitate development of that property.
That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the existing street system is adequate to
properly handle the 902 ADT generated by the development proposal.
That the proposed project is adequately designed to accommodate the high percentage of
visitor, tourist and shuttle bus/alternative transportation users anticipated given the
proposed use and site location within the overlay zone in that the on-site circulation
system has been adequately designed to accommodate the flow of traffic without
creating conflicts between uses. The project provides the required number of
parking spaces to accommodate the use. The project will also enter into a private
reciprocal access and parking agreement with the adjacent uses to the north and
south. A separate pedestrian walk has been provided from the public right-of-way
to the restaurant.
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That the building forms, building colors and building materials combine to provide an
architectural style of development that will add to the objective of high quality
architecture and building design within the overlay zone in that the building has been
designed with an alternative architectural design, which will be compatible with the
other surrounding buildings. The building design, materials and colors proposed
represent a high quality of architectural design through the use of architectural
details and building forms which are complementary to the surrounding buildings
in the vicinity.
That the project complies with all development and design criteria of the overlay zone in
that the project meets or exceeds all of the development and design criteria of the
overlay zone including, but not limited to parking, signage, building height, building
setbacks, building design, and landscaping.
The project is consistent with the Comprehensive Land Use Plan (CLUP) for the
McClellan-Palomar Airport, dated April 1994, in that as conditioned the applicant shall
record a notice concerning aircraft noise. The project is compatible with the projected
noise levels of the CLUP; and, based on the noise/land use compatibility matrix of the
CLUP, the proposed land use is compatible with the airport, in that restaurants are
compatible uses within the 60 CNEL.
The project is consistent with the City-Wide 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,
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. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and
will be collected prior to issuance of building permit.
C. 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.
Consistent with Section 65402(a) of the California Planning and Zoning Law, the
location, purpose and extent of the street vacation of Andersen Way has been
submitted to the Planning Commission.
The Planning Commission has determined that the entire street vacation of
Andersen Way is consistent with the General Plan Circulation Element policies for
streets, traffic control, and alternative modes of transportation in that; vacation of
the 90&foot long cul-de-sac will not preclude access to any property as only one
parcel is currently served by the cul-de-sac; Paseo De1 Norte provides adequate
access to the properties fronting Paseo de1 Norte without the cul-de-set; and the cul-
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de-sac is not needed to provide safe and effkient movement of people, goods, and
services within the City.
12. That the project is consistent with the City’s Landscape Manual (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section I B).
13. 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 building
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permit.
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; 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 Conditional Use Permit.
Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Conditional Use 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.
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.
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.
The Developer/Operator shall and does hereby agree to indemnifjr, 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 Conditional Use Permit, (b)
City’s approval or issuance of any permit or action, whether discretionary or non-
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discretionary, 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.
The Developer shall submit to the Planning Director a reproducible 24” x 36”, mylar
copy of the Site Plan reflecting the conditions approved by the final decision making
body.
Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the Carlsbad Unified School District that this project has satisfied its
obligation to provide school facilities.
This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 3 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits.
This approval is granted subject to the approval of CDP 01-06 and SDP 80-11(D) and is
subject to all conditions contained in Planning Commission Resolutions No. 5102 and
5103 for the Coastal Development Permit and Site Development Plan Amendment.
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.
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.
If, at any time, the City Council, Planning Commission or Planning Director determine
that there has been, or may be, a violation of the findings or conditions of this conditional
use permit, or of the Municipal Code regulations, a public hearing may be held before the
City Council to review this permit. At said hearing, the City Council may add additional
conditions, recommend additional enforcement actions, or revoke the permit entirely, as
necessary to ensure compliance with the Municipal Code and the intent and purposes of
the Commercial/Visitor-Serving Overlay Zone, and to provide for the health, safety and
general welfare of the City.
This Conditional Use Permit is granted for a period of 10 years. This permit may be
revoked at any time after a public hearing, if it is found that the use has a substantial detrimental effect on surrounding land uses and the public’s health and welfare, or the
conditions imposed herein have not been met. This permit may be extended for a
reasonable period of time not to exceed 5 years upon written application of the permittee
made no less than 90 days prior to the expiration date. The City Council may not grant
such extension, unless it finds that there are no substantial negative effects on
surrounding land uses or the public’s health and welfare. If a substantial negative effect
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on surrounding land uses or the public’s health and welfare is found, the extension shall
be denied or granted with conditions which will eliminate or substantially reduce such
effects. There is no limit to the number of extensions the City Council may grant.
The Developer is aware that the City is preparing a non-residential housing impact fee
(linkage fee) consistent with Program 4.1 of the Housing Element. The applicant is
further aware that the City may determine that certain non-residential projects may have
to pay a linkage fee, in order to be found consistent with the Housing Element of the
General Plan. If a linkage fee is established by City Council ordinance and/or resolution
and this project becomes subject to a linkage fee pursuant to said ordinance and/or
resolution, then the Developer, or his/her/their successor(s) in interest shall pay the
linkage fee. The linkage fee shall be paid at the time of issuance of building permits,
except for projects involving a request for a non-residential planned development for an
existing development, in which case, the fee shall be paid on approval of the final map,
parcel map or certificate of compliance, required to process the non-residential PUD,
whichever pertains. If linkage fees are required for this project, and they are not paid, this
project will not be consistent with the General Plan and approval for this project will
become null and void.
The Developer shall submit and obtain Planning Director approval of a Final Landscape
and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan
and the City’s Landscape Manual. The Developer shall construct and install all
landscaping as shown on the approved Final Plans, and maintain all landscaping in a
healthy and thriving condition, free from weeds, trash, and debris.
The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
landscape plan check process on file in the Planning Department and accompanied by the
project’s building, improvement, and grading plans.
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.
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 Development and Planning.
The 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 Planning Director, notifying all
interested parties and successors in interest that the City of Carlsbad has issued a
Conditional Use Permit and Coastal Development Permit by Resolutions No. 5101
and 5102 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.
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The Planning Director 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.
The Developer shall prepare and record a Notice that this property is subject to overflight,
sight and sound of aircraft operating from McClellan-Palomar Airport, in a form meeting
the approval of the Planning Director and the City Attorney (see Noise Form #2 on file in
the Planning Department).
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 Planning Director of an Outdoor Storage Plan, and thereafter comply with the
approved plan.
Developer shall construct, install and stripe not less than the number of required
parking spaces, as shown on Exhibit “A.”
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.
Prior to issuance of any building permit, Developer shall comply with the requirements of
the City’s anti-graffiti program for wall treatments if and when such a program is
formally established by the City.
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Fees/Agreements
Developer shall cause property owner to execute and submit to the City Engineer for
recordation the City’s standard form Drainage Hold Harmless Agreement regarding
drainage across the adjacent property.
Developer shall cause property owner to execute, record and submit a recorded copy to
the City Engineer, a deed restriction on the property which relates to the proposed cross
lot drainage as shown on the site plan. The deed restriction document shall be in a form
acceptable to the City Engineer and shall:
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Clearly delineate the limits of the drainage course;
State that the drainage course is to be maintained in perpetuity by the underlying
property owner; and
C. State that all future use of the property along the drainage course will not restrict,
impede, divert or otherwise alter drainage flows in a manner that will result in
damage to the underlying and adjacent properties or the creation of a public
nuisance.
Prior to approval of any grading or building permits for this project, Developer shall
cause Owner to give written consent to the City Engineer to the annexation of the area
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shown within the boundaries of the subdivision into the existing City of Carlsbad Street
Lighting and Landscaping District No. 1, on a form provided by 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 apply for and obtain a
grading permit from the City Engineer prior to issuance of a building permit for the
project.
Dedications/Imnrovements
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Developer shall cause Owner to execute a covenant of easement for private drainage
purposes as shown on the site plan the obligation to execute and record the covenant of
easement shall be shown and recording information called out on the site plan.
Developer shall provide City Engineer with proof of recordation prior to issuance of
building permit.
Prior to issuance of a grading permit or any demolition of public improvements
within City right-of-way, Developer shall apply for, process, and receive approval
for a street vacation for that portion of Andersen Way as shown on the site plan and
preliminary grading plans. Said vacation shall be processed as a General Street
Vacation in accordance with the Municipal Code and the California Street and
Highway Codes.
Prior to issuance of a grading permit or building permit, Developer shall prepare,
process and receive approval of a lot line adjustment so the parcels are reconfigured
as shown on the site plan and preliminary grading plan.
Developer shall provide for or install the necessary drainage infrastructure as shown on
the site plan prior to or concurrent with any grading or building permit. Developer shall
prepare and record the necessary easements required to encompass these drainage
improvements to the satisfaction of the City Engineer.
Developer shall execute and record a City standard Development Improvement
Agreement to install and secure with appropriate security as provided by law, public
improvements shown on the site plan and the following improvements including, but not
limited to paving, base, sidewalks, curbs and gutters, medians, signing and striping,
traffic control, grading, clearing and grubbing, undergrounding or relocation of utilities,
sewer, water, fire hydrants, street lights, retaining walls and reclaimed water, all
constructed to City Standards and to the satisfaction of the City Engineer. The Developer
shall:
A. Abandon the existing 1Zinch ACP waterline traversing the site. The existing
line shall be replaced with a new 12-inch PVC waterline installed along the
frontage of Paseo De1 Norte.
B. Relocate all the necessary fire hydrants and necessary appurtenances.
Improvements listed above shall be constructed within 18 months of approval of the
development improvement agreement or such other time as provided in said agreement.
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Developer shall have the entire drainage system designed, submitted to and approved by
the City Engineer, to ensure that runoff resulting from lo-year frequency storms of 6
hours and 24 hours duration under developed conditions, are equal to or less than the
runoff from a storm of the same frequency and duration under existing developed
conditions. Both 6 hour and 24 hour storm durations shall be analyzed to determine the
detention basin capacities necessary to accomplish the desired results.
Developer shall perform the necessary maintenance on the detention basin as
proposed on the site plan. The basin characteristics shall be maintained so that it’s
ability to reduce peak storm run-off is maintained.
Developer shall comply with the City’s requirements of the National Pollutant Discharge
Elimination System (NPDES) permit, latest version. Developer shall provide
improvements constructed pursuant to best management practices as referenced in the
“California Storm Water Best Management Practices Handbook” to reduce surface
pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such
improvements shall be submitted to and subject to the approval of the City Engineer.
Said plans shall include but not be limited to notifying prospective owners and tenants of
the following:
A. All owners and tenants shall coordinate efforts to establish or work with
established disposal programs to remove and properly dispose of toxic and
hazardous waste products.
B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil,
antifreeze, solvents, paints, paint thinners, wood preservatives, and other such
fluids shall not be discharged into any street, public or private, or into storm drain
or storm water conveyance systems. Use and disposal of pesticides, fungicides,
herbicides, insecticides, fertilizers and other such chemical treatments shall meet
Federal, State, County and City requirements as prescribed in their respective
containers.
C. Best Management Practices shall be used to eliminate or reduce surface pollutants
when planning any changes to the landscaping and surface improvements.
Prior to the issuance of grading permit or building permit, whichever occurs first,
Developer shall submit for City approval a “Storm Water Pollution Prevention Plan
(SWPPP).” The SWPPP shall be in compliance with current requirements and
provisions established by the San Diego Region of the California Regional Water Quality Control Board. The SWPPP shall address measures to reduce to the
maximum extent possible storm water pollutant runoff at both construction and
post-construction phases of the project. At a minimum, the Plan shall:
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Identify existing and post-development on-site pollutants.
Recommend source control Best Management Practices (BMPs) to filter said~
pollutants. Establish specific procedures for handling spills and routine clean up.
Special considerations and effort shall be applied to employee and customer
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D.
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education on the proper procedures for handling clean up and disposal of
pollutants.
Ensure long-term maintenance of all post construct BMPs in perpetuity.
Identify how post-development runoff rates and velocities from the site will
not exceed the pre-development runoff rates and velocities for a lo-year 6-
hour event.
Carlsbad Municinal Water District:
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Prior-to building permit or grading permit issuance, whichever occurs first Developer
shall have design, apply for and obtain approval of the City Engineer, for 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.
The structural pavement design of the aisle ways shall be submitted together with
required R-value soil test information and approved by the City Engineer as part of the
building or grading plan review whichever occurs first.
Prior to approval of improvement plans, Developer shall meet with the Fire Marshal to
determine if additional fire protection measures (fire flows, fire hydrant locations,
building sprinklers) are required to serve the project. Fire hydrants, if required, shall be
considered public improvements and shall be served by public water mains to the
satisfaction of the District Engineer.
The Developer shall design and construct public facilities within public right-of-way or
within minimum 20-feet wide easements granted to the District or the City of Carlsbad.
At the discretion of the District Engineer, wider easements may be required for adequate
maintenance, access and/or joint utility purposes.
Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges
for connection to public facilities. Developer shall pay the San Dieno Countv Water
Authoritv canacitv charge(s) prior to issuance of Building Permits.
The Developer shall design landscape and irrigation plans utilizing recycled water as a
source. Said plans shall be submitted to the satisfaction of the District Engineer.
The Developer shall install potable water and recycled water services and meters at a
location approved by the District Engineer. The locations of said services shall be
reflected on public improvement plans.
The Developer shall install sewer laterals and clean-outs at a location approved by the
District Engineer. The locations of sewer laterals shall be reflected on public
improvement plans.
The Developer shall design and construct public water facilities substantially as shown on
the Site Plan to the satisfaction of the District Engineer. Proposed public facilities shall be
reflected on public improvement plans.
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
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determined that adequate water and sewer facilities are available at the time of
occupancy. A note to this effect shall be placed on the Final Map, as non-mapping data.
Standard Code Reminders:
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The Developer shall pay a landscape plan check and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
Approval of this request shall not excuse compliance with all applicable sections of the
Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
The project shall comply with the latest non-residential disabled access requirements
pursuant to Title 24 of the State Building Code.
Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
Any signs proposed for this development shall at a minimum be designed in conformance
with the Carlsbad Municipal Code Section 21.208.100(B) and shall require review and
approval of the Planning Director prior to installation of such signs.
Developer shall exercise special care during the construction phase of this project to
prevent offsite siltation. Planting and erosion control shall be provided in accordance
with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction
of the City Engineer.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees,
dedications, reservations, or other exactions hereafter collectively referred to for convenience as
“fees/exactions.”
You have 90 days from date of final approval to protest imposition of these fees/exactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired.
PC RESO NO. 5101 -ll-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 19th day of December by the
1 following vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Compas, Dominguez,
Heineman, Nielsen, and Trigas
I NOES:
ABSENT:
ABSTAIN:
; CARLSti PLANNING COMMISSION
ATTEST:
Planning Director
PC RESO NO. 5101 -12-