HomeMy WebLinkAbout2015-04-01; Planning Commission; Resolution 7092
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR
A TERM OF 10 YEARS FOR A PRE-K THROUGH 12TH GRADE SCHOOL
ACCOMMODATING UP TO 220 STUDENTS AND 18 STAFF MEMBERS
WITHIN THE FIRST FLOOR (11,688 SQUARE FEET) OF AN EXISTING
THREE-STORY MIXED USE DEVELOPMENT IN THE BLUWATER CROSSING
DEVELOPMENT, LOCATED AT THE SOUTHWEST CORNER OF AVENIDA
ENCINAS AND EMBARCADERO LANE, IN THE C-T ZONE, POINSETTIA
PROPERTIES SPECIFIC PLAN (SP 210(A))) AND LOCAL FACILITIES
MANAGEMENT ZONE 22.
CASE NAME: DEHESA CHARTER SCHOOL
CASE NO.: CUP 14-04
WHEREAS, Element Education, Inc., “Applicant” and Macquarie Poinsettia
Incorporated, “Owner,” have filed a verified application with the City of Carlsbad regarding property
described as
Lot 1 of Carlsbad Tract No. CT 04-11, Poinsettia Commons, in the City
of Carlsbad, County of San Diego, State of California, according to map
thereof No. 15593, filed in the Office of the County Recorder of San
Diego County on August 17, 2007, and the Certificate of Correction
recorded December 28, 2009 as Instrument No. 2009-0716207 of
Official Recorded
EXCEPTING THEREFROM each Unit as shown on the Condominium
Plan for 6797 Embarcadero Lane, recorded in the Office of the County
Recorder of San Diego County, California, on May 13, 2011, as
Document No. 2011-0249327 and any amendments thereto
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional Use Permit as
shown on Exhibits “A” – “J” dated April 1, 2015, on file in the Planning Division, DEHESA CHARTER
SCHOOL – CUP 14-04, as provided by Chapter 21.42 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on April 1, 2015, 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.
PLANNING COMMISSION RESOLUTION NO. 7092
PC RESO NO. 7092 -2-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of
Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
APPROVES DEHESA CHARTER SCHOOL – CUP 14-04, based on the following findings
and subject to the following conditions:
Findings:
1. That the requested use is necessary or desirable for the development of the community, and is
in harmony with the various elements and objectives of the General Plan, in that the proposed
11,688 square foot, 220-student private school is proposed to be located within Planning Area
6 of the Poinsettia Properties Specific Plan (SP 210(A)). The General Plan as well as SP 210(A)
recognize the need for transit-oriented uses and the proposed Pre-K through 12th grade
school will provide an educational service which is located in close proximity to the
employees of the businesses and residents within the Bluwater Crossing development, as well
as the residents of the nearby residential communities. In addition, the proposed school is
located near the Coaster Station and will encourage parents and employees of the school to
utilize an alternate form of transportation which is an overarching goal of SP 210(A).
Pursuant to SP 210(A), any use within Planning Area 6 of the Specific Plan area shall comply
with the C-T zone, which implements the Travel/Recreation Commercial General Plan Land
Use designation. Pursuant to the land use matrix in the C-T zone, the Dehesa Charter School
is identified as an educational institution which is subject to the approval of a Conditional Use
Permit.
2. That the requested use is not detrimental to existing uses or to uses specifically permitted in
the zone in which the proposed use is to be located in that the proposed private school is
compatible with the surrounding businesses and residential uses and the proposed use will
provide adequate parking that is consistent with the city’s parking requirements. Specifically,
the proposed school will require less parking than the originally-anticipated retail and daycare
uses for the ground floor of Building 1 in Planning Area 6 of SP 210(A). In addition, a noise
study prepared for the project (Mestre Grave Associates, December, 2014) concluded that
there would be no impacts to the existing residential units located on the 2nd and 3rd floors of
the building in which the school is proposed to be located since there is a hallway, solid wall
and doors located in between the units and the proposed playground. Furthermore, an
existing six-foot-tall sound wall located around the perimeter of the development will
attenuate any exterior noise generated by the proposed playground. The pick-up and drop-
off times for the students will be staggered to reduce the amount of stacking that may occur
in the morning when school begins or in the afternoon when instruction ends. Furthermore,
the school is proposed to be located within an existing building and only tenant
improvements and minor improvements to the exterior elevations are required to
accommodate the use.
3. That the site for the proposed conditional use is adequate in size and shape to accommodate
the yards, setbacks, walls, fences, parking, loading facilities, buffer areas, landscaping and other
development features prescribed in this code and required by the City Planner, planning
commission or city council, in order to integrate the use with other uses in the neighborhood, in
PC RESO NO. 7092 -3-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
that the proposed school will occupy the vacant ground floor of an existing mixed-use building
with existing onsite landscaping. A landscape plan is proposed for the development of the
rear yard with a playground. An existing six-foot-tall noise wall along the rear perimeter of
the development will assist in attenuating any noise associated with the playground and in
screening the playground equipment from the street and adjacent multi-family residential
development to the south. The playground equipment complies with the required setbacks
and no additions are proposed to accommodate the proposed private school. Furthermore,
the project complies with all of the required development standards of the C-T Zone and the
Poinsettia Properties Specific Plan (SP 210(A)) and the proposed 11,688 square foot lease
space is adequate in size and shape to accommodate the proposed private school. A total of
10 parking stalls in front of the school are designated for limited-time parking to allow
parents who need to come inside the school to pick up or drop off their children. In addition,
the school will have traffic monitors outside to facilitate the traffic circulation when the
school begins or ends. The Parking Management Plan (October, 2014) has been revised to
address the change in use from retail and daycare to the proposed Pre-K through 12th grade
school.
4. That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that access to the school can be taken from a privately-
maintained driveway (i.e. Embarcadero Lane) located off of Avenida Encinas. In addition,
there is an existing round-about located in front of the proposed school to facilitate the
circulation. To avoid the potential for a spillover of cars onto Avenida Encinas, parents with
children attending the school will be required to use the southerly driveway entrance to the
Bluwater Crossing development. A separate stacking lane is proposed and the start and end
times for the various different grades are staggered to reduce the number of cars in the
queue. A revised parking management plan has been prepared which outlines how the
parking stalls will be designated for the Bluwater Crossing development. In addition, a Pick-
Up/Drop-Off Assessment prepared by Linscott, Law & Greenspan (February 24, 2015) was
prepared which determined that no significant pick-up/drop-off loading operation issues
would exist with the implementation of the recommendations, which have been incorporated
as project conditions. The traffic generated by the proposed school will not exceed what was
originally anticipated in association with the daycare and retail uses and, therefore, will
remain in compliance with what was analyzed in association with SP 210(A) and will not
significantly impact the surrounding road segments or intersection levels of service.
5. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities
Management Plan for Zone 22 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 Public Facility fee is required to be paid by Council Policy No. 17 and will be collected
prior to the issuance of building permit.
b. The Local Facilities Management fee for Zone 22 is required by Carlsbad Municipal Code
Section 21.90.050 and will be collected prior to issuance of building permit.
PC RESO NO. 7092 -4-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
6. That the project is consistent with the City’s Landscape Manual and Water Efficient Landscape
Ordinance (Carlsbad Municipal Code Chapter 18.50).
7. That the City Planner has determined that the project belongs to a class of projects that the
State Secretary for Resources has found do not have a significant impact on the environment,
and it is therefore categorically exempt from the requirement for the preparation of
environmental documents pursuant to Section 15301(a), Existing Facilities, of the state CEQA
Guidelines. In making this determination, the City Planner has found that the exceptions listed
in Section 15300.2 of the state CEQA Guidelines do not apply to this project.
8. 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 issuance of building
permits.
1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented
and maintained over time, if any of such conditions fail to be so implemented and maintained
according to their terms, the City shall have the right to revoke or modify all approvals herein
granted; deny or further condition issuance of all future building permits; deny, revoke, or
further condition all certificates of occupancy issued under the authority of approvals herein
granted; record a notice of violation on the property title; institute and prosecute litigation to
compel their compliance with said conditions or seek damages for their violation. No vested
rights are gained by Developer or a successor in interest by the City’s approval of this
Conditional Use Permit.
2. 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.
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
4. If any condition for construction of any public improvements or facilities, or the payment of any
fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged,
this approval shall be suspended as provided in Government Code Section 66020. If any such
condition is determined to be invalid, this approval shall be invalid unless the City Council
determines that the project without the condition complies with all requirements of law.
5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims and
costs, including court costs and attorney’s fees incurred by the City arising, directly or indirectly,
from (a) City’s approval and issuance of this Conditional Use Permit, (b) City’s approval or
PC RESO NO. 7092 -5-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
issuance of any permit or action, whether discretionary or nondiscretionary, in connection with
the use contemplated herein, and (c) Developer/Operator’s installation and operation of the
facility permitted hereby, including without limitation, any and all liabilities arising from the
emission by the facility of electromagnetic fields or other energy waves or emissions. This
obligation survives until all legal proceedings have been concluded and continues even if the
City’s approval is not validated.
6. Developer shall submit to City Planner a reproducible 24” x 36” mylar copy of the Site Plan
reflecting the conditions approved by the final decision-making body.
7. Developer shall include, as part of the plans submitted for any permit plancheck, a reduced
legible version of all approving resolution(s) in a 24” x 36” blueline drawing format (including
any applicable Coastal Commission approvals).
8. This project shall comply with all conditions and mitigation measures which are required as part
of the Zone 22 Local Facilities Management Plan and any amendments made to that Plan prior
to the issuance of building permits.
9. 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.
10. 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.
11. 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.
12. Prior to the issuance of the building permit, Developer shall submit to the City a Notice of
Restriction executed by the owner of the real property to be developed. Said notice is to be
filed in the office of the County Recorder, subject to the satisfaction of the City Planner,
notifying all interested parties and successors in interest that the City of Carlsbad has issued a
Conditional Use Permit by Resolution No. 7092 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 report, in writing, to the City Planner within 30 days, any address change from
that which is shown on the permit application, any change in the telecommunications provider,
or any transfer in ownership of the site.
PC RESO NO. 7092 -6-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
14. CUP 14-04 shall be reviewed by the City Planner annually to determine if all conditions of this
permit have been met and that the use does not have a substantial negative effect on
surrounding properties or the public health, safety and general welfare. If the City Planner
determines that: 1) the Conditional Use Permit was obtained by fraud or misrepresentation; or
2) the use for which such approval was granted is not being exercised; or 3) the Conditional Use
Permit is being or recently has been exercised contrary to any of the terms or conditions of
approval or the conditions of approval have not been met; or 4) the use for which such approval
was granted has ceased to exist or has been suspended for one year or more; or 5) the use is in
violation of any statute, ordinance, law or regulation; or 6) the use permitted by the Conditional
Use Permit is being or has been so exercised as to be detrimental to the public health, safety or
welfare or so as to constitute a nuisance, the City Planner shall recommend that the Planning
Commission hold a public hearing and after providing the permittee the opportunity to be
heard, the Planning Commission may revoke and terminate the Conditional Use Permit in whole
or in part, reaffirm the Conditional Use Permit, modify the conditions or impose new
conditions.
15. This Conditional Use Permit is granted for a period of ten (10) years from April 1, 2015 through
March 30, 2025. 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 Planning Commission
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 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 Planning Commission may grant.
16. Dehesa Charter School is approved for a maximum enrollment of 220 students and 18
employees/teachers. A minimum of 32 parking stalls shall be dedicated for the use of the
school, including 6 parking stalls in the underground parking garage. All parking shall comply
with the Revised Parking Management Plan dated October, 2014.
17. Dehesa Charter School shall comply with the following recommendations of the Pick-
Up/Drop-Off Assessment prepared by Linscott, Law & Greenspan (February 24, 2015):
a. Pick-up and drop-off operations shall be strictly monitored and enforced to ensure
that vehicular circulation or parking on Embarcadero Lane is not impeded. Parents
who arrive early shall be instructed to return during the designated pick-up time
assigned for their child’s classroom, as needed. In addition, monitors shall ensure
than loading vehicles do not block residential parking spaces or the adjacent
driveway, south of the school (i.e., midway through Embarcadero Lane.) Should issues
arise, such as congestion or inefficient loading, the Applicant shall further stagger the
start or dismissal times above what is currently proposed and/or provide additional
flexibility, to the satisfaction of the City Planner and Traffic Engineer;
b. The staggered start/dismissal times and flexible pick-up and drop-off times shall be
implemented as follows:
PC RESO NO. 7092 -7-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
TYPICAL WEEKLY SCHEDULE FOR MY ELEMENT MONTESSORI
(AGES 3-5, 24 STUDENTS/CLASSROOM, TOTAL OF 72 STUDENTS)
CLASSROOM 1(A)
Half Day Program
CLASSROOM 1(B)
Half Day Program CLASSROOM 2
CLASSROOM 3
Extended Day
Program
Drop-Off 8:00 - 8:15 am 1:00 - 1:15 pm 7:45 - 8:30 am 7:15 - 8:45 am
Pick-Up 11:15 - 11:30 am 4:15 - 4:30 pm 2:45 - 3:00 pm 4:30 - 6:00 pm
TYPICAL WEEKLY SCHEDULE FOR COMMUNITY MONTESSORI
(AGES 5-12, 32 STUDENTS/CLASSROOM, TOTAL OF 96 STUDENTS)
CLASSROOM 1 CLASSROOM 2
CLASSROOM 3
Extended Day
Program
Drop-Off 8:30 - 8:45 am 8:45 - 9:00 am 7:30 - 9:00 am
Pick-Up 3:00 - 3:15 pm 3:15 - 3:30 pm 4:30 - 6:00 pm
c. The loading circulation plan (i.e., access Embarcadero Lane from the south and depart
from the north) shall be enforced to prevent loading vehicles from utilizing parking on
the west side of Embarcadero Lane and to prevent children and students from
crossing Embarcadero Lane; and
d. The use of public transit by the appropriate age groups should be encouraged,
whenever possible.
18. 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 as shown on the approved Final
Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash,
and debris.
19. The Final Landscape and Irrigation Plans shall be approved prior to occupancy clearance. 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. All improvements shown on the Final Landscape and
Irrigation Plans shall be installed prior to occupancy.
20. 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.
21. 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.
PC RESO NO. 7092 -8-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
22. If exterior night lighting is incorporated into the playground area, the Developer shall submit
and obtain City Planner approval of an exterior lighting plan. All lighting shall be designed to
reflect downward and avoid any impacts on adjacent homes or property.
23. A status report shall be prepared and presented to the Planning Commission at a public
hearing two years from project approval. The Planning Commission will consider at the public
hearing when or if additional status reports shall occur.
24. The normal business hours of school activity shall be 7:00 a.m. to 6:00 p.m. Monday – Friday.
Special events that are normally associated with schools such as workshops, parents’ night,
fund raisers, etc., are allowed outside of normal business hours as long as these events do not
create any significant negative impacts to surrounding properties. The use of the school for
special events shall be limited to the developer/operator.
25. Loud outdoor school bells or whistles which are disruptive to surrounding properties shall not
be allowed.
26. Music classes shall not be allowed unless sufficient sound attenuation measures are provided
within the building to ensure that residents directly above are not impacted by noise.
27. The outdoor play area shall not be subleased or rented to any other groups or entities.
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 permit.
General
28. 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.
29. 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.
30. Owners of the school shall manage traffic flows so as to prevent vehicles from queuing onto
Avenida Encinas during drop-off and pick-up of students. If at any time the City Planner or
Traffic Engineer determines that traffic generated by the school is impacting the public safety,
health and welfare, the owner, upon notification and direction from the City Planner or Traffic
Engineer, shall implement the necessary modifications to traffic operations.
Stormwater
31. Developer shall comply with the city's Stormwater Regulations, latest version, and shall
implement best management practices at all times. Best management practices include but are
not limited to pollution control practices or devices, erosion control to prevent silt runoff during
construction, general housekeeping practices, pollution prevention and educational practices,
PC RESO NO. 7092 -9-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
maintenance procedures, and other management practices or devices to prevent or reduce the
discharge of pollutants to stormwater, receiving water or stormwater conveyance system to
the maximum extent practicable. Developer shall notify prospective owners and tenants of the
above requirements.
32. Developer shall incorporate measures with this project to comply with Standard Stormwater
Requirements per the city’s Standard Urban Stormwater Management Plan (SUSMP). These
measures include, but are not limited to: 1) reducing the use of new impervious surfaces (e.g.:
paving), 2) designing drainage from impervious surfaces to discharge over pervious areas (e.g.:
turf, landscape areas), 3) and designing trash enclosures to avoid contact with storm runoff, all
to the satisfaction of the city engineer.
Dedications/Improvements
33. Subject to the Engineering Manager’s approval, Developer shall determine if the existing one-
inch diameter potable water service fronting the school is adequately sized to meet the
school’s flow and volume demand. Developer shall also determine, subject to the Engineering
Manager’s approval, the appropriate water meter size. Developer shall apply for and obtain a
right-of-way permit prior to performing work in the city’s general utility and access easement.
Utilities
34. Developer shall meet with the fire marshal to determine if fire protection measures (fire flows,
fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if
proposed, shall be considered public improvements and shall be served by public water mains
to the satisfaction of the district engineer.
35. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for
connection to public facilities.
Code Reminders:
36. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section
13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and
floor area contained in the staff report and shown on the site plan are for planning purposes
only.
37. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by
Council Policy No. 17.
38. Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management
fee for Zone 22 as required by Carlsbad Municipal Code Section 21.90.050.
39. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050
of the Carlsbad Municipal Code.
40. Approval of this request shall not excuse compliance with all applicable sections of the Zoning
Ordinance and all other applicable City ordinances in effect at time of building permit issuance,
except as otherwise specifically provided herein.
PC RESO NO. 7092 -10-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
41. The project shall comply with the latest nonresidential disabled access requirements pursuant
to Title 24 of the California Building Code.
42. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 18.04.320.
43. 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 TO APPLICANT
An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad Village
Drive, Carlsbad, California, 92008, within ten (10) calendar days of the date of the Planning
Commission’s decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section 21.54.150, the
appeal must be in writing and state the reason(s) for the appeal. The City Council must make a
determination on the appeal prior to any judicial review.
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.
. . .
. . .
. . .
. . .
. . .
. . .
. . .