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HomeMy WebLinkAbout2022-06-15; Planning Commission; Resolution 7454PLANNING COMMISSION RESOLUTION NO. 7454 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT, COASTAL DEVELOPMENT PERMIT, HILLSIDE DEVELOPMENT PERMIT, AND HABITAT MANAGEMENT PLAN PERMIT FOR A VETERANS MEMORIAL PARK ON PROPERTY GENERALLY LOCATED ON FARADAY AVENUE SOUTH OF WHITMAN WAY WITHIN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND IN LOCAL FACILITIES MANAGEMENT ZONE8. CASE NAME: CASE NO.: VETERANS MEMORIAL PARK CIP 4609 CUP 2021-0014, CDP 2021-0052, HOP 2021-0003, HMP 2021-0006 EXHIBIT 2 WHEREAS, the City of Carlsbad, "Developer," has filed a verified application with the City of Carlsbad regarding property owned by the City, described as Assessors Parcel Number 212-271-03-00 ("the Property"); and WHEREAS, a Mitigated Negative Declaration was prepared in conjunction with said project, reviewed and adopted consistent with the findings in Planning Commission Resolution 7453; and WHEREAS, said verified application constitutes a request for a Conditional Use Permit, Coastal Development Permit, Hillside Development Permit, and Habitat Management Plan Permit as shown on Exhibit(s) A -XX dated June 15, 2022, on file in the Planning Division, Veterans Memorial Park, CUP 2021-0014, CDP 2021-0052, HDP 2021-0003, HMP 2021-0006, as provided by Chapter 21.42, 21.95, 21.203, 21.210, and 21.90 of the Carlsbad Municipal Code; and WHEREAS, the City of Carlsbad has received authorization to issue permits to impact various sensitive species and habitats, including species listed as Threatened or Endangered, by virtue of Incidental Take Permit No. TE022606-0 from the U.S. Fish and Wildlife Service and Natural Community Conservation Planning Permit No. 2835-2004-001-05; and WHEREAS, the authority stated above is based on a plan titled Habitat Management Plan for Natural Communities in the City of Carlsbad, Final Approval November 9, 2004, referred to as the HMP, and approval of all projects is contingent on a finding of consistency with the HMP; and WHEREAS, said verified application by Developer constitutes a request for a Habitat Management Plan Permit pursuant to the city's authority as contained in Chapter 21.210 of the Zoning Ordinance, on file in the Planning Division; and WHEREAS, the Planning Commission agrees and affirms the findings included in the staff report that are consistent with Chapter 21.210.080 of the Zoning Ordinance that this project constitutes a Minor Amendment to the Habitat Management Plan through the addition of approximately 9.5 net acres of equivalent or better habitat into the Open Space Areas and included in the concurrence from the United States Department of Fish and Wildlife letter dated April 27, 2022. WHEREAS, the Planning Commission did, on June 15, 2022, hold a duly noticed public hearing as prescribed by law to consider said request; 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 Coastal Development Permit. WHEREAS, the Planning Commission reviewed all aspects comprising the project described in the June 15, 2022 Planning Commission staff report, and concurrently with the consideration of Planning Commission Resolution No. 7454, the Planning Commission reviewed and considered Planning Commission Resolution No. 7453. The actions contemplated by this resolution would allow the city to implement the project and proceed forward with the physical development of the property. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad, as follows: A) That the above recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission APPROVES Veterans Memorial Park, CUP 2021-0014, CDP 2021-0052, HOP 2021-0003, HMP 2021- 0006, based on the following findings and subject to the following conditions: Findings: California Environmental Quality Act (CEQA) 1. The Planning Commission of the City of Carlsbad does hereby find: PC RESO NO. 7454 -2- a. it has reviewed, analyzed, and considered the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for Veterans Memorial Park -CUP 2021- 0014, CDP 2021-0052, HDP 2021-0003, HMP 2021-0006, the environmental impacts therein identified for this project and any comments thereon prior to APPROVING the project; and b. the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program has been prepared in accordance with requirements of the California Environmental Quality Act, the State Guidelines, and the Environmental Protection Procedures of the City of Carlsbad; and c. it reflects the independent judgment of the Planning Commission of the City of Carlsbad; and d. based on the EIA and comments thereon, there is no substantial evidence the project will have a significant effect on the environment. Conditional Use Permit, CUP 2021-0014 2. 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, including, if applicable, the certified local coastal program, specific plan or master plan, in that the project was developed consistent with the local coastal program and general plan for the city, that has long anticipated the project be developed consistent with the proposed Master Park Site Plan Exhibit A that provides for a mix of improved recreation amenities and avoided open space. 3. 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 project avoids or mitigates all impacts to a level of less than significant, as outlined in the Mitigated Negative Declaration and Initial Study. The proposed park is allowed in the Open Space zone through application and conditions contained within the Conditional Use Permit and other permit findings. 4. 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 that the size of this park allows the uses to be self contained and avoid impacts to the neighborhoods to the west and the north. Faraday Avenue runs continuously along the property to the south and the project is surrounded by open space to the south and east. The parking study evaluated and determined that the on-and off-street parking supply is adequate for the proposed uses contained on the site. 5. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the Mitigated Negative Declaration conducted a study of Vehicle Miles Travelled and determined that impacts to Transportation were less than significant under CEQA. A Transportation Impact Study was completed consistent with the requirements and showed consistency with the city's Growth Management Plan for the site access and traffic from the two entrance points onto Faraday Avenue. PC RESO NO. 7454 -3 - Coastal Development Permit, CDP 2021-0052 6. That the proposed development is in conformance with the Certified Local Coastal Program and all applicable policies in that it complies with the following policies in the Mello II segment of the Local Coastal Program: a. Policy 3-1: Environmentally Sensitive Habitat Areas {ESHAs): the project is consistent with the Carlsbad HMP through issuance of an HMP Permit and avoids and mitigates all impacts. Buffers are incorporated consistent with Policy 3-1.12 of the LCP. b. Policy 3-4: Grading and Landscaping Requirements, stormwater BMPs are included in the project design, minimizing impacts to water quality and to avoid ESHAs on the project site. c. Policy 3-7: City Owned Lands Adjacent to Macario Canyon and Veterans Memorial Park, project fully mitigates impacts, minimizes grading to the extent necessary to comply with policies to provide public recreation uses on the "Veterans Memorial Park Development Area" and through the Habitat Management Plan Permit proposes hardline revisions that result in net increase of 9.5 acres of additional habitat. d. Policy 4: Geologic, Floodplain, and Shoreline Hazard Areas. Project is consistent and completed studies to determine no impacts due to grading project impacts to sensitive habitat is limited to 1.05 acres, less than 10 percent of the 50.44 acres of sensitive habitat on the site allowed in Policy 4-3 (b). Site design, construction best practices, and the projects Stormwater plan are incorporated in the project design to show consistency under Policy 4- 5 (e) to avoid soil erosion or sediment impacts. 7. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that the project will not impede any public access to waterways, ocean front land, or water-oriented activities; furthermore it will improve parking and public access to this property within the Coastal Zone that offers sufficient on-and off-street parking for passive and active recreation activities within the "Veterans Memorial Park Development Area" as allowed under the city's Local Coastal Program. 8. The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone {Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the city's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, BMP Design Manual and Jurisdictional Runoff Management Program {JRMP) to avoid increased urban runoff, pollutants, and soil erosion. The Project will impact less than 10 percent of lands that are greater than twenty-five percent slope and have endangered species or sensitive habitat. Pursuant to LCP Policy 4-3 and CMC 21.203.040 (A) (1) (d) the encroachment into these areas is allowed pursuant to the issuance of the Hillside Development Permit and Habitat Management Plan Permit. Hillside Development Permit, HMP 2021-0006 9. That hillside conditions have been properly identified on the constraints map which show existing and proposed conditions and slope percentages. 10. That undevelopable areas of the project, i.e., slopes over 40%, have been properly identified on the constraints map. PC RESO NO. 7454 -4- 11. That the development proposal is consistent with the intent, purpose, and requirements of the Hillside Ordinance, Chapter 21.95, in that the Project has been designed to maintain much of the natural hillside character of the site by minimizing the amount of Project grading, by incorporating contour grading into manufactured slopes, and by avoiding nearly all on-site sensitive habitat and steep slope areas. Several areas require retaining walls that exceed 6' vertical height; however, the retaining walls are necessary to construct city-wide multi-use trails, to minimize impacts to the surrounding habitat areas, and to stay within acceptable grading volumes. 12. That the proposed development or grading will not occur in the undevelopable portions of the site pursuant to provisions of Section 21.53.230 of the Carlsbad Municipal Code, in that these sites will be preserved as HMP hardline preserve consistent with the allowances of the Conditional Use Permit, Coastal Development Permit, and Habitat Management Plan Permit. 13. That the project design substantially conforms to the intent of the concepts illustrated in the Hillside Development Guidelines Manual, in that the project preserves and/or enhance the aesthetic qualities of natural hillsides to the extent feasible and the manufactured slopes incorporates contour grading. The proposed design minimizes the amount of project grading through construction of the retaining walls. 14. That the proposed modification will result in significantly more open space or undisturbed area than would a strict adherence to the requirements of the ordinance, in that the project impacts 0.11 acres that are both steep slope and sensitive habitats. Project design minimizes impacts to habitat and grading, and results in a net increase of 9.505 acres of equal or better quality habitat into the adjacent open space network. Habitat Management Plan Permit, HOP 2021-0003 15. That authorization to impact sensitive habitats through the removal of 0.94 acres of Coastal Sage Scrub, 0.01 acres of Southern maritime chaparral, 0.1 acres of Riparian Scrub, and 35.29 acres of non-native grassland is subject to continuous compliance with all provisions of the Habitat Management Plan for Natural Communities in the City of Carlsbad (HMP), the Citywide Incidental Take Permit issued for the HMP, the Implementing Agreement, the Terms and Conditions of the Incidental Take Permit, and the Biological Opinion. 16. That authorization to impact sensitive habitats is subject to continuous compliance with all mitigation measures as stated in the Mitigation Monitoring and Reporting Program and is subject to all conditions contained in Planning Commission Resolutions No. 7453 for those other approvals, including but not limited to recordation of conservation easements over all conserved areas and management and monitoring in perpetuity by a qualified conservation entity. 17. That authorization to impact sensitive habitats is subject to continuous compliance with the provisions of Volumes I, II and Ill of the Multiple Habitat Conservation Program and the Final Environmental Impact Statement/Environmental Impact Report for Threatened and Endangered Species Due to Urban Growth within the Multiple Habitat Conservation Program Planning Area {SCH No. 93121073). 18. That all impacts to habitat and all take of species will be incidental to otherwise lawful activities related to construction and operation of the Veterans Memorial Park project. PC RESO NO. 7454 -5- 19. That the project design as approved by the City of Carlsbad has avoided and minimized impacts to wildlife habitat and species of concern to the maximum extent practicable. Specifically, the site has been designed to concentrate most impacts to reduce impacts to sensitive habitat areas and steep slopes, that the development maximizes use of habitats that are not sensitive, and the major amendment results in a net gain of 9.505 acres of equivalent or better habitat areas. 20. The project design and modification to the hardline preserve that results in a net gain of 9.505 acres of equivalent or better habitat is consistent with the requirements of Chapter 21.210.080 (A), and that through the process and letter received from the United States Fish and Wildlife Service. 21. General 22. 23. 24. The Planning Commission hereby finds that all development in Carlsbad benefits from the Habitat Management Plan, which is a comprehensive conservation plan and implementation program that will facilitate the preservation of biological diversity and provide for effective protection and conservation of wildlife and plant species while continuing to allow compatible development in accordance with Carlsbad's Growth Management Plan. Preservation of wildlife habitats and sensitive species is required by the Open Space and Conservation Element of the city's General Plan which provides for the realization of the social, economic, aesthetic and environmental benefits from the preservation of open space within an increasingly urban environment. Moreover, each new development will contribute to the need for additional regional infrastructure that, in turn, will adversely impact species and habitats. The In-Lieu Mitigation Fee imposed on all new development within the city is essential to fund implementation of the city's Habitat Management Plan. All necessary public facilities can be provided concurrent with need, and adequate provisions have been provided to implement those portions of the capital improvement program applicable to the subject property. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 8 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, the proposed project will provide parks to meet the standard with the 93.7 acres divided equally to all four quadrants, will result in a net gain of open space in the city's Habitat Management Plan, and does not impact any of the other nine standards. The park has been long anticipated in the city's General Plan and a park at this location was anticipated in the 1988 Local Facilities Management Plan for Zone 8. The project is consistent with the adopted Airport Land Use Compatibility Plan for the McClellan- Palomar Airport (ALUCP), dated December 1, 2011, in that the project is in Zone 6 and both group and non-group recreation uses are allowed in Zone 6. 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 a portion of the project site is within the 60-65 decibel noise contours; community parks are compatible with this noise contour area. PC RESO NO. 7454 -6- 25. That the project is consistent with the city's Landscape Manual and Water Efficient Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50). 26. 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 a building permit or grading permits, whichever occurs first. 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, Coastal Development Permit, Hillside Development Permit, and Habitat Management Plan Permit. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Conditional Use Permit, Coastal Development Permit, Hillside Development Permit, and Habitat Management Plan 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. Prior to submittal of the building plans, improvement plans, grading plans, or final map, whichever occurs first, developer shall submit to the City Planner, a 24" x 36" copy of the (Tentative Map/Site Plan or other), conceptual grading plan and preliminary utility plan reflecting the conditions approved by the final decision making body. The copy shall be submitted to the City Planner, reviewed and, if found acceptable, signed by the city's project planner and project engineer. If no changes were required, the approved exhibits shall fulfill this condition. 6. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 8 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. PC RESO NO. 7454 -7- 7. This approval is granted subject to all conditions contained in Planning Commission Resolutions No. 7454 for those other approvals incorporated herein by reference. 8. 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. 9. 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. 10. CUP 2021-0014 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. 11. This Conditional Use Permit is granted without an expiration date. 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. 12. Prior to submittal of the building plans, improvement plans, grading plans, or final map, whichever occurs first, developer shall submit to the City Planner, a 24" x 36" copy of the conceptual grading plan and preliminary utility plan reflecting the conditions approved by the final decision-making body. The copy shall be submitted to the City Planner, reviewed and, if found acceptable, signed by the city's project planner and project engineer. If no changes were required, the approved exhibits shall fulfill this condition. 13. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 8 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 14. Prior to the issuance of any permits for the project, the applicant shall submit to the City Planner a digital copy of the biology report exhibits in Autocad DWG or ESRI-Shape-File Format registered to CCS zone 6 NAO 83. The City Planner has the discretion to waive this condition based on factors such as the scope of the study and the format in which the exhibits were prepared. 15. 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 PC RESO NO. 7454 -8- costs and attorney's fees incurred by the city arising, directly or indirectly, from (a) city's approval and issuance of this Habitat Management Plan Permit, (b) city's approval or issuance of any permit or action, whether discretionary or non-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. 16. As a condition of this approval, applicant must comply with the requirements of all regulatory agencies having jurisdiction over the project and any mitigation requirements of the environmental documents for the project. Pursuant to Government Code section 65871 and Carlsbad Municipal Code Title 20, Chapter 20.04, section 20.04.140 applicant shall grant a conservation easement for the conservation, protection, and management of fish, wildlife, native plants and the habitat necessary for biologically sustainable populations of certain species thereof, in accordance with the city's adopted Habitat Management Plan. 17. Prior to issuance of a grading permit or clearing of any habitat, whichever occurs first, the Developer shall take all of the following actions to the satisfaction of the City Planner in relation to the open space lot(s) which are being conserved for natural habitat in conformance with the City's Habitat Management Plan: a. Select a conservation entity, subject to approval by the City, that possesses qualifications to manage the open space lot(s) for conservation purposes. b. Prepare a Property Analysis Record (PAR) or other method acceptable to the City for estimating the costs of management and monitoring of the open space lot(s) in perpetuity in accordance with the requirements of the North County Multiple Habitats Conservation Plan and the City's Open Space Management Plan. c. Based on the results of the PAR, provide a non-wasting endowment or other financial mechanism acceptable to the City Planner and conservation entity, if any, in an amount sufficient for management and monitoring of the open space lot(s) in perpetuity. d. Record a Conservation Easement over the open s_pace lot(s). e. Prepare, and obtain approval of the City Planner, CDFW, USFWS and Coastal Commission staff for, a Preserve Management Plan which will ensure adequate management of the open space lot(s) in perpetuity. 18. This project has been found to result in impacts to wildlife habitat or other lands, such as agricultural land, non-native grassland, and disturbed lands, which provide some benefits to wildlife, as documented in the city's Habitat Management Plan and the environmental analysis for this project. Developer is aware that the city has adopted an In-lieu Mitigation Fee consistent with Section E.6 of the Habitat Management Plan and City Council Resolution No. 2000-223 to fund mitigation for impacts to certain categories of vegetation and animal species. The Developer is further aware that the city has determined that all projects will be required to pay the fee in order to be found consistent with the Habitat Management Plan and the Open Space and Conservation Element of the General Plan. Developer or Developer's successor(s) in interest shall pay the fee prior to recordat_ion of a final map, or issuance of a grading permit or building permit, whichever occurs first. If the In-lieu Mitigation Fee for this project is not paid, this project will not be consistent with the Habitat Management Plan and the General Plan and any and all approvals for this project shall become null and void. PC RESO NO. 7454 -9- 19. Developer shall make a separate formal landscape construction drawing plan check submittal to the Planning Division and obtain City Planner approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the city's Landscape Manual. Developer shall construct and install all landscaping and irrigation as shown on the approved Final Plans. 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. 20. 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. 21. 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. 22. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot-high masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal Code Chapter 21.105. Location of said receptacles shall be approved by the City Planner. Enclosure shall be of similar colors and/or materials to the project to the satisfaction of the City Planner. 23. Developer shall submit and obtain City Planner approval of an exterior lighting plan including parking areas. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. Standard Code Reminders: 1. Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 2. 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. 3. The project shall comply with the latest nonresidential disabled access requirements pursuant to Title 24 of the California Building Code. 4. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 17.04.060. Prior to submittal for a building permit, Developer shall submit a request for addressing to the Building Division. 5. 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. PC RESO NO. 7454 -10- NOTICE 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 The project site is within the appealable area of the California Coastal Commission. This Coastal Development Permit (CDP) shall not become effective until ten (10) working days have elapsed, without a valid appeal being filed with the Coastal Commission, following the Coastal Commission's receipt of the city's notice of the CDP issuance ("Notice of Final Action"). The filing of a valid appeal with the Coastal Commission within such time limit shall stay the effective date of this CDP until such time as a final decision on the appeal is reached by the Coastal Commission. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on June 15, 2022, by the following vote, to wit: AYES: Commissioners Lafferty, Luna, Kamenjarin, Meenes, Merz, Sabellico, and Stine NOES: ABSENT: ABSTAIN: JOSEPH STINE, Chair CARLSBAD PLANNING COMMISSION ATTEST: DON NEU City Planner PC RESO NO. 7454 -11-