HomeMy WebLinkAbout2016-09-27; City Council; Resolution 2016-201RESOLUTION NO. 2016-201
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALl FORN lA, APPROVING A CONDITIONAL USE PERM IT TO ALLOW FOR A 16
LANE INDOOR SHOOTING RANGE AND A 1,680 SQUARE FOOT RETAIL GUN
STORE WITHIN A 13,932 SQUARE FOOT STAND-ALONE BUILDING ON
PROPERTY LOCATED AT 2717 LOKER AVENUE WEST WITHIN THE CARLSBAD
AIRPORT BUSINESS CENTER SPECIFIC PLAN AND LOCAL FACILITIES
MANAGEMENT ZONE 5.
CASE NAME: GUNTHER GUNS SHOOTING RANGE
CASE NO.: CUP 15-09
EXHIBIT 1
WHEREAS, the City Council of the City of Carlsbad, California has determined that pursuant to
the provisions of the Municipal Code, the Planning Commission did, on August 17, 2016, hold a duly
noticed public hearing as prescribed by law to consider Conditional Use Permit No. CUP 15-09, as
referenced in Planning Commission Resolution No. 7190; and the Planning Commission adopted
Planning Commission Resolution No. 7190 recommending to the City Council that it be approved; and
WHEREAS, the City Council of the City of Carlsbad, held a duly noticed public hearing to consider
said Conditional Use Permit; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if
any, of all persons desiring to be heard, the City Council considered all factors relating to the
Conditional Use Permit.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1. That the above recitations are true and correct.
2. That the recommendation of the Planning Commission for the approval of Conditional
Use Permit No. CUP 15-09, is approved, and that the findings and conditions of the Planning
Commission contained in Planning Commission Resolution No. 7190 on file with the City Clerk and
incorporated herein by reference, are the findings and conditions of the City Council.
3. This action is final the date this resolution is adopted by the City Council. The Provisions
of Chapter 1.16 ofthe Carlsbad Municipal Code, "Time Limits for Judicial Review" shall apply:
EXHIBIT 1
"NOTICE TO APPLICANT"
The time within which judicial review of this decision must be sought is governed by Code of Civil
Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad
Municipal Code Chapter 1.16. Any petition or other paper seeking review must be filed in the
appropriate court not later than the ninetieth day following the date on which this decision becomes
final; however, if within ten days after the decision becomes final a request for the record is filed with
a deposit in an amount sufficient to cover the estimated cost or preparation of such record, the time
within which such petition may be filed in court is extended to not later than the thirtieth day following
the date on which the record is either personally delivered or mailed to the party, or his attorney of
record, if he has one. A written request for the preparation of the record of the proceedings shall be
filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA, 92008.
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EXHIBIT 1
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 27th day of September, 2016, by the following vote, to wit:
AYES: Hall, Wood, Schumacher, Blackburn, Packard.
NOES: None.
ABSENT: None.
MATI HALL, Mayor
(SEAL)
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PLANNING COMMISSION RESOLUTION NO. 7190
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A
CONDITIONAL USE PERMIT TO ALLOW FOR A 16 LANE INDOOR
SHOOTING RANGE AND A 1,680 SQUARE FOOT RETAIL GUN STORE
WITHIN A 13,932 SQUARE FOOT STAND-ALONE BUILDING ON PROPERTY
LOCATED AT 2717 LOKER AVENUE WEST WITHIN THE CARLSBAD AIRPORT
BUSINESS CENTER SPECIFIC PLAN AND LOCAL FACILITIES MANAGEMENT
ZONE 5.
CASE NAME: GUNTHER GUNS SHOOTING RANGE
CASE NO.: CUP 15-09
WHEREAS, Gunther's LLC, "Owner/Developer," has filed a verified application with the
City of Carlsbad regarding property described as
Lot 2 of Carlsbad Tract No. 03-12 in the City of Carlsbad, County of San
Diego, State of California, According to Parcel Map Thereof No. 19517,
Filed in the Office of the County Recorder of San Diego County, June 30,
2004
("the Property"); and
WHEREAS, said verified application constitutes a request for a Conditional Use Permit as
shown on Exhibit(s) "A"-"G" dated August 17, 2016, on file in the Planning Division, GUNTHER GUNS
SHOOTING RANGE-CUP 15-09, as provided by Chapter 21.42 and/or 21.50 of the Carlsbad Municipal
Code; and
WHEREAS, the Planning Commission did, on August 17, 2016, 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.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of
Carlsbad as follows:
A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of GUNTHER GUNS SHOOTING RANGE-CUP 15-09, based on
the following findings and subject to the following conditions:
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Findings:
(Note: These findings are not applicable to 1st Amendment uses; see Section 21.42.030.B)
1.
2.
That the requested use is necessary or desirable for the development ofthe community, and is in
harmony with the various elements and objectives of the general plan, including the Carlsbad
Airport Business Center Specific Plan (SP 200(B)), in that on January 12, 2016, after hearing
requests from the community to support allowances for indoor shooting range uses, the City
Council adopted Ordinance No. CS-290 approving a Municipal Code Amendment MCA 15-03 and
Zoning Ordinance Amendment ZCA 15-03, finding that Indoor Shooting Ranges should be
allowed as conditionally permitted uses on the Planned Industrial (P-M) Zone, subject to
additional operational standards; and as part of a CUP for an indoor shooting range, that the
retail sale and rental of firearms, storage of ammunition, and the sale of accessories onsite can
also be permitted. The 16 lane indoor shooting range and 1,680 square foot retail gun store
uses are proposed within an existing 13,932 square foot stand-alone building located within the
Carlsbad Airport Business Center Specific Plan (SP 200(B)). SP 200(B) identifies Planned
Industrial for both the General Plan land Use and Zoning designations for all properties within
the Specific Plan boundaries. For permitted and conditionally permitted uses, the Specific Plan
defers to the underlying Planned Industrial (P-M) Zone. The site has a General Plan land Use
designation of Planned Industrial (PI) with an implementing zoning designation of Planned
Industrial (P-M). An indoor shooting range with retail uses is a conditionally permitted use in
the P-M zone, and therefore, the proposed uses are consistent with the General Plan land Use
designation. Also, the proposed uses are in harmony with the various elements of the General
Plan in that their location within Safety Zone 2 of the McClellan-Palomar Airport land Use Plan
have been determined to be conditionally compatible with airport uses because the people per
acre (55) is less than the allowed people per acre (70).
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 a Safety and Management Plan outlining
the standard operating procedures for safety and conformance with environmental laws is
included and made part of this CUP; the Safety and Management Plan has been reviewed by
the city's Police Department, Public Works Department and Planning Division for conformance
with all general requirements; all operational standards necessary to fit the proposed 16 lane
indoor shooting range and 1,680 square foot retail gun store uses have been met; the existing
site has been designed to accommodate all required parking on-site and provides for adequate
traffic circulation; the proposed indoor shooting range is properly located outside of the
minimum 600-foot distance of separation from a school (public or private), public park, day-
care facility, residential use, residential land use designation, and residential zoning district; the
resultant peak noise level on the exterior building fa!;ade at the building property line is
expected to range from 57.5 dBA to 59.(]1 dBA, which is below the maximum peak event
threshold (65 dB); and the neighboring buildings existing construction and distance of
separation (16 feet or greater) will provide a much greater noise reduction than the minimum
14 dBA noise reduction that is necessary to achieve an interior noise standard of 45 dB at the
neighboring buildings.
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
that the 161ane indoor shooting range and 1,680 square foot retail gun store use will occupy an
existing 13,932 square foot stand-alone building with existing onsite landscaping and parking
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and requires no site alterations or additional amenities. The combined indoor shooting range
(24 parking spaces) and retail gun store (6 parking spaces) requires 30 parking spaces. The
subject property is allocated 30 parking spaces within an existing field of 220 common parking
spaces made part of the Promontory !Business Park and therefore meets all parking
requirements. Additionally, the resultant peak noise level on the exterior building fa~ade at
the building property line is expected to range from 57.5 dBA to 59.0 dBA, which is below the
maximum peak event threshold (65 dB); and the neighboring buildings existing construction
and distance of separation (16 feet or greater) will provide a much greater noise reduction than
the minimum 14 dBA noise reduction that is necessary to achieve an interior noise standard of
45 dB at the neighboring buildings. And lastly, the Promontory Business Park common property
where the indoor shooting range use is being proposed, is properly located well outside of the
minimum GOO-foot distance of separation from a school (public or private), public park, day-
care facility, residential use, residential land use designation, and residential zoning district.
That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the 16 lane indoor shooting range and 1,680 square foot
retail gun store uses are provided access from Loker Avenue West, an Industrial Street segment,
which is accessed from Palomar Airport Road and El Fuerte Street and is currently operating at
an acceptable level of service. The 371 average daily trips associated with the proposed uses
can be accommodated by the existing street system with no further improvements required.
The Planning Commission finds that the project, as conditioned herein, is in conformance with
the Elements of the City's General Plan, based on the facts set forth in the staff report dated
August 17, 2016 including, but not limited to the following:
a. Land Use & Community Design Policy 2-P.37 -Require new development located in the
Airport Influence Area (AlA) to comply with the applicable land use compatibility provisions
of the McClellan Palomar Airport Land Use Compatibility Plan (ALUCP) through review and
approval of a site development plan or other development permit. Unless otherwise
approved by City Council, development proposals must be consistent or conditionally-
consistent with applicable land use compatibility policies with respect to noise, safety,
airspace protection, and overflight notification, as contained in the ALUCP -The proposed
project falls within the boundaries of the McClellan-Palomar Airport Land Use Compatibility
Plan (ALUCP); more specifically, the project site for the proposed use is contained within
Safety Zone 2. The Airport Land Use Commission (ALUC} determined indoor shooting ranges
within Safety Zone 2 to be "conditionally compatible" with airport uses provided that the
people per acre is limited to 70 people. The proposed use complies with the safety criteria
of usage intensity of the ALUCP since the calculated people per acre (55} is less than the
allowed people per acre (70). Although this project is within the Airport Overflight
Notification Area and Avigation Easement Area, an overflight notification is not required
due to non-residential development, and furthermore, recordation of an Avigation
Easement is not required because none of the thresholds listed under Section 2.11.5.a.1-4
are occurring.
b. Land Use & Community Design Policy 5-P.12-Use the noise policies in the McClellan-Palomar
Airport Land Use Compatibility Plan (ALUCP) to determine acceptability of a land use within
the airport's influence area (AlA) as depicted in the ALUCP-Noise compatibility is evaluated
pursuant to the policies and noise contours as set forth in the ALUCP, Section 3.3 Noise
Compatibility Policies for McClellan-Palomar Airport. The proposed building is located
within a 60-65 dB CNEL Noise Exposure Range pursuant to Exhibit 111-1 of the ALUCP. The
land use category for this site, for purposes of determining noise impacts, includes "retail
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sales." For the indoor shooting range use, the land use category most closely related is
"industrial and manufacturing." Where the project site is exposed to 60-65 dB CNEL, the
proposed land uses are considered compatible with no special noise mitigation required.
c. Sustainability Policy 9-P.1-Enforce the Climate Action Plan as the city's strategy to reduce
greenhouse gas emissions-A Greenhouse Gas Emissions study prepared for the project by
LSA Associates, Inc. (April 21, 2016) determined that the estimated C02 equivalent
emissions associated with both construction and operational activities are projected to be
below the 900 metric ton screening threshold of the city's Climate Action Plan; and thus is
exempt from the provisions of the CAP.
d. Public Safety Policy 6-P.34-Enforce the Uniform Building and Fire codes, adopted by the City,
to provide fire protection standards for all existing and proposed structures-The project
requires building permit approval for tenant improvements. The building permit review
process requires submittal of construction drawings for review and compliance with the
Uniform Building and Fire codes.
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 -Existing Facilities, and Section 15332 -In-fill
Development Projects 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.
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 permit
issuance or occupancy, whichever occurs first.
1.
2.
If any of the following conditions fail to occur, or if they are, by their terms, to be implemented
and maintained over time, if any of such conditions fail to be so implemented and maintained
according to their terms, the City shall have the right to revoke or modify all approvals herein
granted; deny or further condition issuance of all future building permits; deny, revoke, or further
condition all certificates of occupancy issued under the authority of approvals herein granted;
record a notice of violation on the property title; institute and prosecute litigation to compel their
compliance with said conditions or seek damages for their violation. No vested rights are gained
by Developer or a successor in interest by the City's approval ofthis 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.
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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.
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
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.
This project shall comply with all conditions and mitigation measures which are required as part
of the Zone 5 Local Facilities Management Plan and any amendments made to that Plan prior to
the issuance of building permits.
This approval shall become null and void if building permits are not issued for this project or an
occupancy permit is not issued within 24 months from the date of project approval.
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
5, 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.
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. 7190 on the
property. Said Notice of Restriction shall note the property description, location of the file
containing complete project details and all conditions of approval as well as any conditions or
restrictions specified for inclusion in the Notice of Restriction. The City Planner has the authority
to execute and record an amendment to the notice which modifies or terminates said notice upon
a showing of good cause by the Developer or successor in interest.
10. CUP 15-09 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
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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.
This Conditional Use Permit is granted for a period often (10) years from August 17,2016 through
August 17,2026. 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 ten (10) 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.
No firearms classified as illegal under state or federal statute shall be allowed.
Firearm safety rules and regulations shall be prominently posted in a general area of the facility,
and available to all customers of the establishment. Prior to operations of the indoor shooting
range, the posting location of said rules and regulations shall be approved by the City Planner
and installed accordingly.
Tactical shooting is prohibited unless a building permit is approved to the satisfaction of the
Building Official that provides sufficient and substantial evidence that the indoor shooting range
is properly designed, constructed and equipped for the discharge of firearms within the facility;
and that the indoor shooting range is designed to safely contain bullets within the range portion
of the building as it relates specifically to tactical shooting.
This CUP precludes the use of a sit-down classroom type setting. Instruction provided in
conjunction with and within the firing lanes is permitted.
The hours of operation for the indoor shooting range shall be limited to Monday through
Sunday, 8:00A.M. to 10:00 P.M.
Illegal drugs or alcohol may not be consumed on the property, nor shall the sale of alcohol be
permitted on the property.
Prior to operations of the indoor shooting range, applicant shall provide to the City Planner's
satisfaction, receipt of issuance of a California EPA ID for hazardous waste disposal.
Prior to operations of the indoor shooting range, applicant shall provide to the City Planner's
satisfaction, receipt of issuance of a non-significant discharge permit from Encina Wastewater
Authority for filtration and discharge of range waste water to the sewer.
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Prior to operations of the indoor shooting range, applicant shall provide to the City Planner's
satisfaction, receipt of issuance of a Unified Program Facility Permit (UPFP) from the County of
San Diego, Department of Environmental Health, Hazardous Materials Division.
Exhaust air ventilated from inside the shooting range out of the building shall be filtered to
meet the California Environmental Protection Agency ambient air quality standards for lead.
Failure to adequately implement or maintain the Safety and Management Plan and any
provision of Ordinance #CS-290 shall be grounds for revocation of this Conditional Use Permit,
pursuant to section 21.42.120.
Any future revisions or modifications of the Safety and Management Plan must be approved by
the Carlsbad Chief of Police or designee, Public Works Director or designee and City Planner or
designee. Failure to obtain approval or otherwise disregard, edit, modify, revise or in any way
change the Safety and Management Plan on file is grounds for revocation of the Conditional
Use Permit pursuant to section 21.42.120.
Prior to the issuance of a Certificate of Occupancy Permit to operate the indoor shooting range,
the applicant shall provide an acoustical analysis certifying that the final construction design of
the indoor shooting range fully attenuates noise to the required standards listed in Section
21.42.140.B.137.d.17 of the Carlsbad Municipal Code. It is expected that a live fire exercise
occur inside the 20-yard 'and 25-yard shooting ranges, while at the same time noise levels are
monitored and recorded. The acoustical analysis shall measure all authorized ammunition
individually as listed in the Gunther Guns Shooting Range Standard Operating Procedures and
Safety Management Plan. No subsonic versions of standard ammunition or suppressors shall
be used during the acoustical analysis monitoring. Failure to achieve the noise standard
requirements shall result in a suspension of the Certificate of Occupancy Permit until such time
that the indoor shooting range has been fully designed and attenuated to meet the required
noise standards.
Prior to occupancy, a Certificate of Occupancy Permit for a change of use shall be issued per
Carlsbad Municipal Code Section 21.60.010.
Staff shall report back to the Planning Commission 24 months from the date of certificate of
occupancy regarding the status of shooting range operations and compliance with the
conditions of approval.
21 General
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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.
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.
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Storm Water Quality
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Developer shall comply with the city's Stormwater Regulations, latest version, and shall
implement best management practices at all times. Best management practices include but are
not limited to pollution control practices or devices, erosion control to prevent silt runoff during
construction, general housekeeping practices, pollution prevention and educational practices,
maintenance procedures, and other management practices or devices to prevent or reduce the
discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the
maximum extent practicable. Developer shall notify prospective owners and tenants of the above
requirements.
Developer shall complete and submit to the city engineer a Determination of Project's SWPPP Tier
Level and Construction Threat Level Form pursuant to City Engineering Standards. Developer shall
also submit the appropriate Tier level Storm Water Compliance form and appropriate Tier level
Storm Water Pollution Prevention Plan (SWPPP) to the satisfaction of the city engineer. Developer
shall pay all applicable SWPPP plan review and inspection fees per the city's latest fee schedule.
Developer shall complete the City of Carlsbad Standard Stormwater Requirement Checklist Form.
Developer is responsible to ensure that all final design plans, grading plans, and building plans
incorporate applicable best management practices (BMPs). These BMPs include site design,
source control and Low Impact Design (LID) measures including, but not limited to, minimizing the
use of impervious area (paving), routing run-off from impervious area to pervious/landscape
areas, preventing illicit discharges into the storm drain and adding storm drain stenciling or
sign age all to the satisfaction of the city engineer.
Code Reminder
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Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section
13.10 ofthe 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.
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 or
occupancy permit issuance, except as otherwise specifically provided herein.
The project shall comply with the latest nonresidential disabled access requirements pursuant to
Title 24 of the California 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 City's Sign Ordinance and shall require review and approval of the City Planner prior to
installation of such signs.
NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
27 reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions."
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You have 90 days from date of final approval to protest imposition ofthese fees/exactions. If you protest
2 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
3 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.
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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. 7190 -9-
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of
the City of Carlsbad, California, held on August 17, 20116 by the following vote, to wit:
AYES: Chairperson Anderson, Commissioners Black, L'Heureux and
Montgomery
NOES: Commissioner Segall
ABSENT: Commissioner Goyarts and Siekmann
ABSTAIN:
vEL~ad?.t a0<tW
CARLSBAD PLANNING COMMISSION
DON NEU
City Planner
PC RESO NO. 7190 -10-