HomeMy WebLinkAboutCDP 2020-0047; JAGUAR LAND ROVER CARLSBAD; Admin Decision LetterMarch 29, 2021
Omar Paraiso
Bokal & Sneed Architects
244 Ninth Street
Del Mar, CA 92014
MINOR COASTAL DEVELOPMENT PERMIT
NOTICE OF DECISION
RE: CDP 2020-0047 (DEV2020-027S) -JAGUAR LAND ROVER CARLSBAD
{"cityof
Carlsbad
E/FILE COPY
The City has completed a review of the application for a Minor Coastal Development Permit for the
construction of a 21'-8"-tall, 149 square-foot monument sign at the Jaguar land Rover dealership. The
property is located at 5334 Paseo Del Norte and is within the boundaries of the Car Country Specific Plan
and the Mello II Segment of the Local Coastal Program.
It is the City Planner's determination that the project, CDP 2020-0047-JAGUAR LAND ROVER CARLSBAD,
is consistent with the City's applicable Coastal Development Regulations (Carlsbad Municipal Code
Chapters 21.201-21.203), and with all other applicable City ordinances and policies. The City Planner,
therefore, APPROVES this request based upon the following:
1. That the total cost of the proposed development is less than $60,000.
2. That the proposed development requires no discretionary approvals other than a Minor Coastal
Development Permit.
3. That the development is in conformity with the public access and public recreation policies of
Chapter 3 of the Coastal Act, in that no opportunities for coastal access are available from the
subject site, nor are public recreation areas required of the project in that the property is not
located adjacent to the shore and no opportunities for coastal access are available from the
subject site, nor are public recreation areas required of the project.
4. The proposed development will have no adverse effect on coastal resources, in that the site is
developed with an auto dealership, parking lot, and mature landscaping. Additionally, the project
is located in an area that is already disturbed and, therefore, will not have an adverse effect on
coastal resources.
Community Development
Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 760-602-4600 I 760-602-8560 fl www.carlsbadca.gov
CDP 2020-0047 -JAGUAR LAND ROVER CARLSBAD
March 29, 2021
Pa e 2
5. That the proposed development is in conformance with the Mello II Segment of the Certified Local
Coastal Program and all applicable policies in that the dealership and ancillary uses such as a
monument sign are consistent with the LCP Land Use Plan, which designates the site Regional
Commercial (R) and allows for regional commercial-related uses. Furthermore, no agricultural
activities, sensitive resources, geological instability, flood hazard, or coastal access opportunities
exist onsite, and the 21'-8"-tall monument sign will not obstruct views of the coastline as seen
from public lands or public right-of-way or otherwise damage the visual beauty of the coastal
zone.
6. 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, and the National Pollutant Discharge
Elimination System (NPDES) requirements to avoid increased urban run-off, pollutants and soil
erosion. In addition, the area of the addition is relatively flat and does not contain natural steep
slopes greater than 25 percent gradient; no native vegetation will be removed; and the site is not
located in an area prone to landslides, or susceptible to accelerated erosion, floods or
liquefaction.
7. That the request for a minor coastal development permit was adequately noticed at least ten {10)
calendar days before the date of this decision pursuant to Section 21.201.080(6) and {C) of the
Carlsbad Coastal Development Regulations.
8. That the City Planner has determined that the project is exempt from the requirements of the
California Environmental Quality Act {CEQA) per Section 15311{a) -Accessory Structures of the
State CEQA Guidelines and will not have any adverse significant impact on the environment.
9. The City Planner 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:
1. The City Planner does hereby APPROVE the Minor Coastal Development Permit, CDP 2020-0047,
for the project entitled Jaguar Land Rover Carlsbad (Exhibits "A" -"B"), dated March 29, 2021, on
file in the Planning Division and incorporated by this reference, subject to the conditions herein set
forth.
2. If any of the following conditions fail to occur; or if they are, by their terms, to be implemented and
maintained over time, if any of such conditions fail to be so implemented and maintained according
to their terms, the City shalt have the right to revoke or modify all approvals herein granted; deny
or further condition issuance of all future building permits; deny, revoke or further condition all
certificates of occupancy issued under the authority of approvals herein granted; record a notice of
violation on the property title; institute and prosecute litigation to compel their compliance with
said conditions or seek damages for their violation. No vested rights are gained by Developer or a
successor in interest by the City's approval of this Minor Coastal Development Permit.
CDP 2020-0047-JAGUAR LAND ROVER CARLSBAD
March 29, 2021
Pa e 3
3. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Minor Coastal Development Permit documents, as necessary to make them
internally consistent and in conformity with the final action on the project. Development shall occur
substantially as shown on the approved Exhibits. Any proposed development different from this
approval, shall require an amendment to this approval.
4. The Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
5. If any condition for construction of any public improvements or facilities, or the payment of any fees
in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this
approval shall be suspended as provided in Government Code Section 66020. If any such condition
is determined to be invalid this approval shall be invalid unless the City Council determines that the
project without the condition complies with all requirements of law.
6. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless
the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from
and against any and all liabilities, losses, damages, demands, claims and costs, including court costs
and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and
issuance of this Minor Coastal Development Permit, (b) City's approval or issuance of any permit
or action, whether discretionary or nondiscretionary, in connection with the use contemplated
herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby,
including without limitation, any and cill liabilities arising from the emission by the facility of
electromagnetic fields or other energy waves or emissions. This obligation survives until all legal
proceedings have been concluded and continues even if the City's approval is not validated.
7. This approval shall become null and void if building permits are not issued for this project within 24
months from the date of project approval.
8. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License
Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFO #1 special
tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040.
Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 3 pursuant to
Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are
not paid, this approval will not be consistent with the General Plan and shall become void.
9. Prior to the issuance of the building permit, Developer shall submit to the City a Notice of
Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the City
Planner, notifying all interested parties and successors in interest that the City of Carlsbad has issued
a Minor Coastal Development Permit on the property. Said Notice of Restriction shall note the
property description, location of the file containing complete project details and all conditions of
approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction.
The City Planner has the authority to execute and record an amendment to the notice which
modifies or terminates said notice upon a showing of good cause by the Developer or successor in
interest.
10. Approval of this request shall not excuse compliance with all applicable sections of the Zoning
Ordinance and all other applicable City ordinances in effect at time of building permit issuance,
except as otheiwise specifically provided herein.
CDP 2020-0047 -JAGUAR LAND ROVER CARLSBAD
March 29, 2021
Pa e4
NOTICE
This decision may be appealed by you or any member of the public to the Planning Commission within ten
days of receipt of this letter. Appeals must be submitted in writing to the Planning Commission at 1635
Faraday Avenue in Carlsbad, along with a payment of $876.00 plus notice fees. The filing of such appeal
within such time limit shalt stay the effective date of the order of the City Planner until such time as a final
decision on the appeal is reached.
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions."
You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest
them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the
protest and any other required information with the City Manager for processing in accordance with
Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent
legal action to attack, review, set aside, void, or annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT
APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other
similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any
fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute
of limitations has previously otherwise expired.
If you have any questions regarding this matter, please feel free to contact Shannon Harker at (760) 602-
4621 or by email at shannon.harker@carlsbadca.gov.
CITY OF CARLSBAD
DON NEU, AICP
City Planner
DN:SH:cf
c: Jo Hannah Hoehn, P .0. Box 789, Carlsbad, CA 92018
David Rick, Project Engineer
File Copy
Data Entry