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HomeMy WebLinkAbout1998-12-02; Planning Commission; Resolution 44210 0 1 I1 PLANNING COMMISSION RESOLUTION NO. 4421 2 3 4 5 6 7 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF COASTAL DEVELOPMENT PERMIT NUMBER CDP 98-37 FOR THE DEVELOPMENT OF AN AUTOMOBILE DEALERSHIP ON PROPERTY GENERALLY LOCATED ON CAR COUNTRY DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 3. CASE NAME: NISSAN NEW CAR DEALERSHIP - CASE NO.: CDP 98-37 8 lo verified application with the City of Carlsbad regarding property owned by Robc 9 WHEREAS, Saitama Nissan (USA) Corporation, “Developer”, ha: Townsend and Marilyn Jane Townsend, Trustees of the Townsend Family Trusl 11 12 13 14 Dated May 30,1988, “Owner”, described as Lot 5 of Carlsbad Tract No. 87-3, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 12242, filed in the office of County Recorder of San Diego County, dated October 28,1988. ~ 15 I/ (“the Property”); and 16 17 18 WHEREAS, said verified application constitutes a request for a Development Pennit as shown on Exhibits “A” - “K”, dated December 2, 1998, on fi 19 Planning Department, NISSAN NEW CAR DEALERSHIP, CDP 98-37, as pro1 20 Chapter 21.201.040 of the Carlsbad Municipal Code; and 21 WHEREAS, the Planning Commission did, on the 2nd day of Decembc 22 il hold a duly noticed public hearing as prescribed by law to consider said request; and 23 24 WHEREAS, at said public hearing, upon hearing and considering all tc 25 // and arguments, if any, of all persons desiring to be heard, said Commission considered a 26 27 Commission of the City of Carlsbad as follows: 28 NOW, THEREFORE, BE IT HEREBY RESOLVED by the relating to the CDF. . 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) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of NISSAN NEW CAR DEALERSHIP, CDP 9% 37, based on the following findings and subject to the following conditions: Findinps: 1. 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 development does not obstruct public views of significant coastal resources and no agricultural activities, sensitive coastal resources, geologic instability or coastal access opportunities exist on or adjacent to the project site. 2. The project site is not located in the Coastal Agriculture Overlay Zone, according to Map X of the Land Use Plan, certified September, 1980, and therefore is not subject to the provisions of the Coastal Agriculture Overlay Zone (Chapter 21.202 of the Zoning Ordinance). 3. The project is consistent with the provisions of the Coastal Resource Protection Overlay Z,one (Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the City’s Master Drainage and Storm Water Quality Management Plan and Grading Ordinance to avoid increased runoff and soil erosion, no steep slopes exist on the property and the site is not located in areas prone to landslides, susceptible or accelerated erosion, floods or liquefaction. 4. The project site is not located between the sea and the first public road parallel to the sea and, therefore, is not subject to the provisions of the Coastal Shoreline Development Overlay Zone (Chapter 21.204 of the Zoning Ordinance). 5. The projelct is not located within the Mello I LCP Segment and is, therefore, not subject to the provisions of that segments Coastal Resource Overlay Zone as described in Chapter 21.205 of the Zoning Ordinance. Conditions: 1. Staff is authorized and directed to make, or require Developer to make, all corrections and modifications to the document(s) necessary to make them internally consistent and in conformity with final action on the project. Development shall occur substantially as shown in the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. 2. The applicant shall apply for and be issued building permits for this project within two (2) years of approval or this coastal development permit will expire unless extended per Section 21.201.210 of the Zoning Ordinance. PC RESO NO. 4421 -2- -. 0 0 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 3. Approval of CDP 98-37 is granted subject to the approval of SDP 98-08. CDP subject to all conditions contained in Planning Commission Resolution No. SDP 98-08;. NOTICE Please take NOTICE that approval of your project includes the “imposition” dedications, reservations, or other exactions hereafter collectively referred to for conve~ “fees/exactions.” You have 90 days from date of final approval, to protest imposition of these feeslexac you protest them, you must follow the protest procedure set forth in Government Cod€ 66020(a), and file the protest and any other required information with the City Mar processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure t follow that procedlure will bar any subsequent legal action to attack, review, set aside, annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/( DOES NOT APP:LY to water and sewer connection fees and capacity charges, nor I zoning, grading OP other similar application processing or service fees in connection project; NOR DOES IT APPLY to any feedexactions of which you have previously be a NOTICE similar to this, or as to which the statute of limitations has previously c expired. ... ... ... ... ... ... ... ... PC RES0 NO. 4421 -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 * 0 PASSED, APPROVED AND ADOPTED at a regular meeting of the Commission of the City of Carlsbad, California, held on the 2nd day of December, 19! following vote, to1 wit: AYES : Chairperson Noble, Commissioners Compas, Heineman, I Savary, and Welshons NOES : AE3SENT: Commissioner Monroy AE3STAIN: ATTEST: Planning Director PC RES0 NO. 44,21 -4-