HomeMy WebLinkAbout2003-02-19; Planning Commission; Resolution 53651
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PLANNING COMMISSION RESOLUTION NO. 5365
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A SITE
ALLOW THE ADDITION OF A ONE STORY, 2,309 SQUARE
FOOT SERVICE FACILITY AT AN EXISTING CAR
DEALERSHIP ON PROPERTY GENERALLY LOCATED AT
5215 CAR COUNTRY DRIVE IN LOCAL FACILITIES
MANAGEMENT ZONE 3.
CASE NAME: HOEHN AUDI SERVICE BAYS
CASE NO.: SDP 88-04(B)
WHEREAS, The Hoehn Group, LLC, “Developer”/“Owner,” has filed a
DEVELOPMENT PLAN AMENDMENT, SDP 88-04(B) TO
verified application with the City of Carlsbad regarding property described as
All of the portion of Lot 4 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 the
County Recorder of San Diego County on October 28,1988
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Site Development
Plan Amendment as shown on Exhibits “A” - “D” dated February 19, 2003, on file in the
Planning Department, HOEHN AUDI SERVICE BAYS - SDP 88-04(B) as provided by
Chapter 21.06 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 19th day of February, 2003,
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 Site Development Plan Amendment.
WHEREAS, on July 6, 1988, the Planning Commission approved, SDP 88-04,
as described and conditioned in Planning Commission Resolution No. 2755.
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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 Planning
Commission APPROVES HOEHN AUDI SERVICE BAYS - SDP 88-04@)
based on the following findings and subject to the following conditions:
Findinm:
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That the requested use is properly related to the site, surroundings and environmental
settings, is consistent with the various elements and objectives of the General Plan, will
not be detrimental to existing uses or to uses specifically permitted in the area in which
the proposed use is to be located, and will not adversely impact the site, surroundings or
traffic circulation, in that the proposed service bays will be attached to an existing two
story automobile dealership and the addition will be of the same architectural style
as the existing building. The site is surrounded by other car dealerships in the area
and the addition of service bays will have no negative impacts on the surrounding
uses.
That the site for the intended use is adequate in size and shape to accommodate the use, in
that the proposed addition is 2,309 square feet in area and the total lot coverage is
15%, which is consistent with the requirements contained in the Specific Plan for
this area.
That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust
the requested use to existing or permitted fbture uses in the neighborhood will be
provided and maintained, in that the proposed addition is located adjacent to the
existing building on the subject site and is consistent with all development standards
contained in the Specific Plan “SP-1.9(C).”
That the street systems serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the addition of service bays will not impact the
street system.
That the Planning Director 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 fi-om the requirement for the
preparation of environmental documents pursuant to Section 15303 (c) - construction of
small commercial or similar structures and Section 15332 (a-e) - in-fill development
of the state CEQA Guidelines. In making this determination, the Planning Director has
found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not
apply to this project.
The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 3 and all City public facility policies and
PC RES0 NO. 5365 -2-
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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.
7. 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:
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Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of
building permits.
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; 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 Site Development Plan Amendment.
Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Site Development Plan Amendment 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.
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.
DeveloperQerator 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 Site Development Plan
Amendment, and (b) City’s approval or issuance of any permit or action, whether
PC RES0 NO. 5365 -3-
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discretionary or non-discretionary, in connection with the use contemplated herein. 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 the Planning Department a reproducible 24” x 36,” mylar
copy of the Site Plan Amendment reflecting the conditions approved by the final
decision making body.
7. Prior to issuance of 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 Planning Director, notifying all interested parties and successors in interest that the
City of Carlsbad has issued a Site Development Plan Amendment and Coastal
Development Permit by Resolutions No. 5365 and 5366 on the real property owned by
the Developer. 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
Planning Director 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.
8. This approval is subject to all conditions contained in Planning Commission Resolutions
No. 2755 for SDP 88-04 incorporated by reference herein.
9. This approval is granted subject to the approval of CDP 02-48 and is subject to all
conditions contained in Resolution No. 5366 for that other approval incorporated by
reference herein.
Enpineering
General
10. 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.
11. Prior to issuance of any building permit, Developer shall comply with the requirements of
the City’s anti-graffiti program for wall treatments if and when such a program is
formally established by the City.
DedicationdImprovements
12. Prior to building permit issuance, developer shall have design, apply for and obtain
approval of the City Engineer, for the structural section for the access aisles with a traffic
index of 5.0 in accordance with City Standards due to truck access through the parking
area and/or aisles with an ADT greater than 500. The structural pavement design of the
aisle ways shall be submitted together with required R-value soil test information and
approved by the City Engineer as part of the building or grading plan review whichever
occurs first.
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13. At all times, the developer shall comply with the recommendations and proposed
mitigation within the “Storm Water Management Plan Permit NO. SDP 88-
04(B)/CDP 02-48 Hoehn Audi” dated December 2, 2002 on file with the city of
Carlsbad.
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 feedexactions
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.
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PC RES0 NO. 5365 -5 -
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PASSED, APPROVED AND ADOPTED at a regular meeting of the planning
Commission of the City of Carlsbad, California, held on the 19th, day of February, 2003, by the
following vote, to wit:
AYES: Chairperson Baker, Commissioners Heineman, Montgomery,
Segall, White, and Whitton
NOES: None
ABSENT: Commissioner Dominguez
ABSTAIN: None
MISSION
ATTEST:
MICHAEL J. HWZMIIUER
Planning Director
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