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HomeMy WebLinkAbout2003-02-19; Planning Commission; Resolution 53651 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 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. 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 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: 1. 2. 3. 4. 5. 6. 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- 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 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: 1. 2. 3. 4. 5. 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- 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 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. PC RES0 NO. 5365 -4- 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 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. ... ... ... ... ... ... ... PC RES0 NO. 5365 -5 - 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 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 PC RES0 NO. 5365 -6-