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HomeMy WebLinkAbout2003-04-02; Planning Commission; Resolution 53961 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. 5396 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A THE ADDITION OF A PARKING STRUCTURE FOR AN EXISTING CAR DEALERSHIP AND SERVICE CENTER ON PROPERTY GENERALLY LOCATED AT 5124 CANNON ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 3. CASE NAME: TOYOTA CARLSBAD PARJSING STRUCTURE COASTAL DEVELOPMENT PERMIT, CDP 02-29 TO ALLOW CASE NO.: CDP 02-29 WHEREAS, Stellar Properties, LLC, ccDeveloper”/”Owner,” has filed a verified application with the City of Carlsbad regarding property described as Lot 1 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, October 28,1988; together with Lot 4 of Carlsbad Tract No. 72-3, in the City of Carlsbad, County of San Diego, State of California, According to Map thereof No. 7492, filed in the office of the County Recorder of San Diego County, November 30,1972. (“the Property”); and WHEREAS, said verified application constitutes a request for a Coastal Development Permit as shown on Exhibits “A” - “K” dated April 2, 2003, on file in the Planning Department, TOYOTA CARLSBAD PARKING STRUCTURE - CDP 02-29, as provided by Chapter 21.201.040 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 2nd day of April 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 CDP. 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 Commission APPROVES TOYOTA CARLSBAD PARKING STRUCTURE - CDP 02-29 based on the following findings and subject to the following conditions: FindinPs: 1. 2. 3. 4. 5. That the proposed development is in conformance with the Mello I1 Segment of the Certified Local Coastal Program (LCP) and all applicable policies in that the proposed parking structure is consistent with the LCP Land Use Plan. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that the project is located outside of the coastal shoreline development overlay zone. Therefore, compliance with the public access and recreation policies of Chapter 3 of the Coastal Act is not required. The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that the proposed addition of a parking structure is for a site already improved with an automobile dealership and service facility and the new addition will be architecturally compatible with the existing building; no steep slopes will be affected by the project and no native vegetation is located on the subject property and the site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods or liquefaction. The project is not located in the Coastal Agriculture Overlay Zone, according to Map X of the Land Use Plan, certified September 1990 and Agricultural Conversion Mitigation Fees are not required in accordance with the provisions of the Coastal Agriculture Overlay Zone (Chapter 21.202 of the Zoning Ordinance). The project 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). Conditions: 1. Staff is authorized and directed to make, or to require Developer to make, all corrections and modifications to the Coastal Development Permit 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 Carlsbad Municipal Code. PC RES0 NO. 5396 -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 3. 4. 5. 6. This approval is granted subject to the approval of the SDP 95-08(A) and is subject to all conditions contained in Resolution No. 5395 for that other approval incorporated by reference herein. 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 Coastal Development Permit, and (b) City’s approval or issuance of any permit or action, whether 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. This approval shall become null and void if building permits are not issued for this project within 2 years from the date of project approval. If a grading permit is required, all grading activities shall be planned in units that can be completed by October 1st. Grading activities shall be limited to the “dry season”, April 1st to October 1st of each year. Grading activities may be extended to November 15th or beyond upon written approval of the City Engineer and only if all erosion control measures are in place by October 1st. 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 feedexactions 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. 5396 -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 2e 2' 2: PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 2nd day of April, 2003, by the following vote, to wit: AYES: Chairperson Baker, Commissioners Dominguez, Heineman, Montgomery, Segall, White, and Whitton NOES: None ABSENT: None ABSTAIN: None $pp.Q- JUL B R, Chairperson cw PLANNING COMMISSION ATTEST: MICHAEL J. HOEMLWR Planning Director PC RES0 NO. 5396 -4-