HomeMy WebLinkAbout2006-08-02; Planning Commission; Resolution 61021 PLANNING COMMISSION RESOLUTION NO. 6102
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING COASTAL
DEVELOPMENT PERMIT CDP 05-24 TO ALLOW VEHICLE
4 STORAGE ON A VACANT 1.83-ACRE SITE, LOT 6 OF CAR
5 COUNTRY CARLSBAD GENERALLY LOCATED WEST OF
CAR COUNTRY DRIVE AND SOUTH OF AUTO CENTER
6 COURT IN THE MELLO II SEGMENT OF THE LOCAL
COASTAL PROGRAM AND IN LOCAL FACILITIES
7 MANAGEMENT ZONE 3.
CASE NAME: BOB BAKER LOT 6
8 CASE NO.: CDP 05-24
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WHEREAS, Bob Baker Enterprises, "Developer," has filed a verified
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application with the City of Carlsbad regarding property owned by Townsend Family Trust,
12 "Owner," described as
13 Lot 6 of Carlsbad Tract No. 87-03, in the City of Carlsbad,
County of San Diego, State of California, according to map
14 thereof No. 12242, filed in the Office of the County Recorder of
15 San Diego County, October 28,1988
16 ("the Property"); and
17 WHEREAS, said verified application constitutes a request for a Coastal
1 8 Development Permit as shown on Exhibits "A" - "B" dated August 2, 2006, on file in the
19 Planning Department, BOB BAKER LOT 6 - CDP 05-24, as provided by Chapter 21.201 of the
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Carlsbad Municipal Code; and21
22 WHEREAS, the Planning Commission did, on the 2nd day of August 2006, hold
23 a duly noticed public hearing as prescribed by law to consider said request; and
24 WHEREAS, at said public hearing, upon hearing and considering all testimony
25 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
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relating to the CDP.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning28
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Commission
3 APPROVES BOB BAKER LOT 6 - CDP 05-24, based on the following
findings and subject to following conditions:4
c Finding:
That the proposed development is in conformance with the Certified Local Coastal
Program and all applicable policies in that the proposed use is consistent with the
7 Local Coastal Program Regional Commercial Land Use designation and with the
Local Coastal Program implementing ordinance (Car Country Carlsbad Specific
Plan), which allows for the storage of automobiles for the purpose of automobile
o sales.
10 2. The proposal is in conformity with the public access and recreation policies of Chapter 3
of the Coastal Act in that the project will not impede or preclude the public's access
11 to the shore.
3. 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, Standard
14 Urban Storm Water Mitigation Plan (SUSMP) and Jurisdictional Urban Runoff
Management Program (JURMP) to avoid increased urban runoff, pollutants, and soil
15 erosion. No steep slopes or 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.
4. That the Planning Director has determined that the project belongs to a class of projects
1 g that the State Secretary for Resources has found do not have a significant impact on the
environment, and it is therefore categorically exempt from the requirement for the
19 preparation of environmental documents pursuant to Section 15322 (Infill Development
Projects) 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.
22 5. 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
23 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:
26 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to grading
permits.
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1. 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
PCRESONO. 6102 -2-
revoke or modify all approvals herein granted; deny or further condition issuance of all
2 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
3 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 Coastal Development Permit.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
6 and modifications to the Coastal Development Permit documents, as necessary to make
them internally consistent and in conformity with the final action on the project.
7 Development shall occur substantially as shown on the approved Exhibits. Any proposed
development different from this approval shall require an amendment to this approval.o
9 3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
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4. 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
12 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
13 unless the City Council determines that the project without the condition complies with
all requirements of law.
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., 5. 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
16 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
17 or indirectly, from (a) City's approval and issuance of this 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
19 (c) Developer/Operator's installation and operation of the facility permitted hereby,
including without limitation, any and all liabilities arising from the emission by the
20 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
21 approval is not validated.
22 6. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of
23 the Site Plan reflecting the conditions approved by the final decision-making body.
24 7. This approval is granted subject to the approval of Conditional Use Permit CUP 05-14
and is subject to all conditions contained in Planning Commission Resolution No. 6101
for those other approvals incorporated herein by reference.
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8. The applicant shall apply for and be issued grading permits for this project within two
27 (2) years of approval or this coastal development permit will expire unless extended per
Section 21.201.210 of the Zoning Ordinance.28
9. The applicant shall apply for and obtain a grading permit issued by the City Engineer.
PCRESONO. 6102 -3-
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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 ?.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.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 2nd day of August 2006, by the
following vote, to wit:
AYES:
NOES:
Chairperson Montgomery, Commissioners Cardosa, Dominguez,
Heineman, and Whitton
ABSENT: Commissioners Baker and Segall
ABSTAIN:
MARTELL B. MONTGOMERY, ^airperson
CARLSBAD PLANNING COMMISSION
ATTEST
DOffNEU
' Assistant Planning Director
PC RESO NO. 6102 -4-