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HomeMy WebLinkAbout2008-04-16; Planning Commission; Resolution 64091 PLANNING COMMISSION RESOLUTION NO. 6409 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A COASTAL DEVELOPMENT PERMIT CDP 08-03, TO ALLOW 4 A MINOR EXPANSION AND REMODEL OF THE EXISTING s BOB BAKER JEEP DEALERSHIP WITHIN THE CAR COUNTRY SPECIFIC PLAN FOR THE SITE GENERALLY 6 LOCATED WEST OF CAR COUNTRY DRIVE AND EAST OF PASEO DEL NORTE IN THE C-2-Q ZONE, WITHIN THE 7 MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 3. 8 CASE NAME: BOB BAKER JEEP ADDITION 9 CASE NO.: CDP 08-03 10 WHEREAS, Rekab Properties, "Developer" and "Owner," has filed a verified 11 ... .application with the City of Carlsbad regarding property described as 12 Lot 10 of Carlsbad Tract No. 87-3, in the City of Carlsbad, 13 County of San Diego, State of California, according to map thereof No. 12242, filed in the office of the County Recorder of 14 San Diego, October 28,1988. 15 16 ("the Property"); and 17 WHEREAS, said verified application constitutes a request for a Coastal 18 Development Permit as shown on Exhibits "A" - "I" dated April 16, 2008, on file in the 19 Planning Department, BOB BAKER JEEP ADDITION- CDP 08-03, as provided by Chapter 20 21.201.040 of the Carlsbad Municipal Code; and 21 WHEREAS, the Planning Commission did, on April 16, 2008, hold a duly 23 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 26 relating to the CDP. 27 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 28 Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. 2 B) That based on the evidence presented at the public hearing, the Commission 3 APPROVES BOB BAKER JEEP ADDITION- CDP 08-03 based on the following findings and subject to the following conditions: Findings: 1. That the proposed development is in conformance with the Mello II Segment of the 6 Certified Local Coastal Program (LCP) and all applicable policies in that the proposed additions to the existing Bob Baker Jeep automobile dealership are consistent with 7 the LCP Land Use Plan which designates the site Regional Commercial (R) and allows for regional commercial-related uses. Furthermore, no agricultural activities, sensitive resources, geological instability, flood hazard, or coastal access opportunities exist onsite, and the development does not obstruct views of the coastline as seen from public lands or public right-of-way or otherwise damage the 10 visual beauty of the coastal zone. 11 2. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that the property is not located adjacent to the shoreline. Therefore, the project will not interfere with the public's right to physical access to the ocean and the site is not suited for water-oriented recreation activities. 14 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 15 City's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard Urban Storm Water Mitigation Plan (SUSMP), and Jurisdictional Urban Runoff Management Program (JURMP) to avoid increased urban runoff, 17 pollutants, and soil erosion. Furthermore, no steep slopes will be affected by the project, and no native vegetation is located on the subject site. In addition, the 18 project site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods or liquefaction. 19 4. 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 Mitigation Fees are not required in accordance with the provisions of the Coastal Agriculture Overlay Zone (Chapter 21.202 of the Zoning Ordinance). 22 5. The project is not located between the sea and the first public road parallel to the sea and 23 therefore, is not subject to the provisions of the Coastal Shoreline Development Overlay Zone (Chapter 21.204 of the Zoning Ordinance). ~_ Conditions: 26 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of building permits. 27 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 PC RESO NO. 6409 -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. 10 4. If any conditions 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 12 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 13 invalid unless the City Council determines that the project without the condition complies with all requirements of law. 14 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. This approval is granted subject to the approval of SDP 88-09(B) and is subject to all 23 conditions contained in Resolution No. 6408 for those other approvals incorporated herein by reference. 24 . 7. 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 26 pursuant to Section 21.201.210 of the Carlsbad Municipal Code. 27 28 PC RESO NO. 6409 -3- 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 g 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, 1 zoning, grading, or other similar application processing or service fees in connection with this 11 12 13 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 April 16, 2008, by the following vote, 15 to wit: 16" 17 AYES: Commissioners Baker, Cardosa, Dominguez, Douglas, Montgomery, and Chairperson Whitton 18 NOES: 19 ABSENT: Commissioner Boddy 20 ABSTAIN:21 22 23 PRANK WHITTON, Chairperson 24 /CARLSBAD PLANNING COMMISSION 25 | ATTEST: 26 27 28 DON NEU Planning Director PC RESO NO. 6409 -4-