HomeMy WebLinkAbout2013-04-17; Planning Commission; Resolution 6959
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A COASTAL DEVELOPMENT PERMIT TO ALLOW FOR THE CONSTRUCTION OF A 3,091 SQUARE FOOT BUILDING
CONSISTING OF SIX WASH/DETAIL BAYS, OFFICE SPACE,
AND STORAGE SPACE ON A 2.75 ACRE SITE AT 5550
PASEO DEL NORTE BETWEEN CANNON ROAD AND CAR COUNTRY DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 3.
CASE NAME: JAGUAR LAND ROVER CARLSBAD
CASE NO: CDP 12-27
WHEREAS, Hoehn JLR, Inc., “Developer,” has filed a verified application with
the City of Carlsbad regarding property owned by Sharp Family Limited Partnership,
“Owner,” described as
Southerly portion of Lot 8 of Carlsbad Tract Map 72-03, 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, November 30, 1972 as file number 72-320455
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Coastal
Development Permit as shown on Exhibits “A” – “D” dated April 17, 2013, attached hereto and
on file in the Carlsbad Planning Division, JAGUAR LAND ROVER CARLSBAD – SDP 10-
01(A)/CDP 12-27, as provided in Chapter 21.81.040 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on April 17, 2013, 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 Coastal Development Permit.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad, as follows:
PLANNING COMMISSION RESOLUTION NO. 6959
PC RESO NO. 6959 -2-
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A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission APPROVES of JAGUAR LAND ROVER CARLSBAD –CDP12-27, based on the following findings and subject to the following conditions:
Findings:
1. That the proposed development is in conformance with the Certified Local Coastal
Program and all applicable policies in that the development consists of a new single 3,091 square foot building for auto dealer services and the development is consistent with the Mello II Land Use designation of R (Regional Commercial). The proposed building is consistent with the surrounding development of auto dealerships. The
building will not obstruct views of the coastline as seen from public lands or the
public right-of-way, nor otherwise damage the visual beauty of the coastal zone. No agricultural uses currently exist on the site, nor are there any sensitive resources located on the property. The proposed structure is not located in an area of known geologic instability or flood hazard. The site is not in close proximity to the coast
and therefore no public opportunities for coastal shoreline access are available from
the subject site. The commercially designated site is not suited for water-oriented recreation activities.
2. The proposal is in conformity with the public access and recreation policies of Chapter 3
of the Coastal Act in that no public opportunities for coastal shoreline access are
available from the subject site and no public access requirements are conditioned
for the project since it is not located between the first public road and the ocean. The commercially designated site is not suited for water-oriented recreation activities.
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 Urban Storm Water Mitigation Plan (SUSMP) and Jurisdictional Urban Runoff Management Program (JURMP) to avoid increased urban runoff, pollutants, and soil 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. 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).
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 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.
. . .
. . .
PC RESO NO. 6959 -3-
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Conditions:
General
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of a building permit.
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 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; record a notice of violation on the
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
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. Development shall occur substantially as shown on the approved Exhibits. Any proposed
development, different from this approval, shall require an amendment to this approval.
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.
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 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.
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 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, (b) City’s approval or issuance of any permit or action, whether discretionary or
nondiscretionary, in connection with the use contemplated herein, and (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
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
approval is not validated.
7. Developer shall submit to the City Planner a reproducible 24” x 36,” mylar copy of the
Site Plan reflecting the conditions approved by the final decision-making body.
PC RESO NO. 6959 -4-
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8. Developer shall include, as part of the plans submitted for any permit plancheck, a
reduced legible version of all approving resolution(s) in a 24” x 36” blueline drawing
format (including any applicable Coastal Commission approvals).
9. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 3 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
10. This approval is granted subject to the approval of SDP 10-01(A) and is subject to all conditions contained in Planning Commission Resolution No. 6958 for those other approvals incorporated herein by reference.
11. This approval shall become null and void if building permits are not issued for this
project within 24 months from the date of project approval.
12. Prior to the issuance of the building permit, Developer shall submit to the City a Notice of Restriction executed by the owner of the real property to be developed. Said notice is
to be filed in the office of the County Recorder, subject to the satisfaction of the City
Planner, notifying all interested parties and successors in interest that the City of Carlsbad
has issued a Coastal Development Permit by Resolution No. 6959 on the property. 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 City Planner 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. NOTICE TO APPLICANT
An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad
Village Drive, Carlsbad, California, 92008, within ten (10) calendar days of the date of the Planning Commission’s decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section 21.54.150, the appeal must be in writing and state the reason(s) for the appeal. The City Council
must make a determination on the appeal prior to any judicial review.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on April 17, 2013, by the following vote,
to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chairperson Siekmann, Commissioners L'Heureux, Montgomery,
Schumacher, Scully and Sega_ll
Commissioner Black
13 KERRY K. SIEKMANN, Chairperson
CARLSBAD PLANNING COMMISSION
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ATTEST:
DONNEU
City Planner
PC RESO NO. 6959 -5-