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HomeMy WebLinkAbout2015-08-05; Planning Commission; Resolution 7115 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 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A COASTAL DEVELOPMENT PERMIT AMENDMENT TO ALLOW FOR A TENANT IMPROVEMENT TO CREATE A 998 SQUARE FOOT SECOND FLOOR WITHIN THE EXISTING BUILDING SHELL CONSISTING OF A SALES OFFICE, RESTROOM, AND TWO EXIT STAIRS IN THE MELLO II SEGMENT OF THE COASTAL ZONE ON PROPERTY GENERALLY LOCATED AT 5550 PASEO DEL NORTE IN LOCAL FACILITIES MANAGEMENT ZONE 3. CASE NAME: JAGUAR LAND ROVER CARLSBAD CASE NO: CDP 12-27(A) WHEREAS, Hoehn JLR Inc., “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by Sharp Limited Family 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 Amendment as shown on Exhibits “A” – “E” dated August 5, 2015, attached hereto and on file in the Carlsbad Planning Division, CDP 12-27(A) – JAGUAR LAND ROVER CARLSBAD, as provided in Chapter 21.81.040 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on August 5, 2015, 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; and WHEREAS, on April 17, 2013, the Planning Commission approved, CDP 12-27, as described and conditioned in Planning Commission Resolution No. 6959. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad, as follows: A) That the above recitations are true and correct. PLANNING COMMISSION RESOLUTION NO. 7115 PC RESO NO. 7115 -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 B) That based on the evidence presented at the public hearing, the Commission APPROVES JAGUAR LAND ROVER CARLSBAD – CDP 12-27(A)., 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 proposed building will not obstruct views of the coastline as seen from public lands or the public right of way or otherwise damage the visual beauty of the coastal zone. The project is consistent with the surrounding development of auto dealerships in the Car Country Carlsbad Specific Plan. No agricultural uses currently exist on the site, and the property is not within the Coastal Agricultural Overlay Zone that would require mitigation for conversion to urban uses. There are no sensitive coastal resources within the property and is not located in an area of known geologic instability or flood hazard. 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 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. 5. That the City Planner 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 from the requirement for the preparation of environmental documents pursuant to Section 15301(e) – additions to existing structures that will not result in an increase of more than 50 percent of the floor area of the structure before the addition, or 2,500 square feet, whichever is less. In making this determination, the City Planner has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. Conditions: General Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of a building permit. PC RESO NO. 7115 -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 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 Amendment. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Coastal Development Permit 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. 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 Amendment, (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. 6. Developer shall submit to the Planning Division a reproducible 24” x 36,” mylar copy of the Site Plan reflecting the conditions approved by the final decision-making body. 7. 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. 8. 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. 9. 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 PC RESO NO. 7115 -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 Development Permit Amendment by Resolution No. 7115 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. Engineering: 10. Developer shall comply with the City's Stormwater Regulations, latest version, and shall implement best management practices at all times. Best management practices include but are not limited to pollution treatment practices or devices, erosion control to prevent silt runoff during construction, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements. Code Reminders: 11. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by Council Policy No. 17. 12. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 13. The project shall comply with the latest nonresidential disabled access requirements pursuant to Title 24 of the California Building Code. 14. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. 15. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on the site plan are for planning purposes only. . . . . . . . . . . . . . . . . . .