HomeMy WebLinkAbout2018-08-15; Planning Commission; Resolution 7304PLANNING COMMISSION RESOLUTION NO. 7304
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A COASTAL DEVELOPM ENT PERMIT
FOR A 723 SQUARE-FOOT ADDITION TO THE HOEHN HONDA CAR
DEALERSHIP LOCATED AT 5199 PASEO DEL NORTE WITHIN THE CAR
COUNTRY SPECIFIC PLAN, THE MELLO II SEGMENT OF THE LOCAL
COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 3.
CASE NAME: HOEHN HONDA
CASE NO: CDP 2018-0013 (DEV12037)
WHEREAS, Susanah Hoehn, "Developer/Owner," has filed a verified application with the City of
Carlsbad regarding property described as
PARCEL 2 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, AS SHOWN ON PAGE 8651 OF PARCEL MAPS FILED IN THE
OFFICE OF THE COUNTY RECORDER, APRIL 20, 1979
("the Property''); and
WHEREAS, said verified application constitutes a request for a Coastal Development Permit as
shown on Exhibits "A" -"E" dated August 15, 2018, attached hereto and on file in the Carlsbad Planning
Division, CDP 2018-0013 -HOEHN HONDA, as provided in Chapter 21.201.030 of the Carlsbad Municipal
Code;and
WHEREAS, the Planning Commission did, on August 15, 2018, hold a duly noticed public hearing
as prescribed by law to consider said request;
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 t he Planning Commission of the City of Carlsbad,
as follows:
A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission APPROVES
CDP 2018-0013-HOEHN HONDA, 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 site is designated for regional commercial development and the
project proposes a 723-square-foot expansion to the existing Hoehn Honda auto dealership
located within the Car Country Specific Plan, SP 19(J). The development is consistent with the
LCP M ello II Regional Commercial (R) General Plan land use designation. No agricultural
activities, sensitive resources, geological instability, flood hazard or coastal access opportunities
exist onslte. In addition, the proj ect will not obstruct views of the coastline as seen from public
lands or public right-of-way, nor otherwise damage the visual beauty of the Coastal Zone.
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 coastal shore; therefore, it will
not interfere with the public's right to physical access or water-oriented recreational 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, BMP Design Manual and
Jurisdictional Runoff Management Program (JRMP) 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 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).
5. 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).
6. The project is consistent with the City-Wide Facilities and Improvements Plan, the local Facilities
Management Plan for Zone 3 and all city public policies and ordinances. The project includes
elements or has been conditioned to construct or provide funding to ensure that all facilities and
improvements regarding: sewer collection and treatment; water; drainage; circulation; fire;
schools; parks and other recreational facilities; libraries; government administrative facilities; and
open space, related to the project will be installed to serve new development prior to or
concurrent with need. Specifically,
A. The Public Facility Fee is required to be paid by Council Policy No. 17 and will be collected
prior to the issuance of building permit.
7. The Planning Commission finds that the project, as conditioned herein, is in conformance with the
Elements of the city's General Plan, in that the General Plan land Use designation for the
property is R, Regional Commercial. The proposed 723 square-foot expansion to the Hoehn
Honda dealership supports existing local and regional commercial use which serves residents,
attracts customers from outside the city, generates tax revenue and jobs, and provides goods
and services to residents in the city.
8. 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)(1), Existing Facilities, of the state CEQA Guidelines. 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.
9. 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. 7304 -2-
Conditions:
General
NOTE: Unless otherwise specified herein, all conditions shall be sat isfied prior to the issuance of a
grading or building permit, whichever occurs first.
1. Approval is granted for COP 2018-0013 as shown on Exhibits "A" -"E", dated August 15, 2018,
on file in the Planning Division and incorporated herein by reference. Development shall occur
substantially as shown unless otherwise noted in these conditions.
2. 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.
3. 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 substant ially as shown on the approved Exhibits. Any proposed development, different
from this approval, shall require an amendment to this approval.
4. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the t ime of building permit issuance.
5. 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.
6. 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. The 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.
PC RESO NO. 7304 -3-
8. 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 Resolut ion No. 7304 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.
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. Developer shall pay the Citywide Public Facilities Fee imposed by City Council Policy No. 17, the
License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFO
#1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section
5.09.040. Developer shall also pay any applicable Local Facilities Management Plan Fee for Zone
3, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If
the taxes/fees a re not paid, this approval will not be consistent with the General Plan and shall
become void.
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. All roof appurtenances, including air conditioners, shall be architecturally integrated and
concealed from view and the sound buffered from adjacent properties and streets, in substance
as provided in Building Department Policy No. 80-6, to the satisfaction of the Director of the
Community and Economic Development Department.
13. Developer shall construct, install and stripe not less than 10 customer parking spaces as shown
on Exhibits "A" -"E". The 10 customer parking spaces shall be signed or striped to identify that
the stalls are to be used for customers only.
Code Reminders
14. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section 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.
15. 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.
16. The project shall comply with the latest nonresidential disabled access requirements pursuant to
Title 24 of the California Building Code.
17. Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management
Fee for Zone 3 as required by Carlsbad Municipal Code Section 21.90.050.
PC RESO NO. 7304 -4-
18. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 17.04.320.
19. Any signs proposed for this development shall at a minimum be designed in conformance with
the Car Country Specific Plan, SP 19(J), and shall require review and approval of the City Planner
prior to installation of such signs.
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.S4, 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.
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 w ill 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 August 15, 2018, by the following vote, to wit:
AYES: Chair Montgomery, Commissioners Anderson, Geidner, Luna, Meenes and Segall
NOES:
ABSENT:
MARTELL MONTGOMERY, Ch
CARLSBAD PLANNING COMM
ATTEST:
~~
DON NEU
City Planner
PC RESO NO. 7304 -5-
August 16, 2018
Robert and Susan Hoehn
5454 Paseo Del Norte
Carlsbad, CA 92008
PLANNING COMMISSION
NOTICE OF DECISION
SUBJECT: CDP 2018-0013 (DEV12037)-HOEHN HONDA
C cityof
Carlsbad
At the August 16, 2018, Planning Commission meeting, your application was considered. The Commission
voted 6-0 to APPROVE your request. The decision of the Planning Commission is final on the date of
adoption unless a w ritten appeal to the City Council is filed with the City Clerk within ten (10) calendar
days in accordance with the provisions of Carlsbad Municipal Code section 21.54.150. The written appeal
must specify the reason or reasons for the appeal.
If you have any questions rega rding the final dispositions of your application, please contact your project
planner Shannon Harker at 760-602-4621 or shannon.harker@carlsbadca.gov.
Sincerely,
DON NEU, AICP
City Planner
DN:SH:jb
Enclosure: Planning Commission Resolution No. 7304
c: Omar Paraiso-oparaiso@bokalandsneed.com
Data Entry
File Copy
Community & Economic Development
Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 760-602·4600 I 760·602·8560 f I www.carlsbadca.gov