HomeMy WebLinkAbout1978-01-03; City Council; 5295; Request for processing a Building PermitCITY OF CARLSBAD
AGENDA BILL NO. <£~&?£~ _ > Initial:
- January 3, 1978 -
DEPARTMENT: _ Engineering _ C. Mgr.
Subject: REQUEST FOR PROCESSING OF A BUILDING PERMIT
DON SHARP PORSCHE - AUDI DEALERSHIP, LOT 8, CAR COUNTRY
Statement of the Matter
Exhibit I is a request that a building permit be issued for a Porsche-Audi
dealership building as an additional structure on Lot 8 of the commercial
subdivision known as "Car Country" on Paseo del Norte. There presently is
a Volkswagen-Audi dealership on the northerly half of Lot 8.
A building permit had originally been accepted for processing based on an
interpretation that the application was exempt from the sewer moratorium
ordinance because sewer and restroom facilities were existing on Lot 8 and
that sewer connection permits were not required or necessary at this time.
A reexami nation of the permit application has resulted in a finding by the
City Manager that the application does not meet the exemption requirement
of the moratorium ordinances.
The applicant has requested that the City Council review this decision as
provided for in the moratorium ordinance.
Exhibit
4 Letter fron Robert C. Knauf dated December 27, 1977
Recommendation
Section 2 of Ordinance 8073 reads - Building Permits may be
processed and issued when the City Manager determines, pursuant
to the provisions of the Municipal Code, that no new sewer permit
would be necessary in connection with the work. The City Manager's
determination may be appealed to the City Council .whose decision
shall be final.
The City Council should make a policy determination if this case
falls within the policy intent of Ordinance 8073.
Council action
n , 7Q T, ' • -,.,. . contained in1-3-78 The Council determined that the findings a*/the Planning Commission
Resolution #1420 constituted the findings of the City Council, and
the appeal was granted and staff instructed to issue a building• perrm t-
RAYMOND F. FEIST
NORMAN L. VETTER
ROBERT C. KNAUF
JOHN I. LOY
SUZANNE W. KNAUF
RAYMOND F. FEIST, JR.
CHARLES L. CURRIER
ALAN H. BURSON
LAW OFFICES
FEIST, VETTER, K.NAUF AND LOY
SIO MISSION AVENUE, SUITE 3OO
POST OFFICE BOX 24O
OCEANSlDE. CALIFORNIA 92054
December 27, 1977
AREA CODE 714
TELEPHONE; 732-191-4
Mr. Paul D. Bussey
City Manager
City of Carlsbad
1200 Elm Avenue
Carlsbad, California 92008
Dear Mr. Bussey:
This is a request on behalf of Donald D. Sharp that a
building permit be issued for the Porsche-Audi building as an
additional structure on Lot 8 in Car Country.
The request is submitted under provisions of the Moratorium
Emergency Ordinance permitting issuance by the City Manager of
a building permit when no new sewer connection is necessary in
connection with the proposed improvement.
As you are aware, Mr. Sharp is proposing an additional
building on Lot 8 of Car Country where his Volkswagen-Audi
dealership is located. Sharp's present Audi franchise will be
joined with Porsche in the proposed new building. This building
can be served by the rest room facilities in the existing
Volkswagen building. This is the basis of the findings of the
Planning Commission in approving the additional building at the
hearing on October 26, 1977. A copy of Planning Commission
Resolution No. 1420 containing the approval of the new building
as required by Specific Plan 19 for Car Country is enclosed.
Coastal Commission approval of the additional building was
granted August 5, 1977. The plans have been processed by your
staff and the permit is ready to issue.
Although the additional building will operate by utiliza-
tion of the Volkswagen facility rest rooms, Mr. Sharp will
continue to seek a sewer permit through the allocation process.
The proposed Porsche-Audi facility rated highest in the general
commercial category (38 points) in the point rating for
allocations.
Mr. Paul D. Bussey 2. December 27, 1977
We have a situation here where an additional building
on a single lot on which there is already existing sewer
services is being sought. The building permit can be issued
within the general city ordinance provisions and the Emergency
Moratorium Sewer Ordinance.
It is respectfully requested that, if necessary, this
matter be placed on the City Council agenda as soon as possible
because Porsche officials granted Mr. Sharp last April a
dealership based on a condition that the facility be constructed
within a reasonable time. Porsche officials have indicated a
reasonable length of time is at hand.
Thank you for your consideration.
Very truly yours,
FEIST, VETTER, KNAUF AND LOY
Robert C. Knauf
Enclosure
cc:Mr. Donald D. Sharp
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PLANNING COMMISSION RESOLUTION NO. 1_42_0_
RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, REQUESTING A
NEW FOREIGN CAR DEALERSHIP ON PROPERTY GENERALLY
LOCATED ON THE EAST SIDE OF PASEO DEL NORTE
IMMEDIATELY SOUTH OF THE EXISTING DON SHARP
DEALERSHIP.
CASE NO: PCD-5
APPLICANT: TOM RICHARDSON
WHEREAS, a verified application for certain property to
wi t :
Lot 8 of Carlsbad Tract 72-3
has been filed with the City of Carlsbad and referred to the
Planning Commission; and
WHEREAS, said verified application constitutes a reguest
as provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the 26th day of
October, 1977, hold a duly noticed public hearing as prescribed
by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering
the testimony and arguments, if any, of all persons who desired
to be heard, said Commission considered all factors relating to
the Planning Commission Determination (PCD-5) and found the
following facts and reasons to exist:
1) The plans are compatible with existing development in car
country and applicable to SP-19.
2) Public Facilities have been met on the site since this project
is part of existing development to the north.
3) The proposed tentative tract map is consistent with applicable
City Public Facilities Policies and Ordinances because:
a) Sewer is available at the existing building on the
northerly potion of the subject site.
b) All other public facilities are available or will be
required by conditions of approval.
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NOW, THEREFORE , BE IT RESOLVED by the Planning Commission
of the City of Carlsbad, as follows:
A) That the above recitations are true and correct.
B) That in view of the findings heretofore made and considering
the applicable law, the decision of the Planning Commission is
to approve PCD-5, subject to the following conditions:
1) That development shall occur substantially' as shown
on the approved plans A through E, dated 10/18/77.
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2) The portion of the plan that shows no development shall be
paved with asphaltic concrete to the satisfaction of the
City Engineer.
3) That pedestrian access between the two buildings be well
ma'rked until a sewer permit can be obtained and based on the
findings and conditions in the staff report.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
City of Carlsbad Planning Commission held on October 26, 1977,
by the following vote, to wit:
AYES: Commissioner Larson, Rombotis, Watson, Jose,
Woodward .
NOES:
ABSENT:
None.
Commissioner Fikes , L'Heureux.
'xS$HJC LARSON, Chairman
ATTEST:
J-AMES C. HAGAMAN, Secretary
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