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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 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 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. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 26 27 28 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. » 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 (2)