HomeMy WebLinkAboutCD 2022-0034; TOYOTA CARLSBAD; Admin Decision LetterJanuary 26, 2023
Justin Knight
6030 Avenida Encinas, Suite 220
Carlsbad, CA 92011
BFILE COPY
SUBJECT: CD 2022-0034 (DEV2022-0130) -TOYOTA CARLSBAD
CCityof
Carlsbad
The City Planner has completed a review of your application for Consistency Determination CD 2022-0034,
(APN: 211-060-16-00) which is a modification to CDP 2020-0024/SDP 2020-0002, a request for the
construction of a new 24,381 square-foot automobile dealership, located on a 2.93-acre lot at 5424 Paseo
del Norte.
After careful consideration of the request, the City Planner has determined that the request meets all of
the findings below and APPROVES this request. The proposed modifications include:
• Reduction in total building square footage at the rear of the building from 24,381 to 22,342
(2,039 square-foot reduction).
• Removal of one new-car delivery bay.
• Removal of vehicle door at showroom from the south elevation.
• Redesign of interior space.
In order for a Discretionary Permit Consistency Determination to be approved, all of the following findings
must be made:
1) No project condition, feature, facility or amenity is changed or deleted that had been considere(i
essential to the project's design, quality, safety or function in that the reduction in the total
building area at the rear of the building and minor changes to the exterior and interior do not
significantly change the project's design, quality, safety or function.
2) The request represents an upgrade in overall design features and or materials and improves upon
the project's compatibility with the surrounding neighborhood in that the change provides better
functionality for the car dealer and is not discernable from the exterior of the building.
3} The proposed revision does not change the density or boundary of the subject property.
4) The proposed revision does not involve the addition of a new land use not shown on the original
permit.
5) The proposed revision does not rearrange the major land uses within the development.
6) The proposed revision does not create changes of greater than ten percent provided that
compliance will be maintained with the applicable development standards of the Carlsbad
Municipal Code in that the reduction in the reduction in total building square footage from
24,381 to 22,342 (2,039 square-foot reduction) is less that 10 percent of the total originally
proposed.
Community Development Department
Planning Division J 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 442-339-2600 www.carlsbadca.gov
. CD 2022-0034 (DEV2022-0130) -TOYOTA CARLSBAD
January 26, 2023
Page 2
7) The proposed change will not result in any significant environmental impact, and/or require
additional mitigation.
8) The proposed change would not result in any health, safety or welfare impacts.
9} There were not any major issues or controversies associated with the original project which would
be exacerbated with the proposed change.
10} The proposed change would not be readily discernable to the decision makers as being
substantially different from the project as originally approved.
Therefore, the City Planner has determined that the application qualifies for a consistency determination
with the approved permit and approves the changes to the project based on Planning Division
Administrative Policy No. 35.
. 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 the 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 will 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.
This decision may be appealed by you or any other member of the public to the Planning Commission
within ten days of the date of this letter. Appeals must be submitted in writing to the Planning Division
at 1635 Faraday Avenue in Carlsbad, along with a payment of $847. The filing of such appeal within such
time limit shall stay the effective date of the order of the City Planner until su,ch time as a final decision
on the appeal is reached. If you have any questions regarding this matter, please feel to contact Esteban
Danna at (442) 339-2629.
CITY OF CARLSBAD
ERIC LARDY, AICP
City Planner
EL:ED:JC
CD 2022-0034 (DEV2022-0130) -TOYOTA CARLSBAD
January 26; 2023
Page 3
c: Stellar Properties, LLC., 6030 Avenida Encinas, Suite 220, Carlsbad, CA 92011
Charlotte Friedman, 100 Peachtree Street NW, Suite 1450, Atlanta, GA 30303
Emad Elias, Project Engineer
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