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HomeMy WebLinkAboutCDP 2017-0052; TOYOTA OF CARLSBAD MONUMENT SIGN; Admin Decision Letter3- I ^r-ii r- CcityofFILE Carlsbad MINOR COASTAL DEVELOPMENT PERMIT NOTICE OF DECISION Novembers, 2017 Rajin Ravi Permits and More Suite 300 101 West Broadway San Diego, CA 92101 RE: CDP 2017-0052 (DEV2017-0179) - TOYOTA OF CARLSBAD MONUMENT REPLACEMENT The city has completed a review of the application for a Minor Coastal Development Permit for the replacement of an existing, non-Illuminated, 24-foot-tall, 192 square foot monument sign at the Toyota Used Vehicles dealership located on the northeast corner of Cannon Road and Paseo Del Norte with a 24- foot-tall 192 square foot illuminated monument sign in the same location. The property address is 5124 Paseo Del Norte and the site is located within the boundaries of the Car Country Specific Plan and the Mello II Segment of the Local Coastal Program. It is the City Planner's determination that the project, CDP 2017-0052 - TOYOTA OF CARLSBAD MONUMENT REPLACEMENT, is consistent with the city's applicable Coastal Development Regulations (Carlsbad Municipal Code Chapters 21.201-21.203), and with all other applicable city ordinances and policies. The City Planner, therefore, APPROVES this request based upon the following: 1. That the total cost of the proposed development is less than $60,000. 2. That the proposed development requires no discretionary approvals other than a Minor Coastal Development Permit. 3. That the development is In conformity with the public access and public recreation policies of Chapter 3 of the Coastal Act, in that no opportunities for coastal access are available from the subject site, nor are public recreation areas required of the project In that the property Is not located adjacent to the shore and no opportunities for coastal access are available from the subject site, nor are public recreation areas required of the project. 4. The proposed development will have no adverse effect on coastal resources, in that the site is developed with an auto dealership, parking lot, and mature landscaping. Additionally, the project is located in an area that is already disturbed and, therefore, will not have an adverse effect on coastal resources. Community & Economic Development Planning Division 1 1635 Faraday Avenue Carlsbad, CA 92008-73141 760-602-46001 760-602-8560 f | www.carlsbadca.gov CDP 2017-0052 (DEV2u-x/-0179) -TOYOTA OF CARLSBAD MONUIV.w.,. REPLACEMENT November 9,2017 Page 2 5. That the proposed deveWpimenWinrconfOTmance with the Mello II Segment of the Certified Local Coastal Program and all applicable policies In that the proposed monument sign replaces an existing monument sign in the same location at a Toyota auto dealership. The dealership and ancillary uses are consistent with the ICR Land Use Plan, which designates the site Regional Commercial (R) and allows for regional commercial-related uses. Furthermore, no agricultural activities, sensitive resources, geological instability, flood hazard, or coastal access opportunities exist onsite, and the 24-foot-tall monument sign will not obstruct views of the coastline as seen from public lands or public right-of-way or otherwise damage the visual beauty of the coastal zone. 6. 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, and the National Pollutant Discharge Elimination System (NPDES) requirements to avoid Increased urban run-off, pollutants and soil erosion. In addition, the area of the addition Is relatively flat and does not contain natural steep slopes greater than 25 percent gradient; no native vegetation will be removed; and the site Is not located in an area prone to landslides, or susceptible to accelerated erosion, floods or liquefaction. 7. That the request for a minor coastal development permit was adequately noticed at least ten (10) calendar days before the date of this decision pursuant to Section 21.201.080(B) and (C) of the Carlsbad Coastal Development Regulations. 8. That the City Planner has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15311(a) - Accessory Structures of the State CEQA Guidelines and will not have any adverse significant impact on the environment. 9. The City Planner 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. Conditions: 1. The City Planner does hereby APPROVE the Minor Coastal Development Permit, CDP 2017-0052, for the project entitled Toyota Monument Sign Replacement (Exhibits "A"-"C"), dated November 9,2017, on file in the Planning Division and incorporated by this reference, subject to the conditions herein set forth. 2. If any of the following conditions fall to occur; or If they are, by their terms, to be implemented and maintained overtime, 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 Minor Coastal Development Permit. CDP 2017-0052 (DEV2017-0179) -'iutOTA OF CARLSBAD MONUMENT REPljfliCENlENT November 9, 2017 Page 3 3. Staff is authorized and directed to make, or require the Developer to make, aii corrections and modifications to the Minor Coastal Development Pemnit documents, as necessary to make them intemaliy consistent and inconformity 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. 4. The Developer shall comply with aii applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. r 5. If any condition for construction of any public improvements or facilities, or the payment of any fees in-iieu 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 aii 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 agamst any and aii 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 Minor 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 ail liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until aii legal proceedings have been concluded and continues even if the city's approval is not validated. 7. 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. 8. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #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 5, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit, if the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. 9. Priorto the issuance of the building permit. Developer shall submit to the city a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the^ City Planner, notifying aii interested parties and successors in interest that the City of Carlsbad has issued a Minor Coastal Development Permit 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. CDP 2017-0052 (DEV20i7-0179) - TOYOTA OF CARLSBAD MONUM^.Yi REPLACEMENT November 9/2017 Page 4 ^ 10. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and ali other applicable city ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. NOTICE This decision may be appealed by you or any member of the public to the Planning Commission within ten days of receipt of this letter. Appeals must be submitted in writing to the Planning Commission at 1635 Faraday Avenue in Carlsbad, along with a payment of $850.00 plus notice fees. The filing of such appeal within such time limit shall stay the effective date of the order of the City Pianner until such time as a final decision on the appeal is reached. 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 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. If you'have any questions regarding this matter, please feel free to contact Shannon Marker at (760) 602- 4621 or by email at shannon.harker@carlsbadca.eov. aTY OF CARLSBAD TERI DELCAMP Principal Planner TD:SH:fn Attachment: Approved Exhibit c: Judith Jories-Cone, 6030 Avenida Encinas, Carlsbad, CA 92011 Jeremy Riddle, Project Engineer File Copy Data Entry