Loading...
HomeMy WebLinkAbout2003-02-19; Planning Commission; Resolution 53661 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 A PLANNING COMMISSION RESOLUTION NO. 5366 4 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A THE ADDITION OF A ONE STORY, 2,309 SQUARE FOOT SERVICE FACILITY AT AN EXISTING CAR DEALERSHIP ON PROPERTY GENERALLY LOCATED AT 5215 CAR COUNTRY DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 3. CASE NAME: HOEHN AUDI SERVICE BAYS CASE NO.: CDP 02-48 COASTAL DEVELOPMENT PERMIT, CDP 02-48 TO ALLOW WHEREAS, The Hoehn Group, LLC, “Developer”/”Owner,” has filed a verified application with the City of Carlsbad regarding property described as All of the portion of Lot 4 of Carlsbad Tract No. 87-3, in the City of Carlsbad, County of San Diego, State of California, According to Map thereof No. 12242, filed in the office of the County Recorder of San Diego County on October 28,1988 (“the Property”); and WHEREAS, said verified application constitutes a request for a Coastal Development Permit as shown on Exhibits “A” - “D” dated February 19, 2003, on file in the Planning Department, HOEHN AUDI SERVICE BAYS - CDP 02-48, as provided by Chapter 21.201.040 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 19th day of February 2003, hold a duly noticed public hearing as prescribed by law to consider said request; and 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 CDP. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. 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 B) That based on the evidence presented at the public hearing, the Commission APPROVES HOEHN AUDI SERVICE BAYS - CDP 02-48 based on the following findings and subject to the following conditions: Findings: 1. 2. 3. 4. 5. That the proposed development is in conformance with the Mello I1 Segment of the Certified Local Coastal Program (LCP) and all applicable policies in that the proposed addition of service bays is consistent with the LCP Land Use Plan. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that the project is located outside of the coastal shoreline development overlay zone. Therefore, compliance with the public access and recreation policies of Chapter 3 of the Coastal Act is not required. The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that the proposed addition of service bays is for a site already improved with an automobile dealership and the new addition will be architecturally integrated with the existing building; no steep slopes will be affected by the project and no 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. 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). 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 2 1.204 of the Zoning Ordinance). Conditions: 1. Staff is authorized and directed to make, or require Developer to make, all corrections and modifications to the Coastal Development Permit document(s) necessary to make them internally consistent and in conformity with final action on the project. Development shall occur substantially as shown in the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. 2. The applicant shall apply for and be issued building permits for this project within two (2) years of approval or this coastal development permit will expire unless extended per Section 21.201.210 of the Carlsbad Municipal Code. 3. This approval is granted subject to the approval of the SDP 88-04(B) and is subject to all conditions contained in Resolution No. 5365 for that other approval incorporated by reference herein. 4. Developer/Operator shall and does hereby agree to indemnifl, protect, defend and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and PC RES0 NO. 5366 -2- 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 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, and (b) City’s approval or issuance of any permit or action, whether discretionary or non- discretionary, in connection with the use contemplated herein. This obligation survives until all legal proceedings have been concluded and continues even if the City’s approval is not validated. 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 feedexactions. 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. ... ... ... ... ... ... PC RES0 NO. 5366 -3- 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 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 19th day of February 2003, by the following vote, to wit: AYES: Chairperson Baker, Commissioners Heineman, Montgomery, Segall, White, and Whitton NOES: None ABSENT: Commissioner Dominguez ABSTAIN: None Chairperson COMMISSION ATTEST: Planning Director PC RES0 NO. 5366 -4-