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Home My WebLink About2005-03-16; Planning Commission; Resolution 58611 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. 5861 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A DEMOLISH A PORTION OF AN EXISTING SERVICE BUILDING AND TO EXPAND THE EXISTING WESELOH CHEVROLET DEALERSHIP TO ALLOW A NEW 9,847 SQUARE FOOT HUMMER DEALERSHIP BUILDING WITHIN THE CAR COUNTY SPECIFIC PLAN AREA ON A 4.56 ACRE SITE LOCATED SOUTH OF CANNON ROAD, WEST OF PASEO DEL NORTE, AND EAST OF INTERSTATE 5 IN THE CITY’S COASTAL ZONE, AND LOCAL FACILITIES MANAGEMENT ZONE 3. CASE NAME: WESELOH CHEVROLET HUMMER COASTAL DEVELOPMENT PERMIT, CDP 04-56 TO C-2 ZONE, WITHIN THE MELLO I1 SEGMENT OF THE CASE NO.: CDP 04-56 WHEREAS, Charles B. Weseloh Jr., “Developer/Owner,” has filed a verified application with the City of Carlsbad regarding property described as Lot 2 of Carlsbad Tract No. 72-3, in the City of Carlsbad, County of San Diego, State of California, According to Map thereof No. 7492, filed in the office of the County Recorder of San Diego County, November 30,1972 (“the Property”); and WHEREAS, said verified application constitutes a request for a Coastal Development Permit as shown on Exhibits “A” - “H” dated March 16, 2005, on file in the Planning Department, WESELOH CHEVROLET HUMMER - CDP 04-56, as provided by Chapter 2 1.20 1.040 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 16th day of March 2005, 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. 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 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. B) That based on the evidence presented at the public hearing, the Commission APPROVES WESELOH CHEVROLET HUMMER - CDP 04-56 based on the following findings and subject to the following conditions: Findings: 1. 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 Hummer dealership building is consistent with the LCP Land Use Plan. 2. 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. 3. 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 demolition of a portion of an existing service building and addition of a 9,847 square foot building for the Hummer dealership is for a site already improved with an automobile dealership and service facility and the new addition will be architecturally compatible 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. 4. 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 2 1.202 of the Zoning Ordinance). 5. 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 21.204 of the Zoning Ordinance). 6. All findings of Planning Commission Resolution No. 5860 for PCD 05-01 are incorporated herein by reference. Conditions: Note: Unless otherwise specified herein, all conditions shal grading or building permit. PC RES0 NO. 5861 -2- be satisfied prior to issuance of a 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 1. 2. 3. 4. 5. 6. If any of the following conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, 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 Coastal Development Permit. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Coastal Development Permit documents, as necessary to make them internally consistent and in conformity 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. 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 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, (b) City’s approval or issuance of any permit or action, whether discretionary or non- discretionary, 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 all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City’s approval is not validated. This approval is granted subject to the approval of PCD 05-01 and is subject to all conditions contained in Planning Commission Resolution No. 5860 for those other approvals incorporated herein by reference. 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 2 1.201.2 10 of the Zoning Ordinance. All construction activities shall be planned so that grading will occur in units that can be easily completed within the summer construction season. All grading operations shall be limited to April 1 to October 1 of each year. All areas disturbed by grading shall be planted within 60 days of initial disturbance and prior to October 1 with temporary or permanent (in the case of finished slopes) erosion control methods. The October 1 grading season deadline may be extended with the approval of the City Engineer subject to implementation by October 1 of erosion control measures designed to prohibit discharge of sediments offsite during and after the grading operation is completed. Extensions beyond November 15 may be allowed in areas of very low risk of impact to sensitive coastal resources and may be approved either as part of the original coastal development permit or as a formal amendment to an existing coastal development permit. PC RES0 NO. 5861 -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 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 feedexactions 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 feedexactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 16th day of March 2005, by the following vote, to wit: AYES: Chairperson Segall, Commissioners Baker, Cardosa, Dominguez, Heineman, Montgomery and Whitton NOES: ABSENT: ABSTAIN: 3 JEFFRE . SEGALL, airperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Assistant Planning Director PC RES0 NO. 5861 -4-