HomeMy WebLinkAbout2005-06-15; Planning Commission; Resolution 59151
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PLANNING COMMISSION RESOLUTION NO. 5915
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
COASTAL DEVELOPMENT PERMIT FOR THE DEMOLITION
OF AN EXISTING 7,640 SQUARE FOOT SERVICE FACILITY
AND CONSTRUCTION OF NEW SERVICE, SALES, AND
PARTS STORAGE FACILITIES TOTALING 20,845 SQUARE
FEET AT AN EXISTING NEW CAR DEALERSHIP IN CAR
COUNTRY CARLSBAD ON PROPERTY GENERALLY
LOCATED AT 5425 PASEO DEL NORTE IN THE MELLO II
SEGMENT OF THE CARLSBAD LOCAL COASTAL
PROGRAM IN LOCAL FACILITIES MANAGEMENT ZONE 3.
CASE NAME: NORTH COUNTY PONTIAC/GMC
CASE NO.: CDP 04-42
WHEREAS, Carlsbad Auto Park Properties, LLC, “Developer/Owner,” has
filed a verified application with the City of Carlsbad regarding property described as
Lot No. 3, Carlsbad Tract No. 72-3, recorded as Map No. 7492
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Planning
Commission Determination as shown on Exhibits “A” - ccK’’ dated June 15,2005, on file in the
Planning Department NORTH COUNTY PONTIAC/GMC - PCD 04-02 as provided by
Chapter 21.201.040 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 15th day of June 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.
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.
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B) That based on the evidence presented at the public hearing, the Commission
APPROVES NORTH COUNTY PONTIAUGMC - CDP 04-42 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
Pontiac/GMC dealership building is consistent with the LCP Land Use Plan. The
project site has been previously disturbed and is developed with an existing auto
dealership, service buildings and associated parking. The proposed project will not
obstruct views of the coastline as seen from public lands or the public right-of-way
or otherwise damage the visual beauty of the coastal zone. No agricultural uses
currently exist on the site, nor are there any sensitive resources located on the
property. The proposed project is not located in an area of known geologic
instability or flood hazard. No public opportunities for coastal shoreline access are
available from the subject site since it is not located between the first public road
and the ocean and no public access requirements are conditioned for the project.
There are no steep slopes or natural vegetation on the subject site. Surface runoff
from the development will be collected and diverted through grass lined swales and
through runoff filtration units, which will discharge to an existing paved public
drainage swale along the westerly property line.
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 2 1.203 of the Zoning Ordinance) in that the proposed demolition of an
existing 7,640 square foot service building and addition of a 20,845 square feet of
building for the Pontiac/GMC 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).
PC RES0 NO. 5915 -2-
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6. All findings of Planning Commission Resolution No. 5914 for PCD 04-02 are
incorporated herein by reference.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
grading or building permit whichever occurs first.
1. 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.
2. 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.
3. 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, fkom (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.
4. This approval is granted subject to the approval of PCD 04-02 and is subject to all
conditions contained in Planning Commission Resolution No. 5914 for those other
approvals incorporated herein by reference.
5. 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 Zoning Ordinance.
6. 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
PC RES0 NO. 5915 -3 -
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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.
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 fiom 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 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.
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PC RES0 NO. 5915 -4-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 15th day of June 2005, by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Cardosa, Dominguez,
Heineman, Montgomery, and Whitton
NOES:
ABSENT:
ABSTAIN:
Q45, JEFFRE N. EGALL, C au-person
CARLSBAD PLANNING COMMISSION
ATTEST: n
DON NEU
Assistant Planning Director
PC RES0 NO. 5915 -5-