HomeMy WebLinkAboutPRE 2025-0050; HYUNDAI CARLSBAD REMODEL; Admin Decision LetterOctober 8, 2025
Adam Kooienga
5900 Pasteu Ct. Suite 200A
Carlsbad, CA 92008
{"city of
Carlsbad
SUBJECT: PRE 2025-0050 (DEV2025-0067) -HYUNDAI CARLSBAD REMODEL
APN: 211-080-12-00
Thank you for submitting a preliminary review to renovate an existing 23,732-square-foot auto sale and
serving building on a 2.9-acre site located at 5215 Car Country Drive (APN 211-080-12-00). The project
proposes a 1,823 square foot addition to the sales/showroom, replacement of an approximately 1,420-
square-foot service canopy, and an interior remodel. The interior remodel will revise the square footages
of the existing uses, and will result in 8,121 square feet of sales areas, 1,922 square feet of general office,
5,909 square feet of parts areas, and 10,753 square feet of service area with 18 service bays.
The project site shares access and parking with a 1.6-acre property directly to the south which contains
an existing 8,103-square-foot Enterprise Rental Car building and a 6,845-square-foot auto service and
office building; however no changes are proposed to these buildings.
Hyundai Carlsbad currently occupies a property south of the project site at 5285 Car Country Drive (APN
211-080-05-00) which contains an auto sales/showroom and office building and a 7,196-square-foot
service building with 10 service bays. Hyundai plans to relocate their sales operation to the project site
but will continue to use the service building on the property they currently occupy. The long-term use and
operations plan for the exiting Hyundai showroom and office are unknow.
The project site shares 256 surface parking spaces with the property to the south. The project also
proposes utilizing 175 off-site parking spaces at an existing auto storage lot located at 5819 Dryden Place
(APN 212-091-03-00).
In response to your application, the Planning Division has prepared this comment letter. Please note that
the purpose of a preliminary review is to provide you with direction and comments on the overall concept
of your project. This preliminary review does not represent an in-depth analysis of your project. It is
intended to give you feedback on critical issues based upon the information provided in your submittal.
This review is based upon the plans, policies, and standards in effect as of the date of this review. Please
be aware that at the time of a formal application submittal, new plans, policies, and standards may be
in effect and additional issues of concern may be raised through a more specific and detailed review.
Community Development Department
Planning Division I 1635 Fa raday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
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Planning:
1. General Plan and zoning designations for the property are as follows:
a. General Plan: The General Plan Land Use designation for the project site is Regional
Commercial (R).
b. Zoning: The project site is zoned General Commercial and is within the Qualified Development
Overlay Zone (C-2-Q).
c. Coastal Zone: The project site is located within the non-appealable area of the Coastal Zone
and is subject to the Mello II Segment of the Local Coastal Program (LCP). The LCP Land Use
and Zoning are consistent with the City's General Plan Land Use and Zoning designations for
the site.
d. Overlay Zones: The site is within the Qualified Overlay Development Zone and the
Commercial/Visitor-Serving Overlay Zone. Pursuant to Carlsbad Municipal Code (CMC)
section 21.208.030, the requirements of the Commercial/Visitor-Serving Overlay Zone do not
apply to properties used as automobile dealerships within the Car Country Carlsbad Specific
Plan area.
e. Master Plan: Parts 1 and 2 of lot 4 in the Car Country Carlsbad Specific Plan (SP 19(J))
expansion area.
2. The project requires the following permits:
a. Minor Site Development Plan (SDP) - A Minor SDP is required for the construction of a new
building that would result in an increase between 10 and 50 percent of the combined total floor
area of all existing buildings onsite (per SP 19(1) and Carlsbad Municipal Code Chapter 21.06). If
the CDP requires approval from the Planning Commission, the Minor SDP will also require
approval from the Planning Commission.
b. Minor Coastal Development Permit (Minor CDP) or Coastal Development Permit (CDP) -The
project is within the coastal zone, within the Mello II segment of the Local Coastal Program. The
decision-maker for a Minor CDP is the City Planner, while the decision-maker for a CDP is the
Planning Commission.
Development with a building valuation less than $60,000 qualify for a Minor CDP, while
developments costing $60,000 or more qualify for a Coastal Development Permit. The City
Planner shall make the final determination regarding a project's cost of development. The
primary basis for determining the cost of development will be the application of dollar costs per
square foot for different types of construction. These costs are set by the International
Conference of Building Officials (ICBO) and are applied throughout San Diego County. For more
information on determining the cost of construction please see the Project Valuation Form (B-29).
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
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Contractor proposals may also be submitted for consideration by the City Planner. Please refer
to the current fee schedule for the appropriate $/square foot fee rate. The decision-making
authority for a Minor CDP is the City Planner. The decision-making authority for a Major CDP is
the Planning Commission. The CDP will not be appealable to the California Coastal Commission.
c. Landscape Permit: A landscape permit is required if more than 500 square feet of landscaping is
proposed. Please indicate the amount of proposed/modified landscaping. See Car County
Carlsbad Specific Plan, Expansion Area, Part 3 section IV for landscape standards.
3. New requirements related to the city's goals to reduce greenhouse gas (GHG) emissions will likely
impact development requirements of this project. A formal application submittal will need to include
a completed Climate Action Plan Checklist (Form P-30) to determine what requirements will apply to
the project. New GHG reduction requirements are related to energy efficiency, photovoltaic, electric
vehicle charging, water heating and traffic demand management requirements, as set forth in the
California Green Building Standards Code and in Carlsbad Municipal Code Chapters 18.21, 18.30 and
18.51 which is available on the city's website at the following address:
http://www.geode.us/codes/ ca rlsbad/view. php ?topic=18&frames=on
To the extent that new GHG reduction requirements are in effect at the time of application for grading
or building permits, the project will be required to comply with the effective requirements even if
different than what is proposed in the project's planning approvals. GHG reduction requirements may
impact, but are not limited to, site design and local building code requirements. If incorporating new
GHG reduction requirements results in substantial modifications to the project after planning
approvals are obtained, then prior to issuance of grading or building permits, the applicant may be
required to submit and receive approval of a Consistency Determination or an Amendment
application for the project through the Planning Division.
4. The plans indicate that the existing service building, located on the same lot as the current Hyundai
showroom, will remain in operation as an "auxiliary service building." Please clarify the proposed use
of the existing Hyundai showroom on this lot. For example, will it continue to function as a showroom
and sales building, or is an alternative use proposed?
5. Parking and Circulation.
a. Provide a parking table on the site plan . The parking table should include the square footage of
each use, a calculation for the required number of parking spaces pursuant to the Car Country
Carlsbad Specific Plan, and the total number of parking spaces provided on-site.
b. Parking shall be provided as follows:
i. Administrative office/sales: 1 space per 400 square feet of gross floor area. 20% of the
required stalls shall be designated as customer parking.
ii. Repair: 4 spaces per work bay for the first 3 bays, 2 spaces per work bay in excess of 3. Work
bays shall not count as parking spaces.
Community Development Department
Plan ning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
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iii.
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v.
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Parts: 1 space per 1,000 square feet of gross floor area for auto parts customers. 1 space per
1,250 square feet of gross floor area for auto parts employees.
Car rental: 1 space per 250 square feet of gross floor area for customers and employes plus
rental car fleet parking through a fleet parking plan
Storage and Display (new and used vehicle inventory): on-site storage of vehicles is permitted
so long as it does not encroach into any employee or customer designated parking spaces.
All required customer and employee parking spaces shall be striped and designated as such
to the satisfaction of the City Planner
c. Please note, the proposed off-site parking located at 5819 Dryden Place, was approved for the
storage of new automobiles by Conditional Use Permit CUP 02-05 on May 1, 2002 (see attached
Planning Commission Resolution No. 5188).
In December 2007, the Conditional Use Permit was amended to allow for incidental storage of
automobile dealership documents within six sea cargo containers as well as the incidental
landscape/equipment storage for Callaway Golf on the southern portion of the lot (the proposed
location of the project's vehicle storage). See Planning Commission Resolution No. 6358
(attached). Condition 10.d of the amendment allows for the conversion of the Callaway Golf
storage area into new automobile storage without an additional amendment to the CUP and
stipulates that travel and surface improvements for vehicle storage areas must comply with the
requirements of Planning Commission Resolution No. 5188.
d. Clearly show internal circulation/access on plans and label all easements to demonstrate how the
ancillary service building will be accessed from the showroom/service building.
6. Development Standards. The project is subject to the development standards pursuant to Part 3
Section Ill of the Car Country Carlsbad Specific Plan, which includes, but is not limited to, the following:
a. Building Coverage: 25%
b. Building Height: 35 feet and two stories
c. Architectural Design and Material: The design of exterior building elements and fencing shall be
compatible with the existing style of Car Country, generally described as Spanish or
Mediterranean motifs with special attention given to the architectural details of all west facing
elevations to ensure that they are visually attractive when viewed from 1-5 and Paseo Del Norte.
Exterior walls shall incorporate design elements and colors (warm, muted earth tones) that are
consistent with the Spanish or Mediterranean architectural styles. Roof elements shall include a
mission clay barrel tile or S-tile design of terra cotta coloring (red El Camino blend, or Bernardo
blend).
d. Setbacks:
i. 25-foot front yard (Car Country Drive)
ii. 10-foot interior side yard (south property line)
iii. 25-foot street side yard (Auto Center Drive)
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
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iv. Roof overhangs and other unsupported architectural devices may project six (6) feet into the
setback areas.
e. Outdoor eating facilities for employees shall be provided consistent with CMC Section 21.34.070
(3). Please show outdoor eating facilities on the plans.
f. Outdoor lighting shall be designed to minimize glare to surrounding properties and distant
neighborhoods. All outdoor lighting fixtures and pole specifications with respect to height, type,
projected angle of light, material, colors and use, shall be consistent with the existing Car Country.
Provide an outdoor lighting plan.
7. Signage. All signage within the Car Country Specific Plan area shall require a separate sign permit
which shall be determined by the City Planner (or designee) to be in compliance with the Specific Plan
and CMC Chapter 21.41, except as otherwise defined in the specific plan. Please see Car Country
Carlsbad, Part 4 Comprehensive Sign Standards. Please note on the plans that all signs are under a
separate permit.
8. Building Design . Staff has reviewed the two elevation options submitted and prefers Option 1.
However, additional Spanish/Mediterranean architectural elements should be incorporated to better
align the design with the Car Country Carlsbad Specific Plan. Please consider the following
recommendations:
a. Add a rounded arch to the main showroom addition entry.
b. Use arched windows on the showroom addition.
c. Incorporate architectural details such as cornices, pillars, rafter tails, and recessed
windows/doors.
d. Extend the existing slump stone veneer onto the proposed addition and service canopy.
e. Use mission-style clay barrel tile or S-tile on the showroom roof.
Please provide colors, materials and details of design elements. See the Premier Cadillac showroom
addition for an example.
All necessary application forms, submittal requirements, and fee information are available at the Planning
counter located in the Faraday Building at 1635 Faraday Avenue or online at
https://www.carlsbadca.gov/departments/community-development/planning. You may also access the
General Plan Land Use Element and the Zoning Ordinance online at the website address shown. Please
review all information carefully before submitting.
Land Development Engineering:
1. A Transportation Demand Management (TOM) plan may be required depending on the number of
employee vehicle trips the project will generate. Calculate the gross employee ADT using the
generation rates from Table 2-2 of the TOM Handbook
at https://www.carlsbadca .gov/home/showpublisheddocument/310/637425981338370000 Show ·
calculations on the Climate Action Plan checklist, Form P-30. If applicable, submit a TOM plan with
your application for discretionary permits.
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
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2. Complete a Stormwater Standards Questionnaire Form E-34. This questionnaire will guide you and
the city in determining what type of reports and storm water mitigation must be completed to satisfy
state and City storm water quality requirements. The questionnaire is located on the City of Carlsbad
website.
3. Provide a Preliminary Title Report (current within the last six (6) months).
4. Annotate and delineate all existing easements and encumbrances listed in the Preliminary Title Report
on the site plan. If any vacations or quitclaims are planned with this development annotate on the
site plan.
5. On the site plan, show and identify all existing surface improvements screened back (curb, gutter,
sidewalk, paving, manholes, inlets, street lights, adjacent driveways, vaults, transformers, etc.) at the
project site, project frontage and within 25 feet of the boundary.
6. Delineate location of all existing and proposed buildings, walls, fences and permanent structures
onsite and within 25 feet of the site.
7. Show existing lot line bearing and distance.
8. Meet with the Fire Department to identify the necessary fire protection measures required for this
project (access, fire hydrants, sprinkler system, on-site circulation, emergency access, etc.)
9. Please be advised that a more in-depth review of the proposed development will occur with the
discretionary permit application when a more complete design of the project is provided.
Carlsbad Fire Department Comments:
No comments.
Building Division
1. Roof alterations are likely to require PV and cool roof.
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
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If you would like to schedule a meeting to discuss this letter with the commenting departments, please
contact Lauren Yzaguirre at the number below. You may also contact each department individually as
follows:
• Planning Division: Lauren Yzaguirre, Associate Planner, at (442) 339-2634
• Land Development Engineering: Jose Sanchez, Project Engineer, at (442) 339-5486
• Frie Department: Felix Salcedo, Assistant Fire Marshall, (442) 339-2663
• Building Division: Mike Strong, Assistant Director of Community Development, at (442) 339-2721
Sincerely,
[rtA_~
ERIC LARDY, AICP
City Planner
EL:LY:cf
Attachments:
Planning Commission Resolution No. 5188
Planning Commission Resolution No. 6358
c: AN Motors of Ft. Lauderdale, Inc., 200 SW l51 Avenue, Ste. 1400, Ft. Lauderdale, FL 33301
Jose Sanchez, Project Engineer
Fire Prevention
Laserfiche/File Copy
Data Entry
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
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PLANNING COMMISSION RESOLUTION NO. 5188
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO ALLOW STORAGE OF NEW
CARS ON PROPERTY GENERALLY LOCATED AT THE
NORTHWEST END OF DRYDEN PLACE IN LOCAL
FACILITIES MANAGEMENT ZONE 5.
CASE NAME: LOT 23 AUTO STORAGE FACILITY
CASE NO.: CUP 02-05
WHEREAS, Michael J. Durkin, "Owner/Developer," has filed a verified
application with the City of Carlsbad regarding property described as
Lot 23 of Carlsbad Tract No. 81-46 Unit No. 1, in the City of
Carlsbad, County of San Diego, State of California, according
to the Map thereof No. 11287, filed in the Office of the County
Recorder of San Diego County, July 16, 1985
("the Property"); and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit as shown on Exhibit(s) "A" -"D" dated May 1, 2002, on file in the Carlsbad Planning
Department, LOT 23 AUTO STORAGE FACILITY -CUP 02-05, as provided by Chapter
21.42 and 21.50 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 1st day of May, 2002, 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 CUP.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission
APPROVES LOT 23 AUTO STORAGE FACILITY -CUP 02-05, based on
the following findings and subject to the following conditions:
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Findin&s:
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That the requested use is necessary or desirable for the development of the community, is
essentially in harmony with the various elements and objectives of the General Plan, and
is not detrimental to existing uses specifically permitted in the zone in which the
proposed use is located, in that the proposed use will provide new car storage facilities
for local auto dealerships, is compatible with the surrounding industrial uses, and
will not generate customer traffic to this area.
That the site for the intended use is adequate in size and shape to accommodate the use, in
that the 4.73 acre lot (3.03 net acres) will be able to accommodate approximately 635
vehicles on site while maintaining the required fire access lanes.
That all the yards, setbacks, walls, fences, landscaping, and other features necessary to
adjust the requested use to existing or permitted future uses in the neighborhood will be
provided and maintained, in that the storage lot will be screened by an 8 foot high
decorative stucco wall along the street frontage and the entire 30 foot front setback
will be landscaped with a combination of trees, shrubs and groundcover. Minimum
10 foot landscape areas are proposed along the side setbacks to screen the
automobiles from the adjacent properties and the property will be secured along the
sides and rear with a 6 foot high chain link fence.
That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the "local" street with a capacity of 2,000
maximum Average Daily Traffic (ADT) is more than adequate to handle the 91
ADT the proposed project is expected to generate.
The project is consistent with the Comprehensive Land Ose Plan (CLUP) for the
McClellan-Palomar Airport, dated April 1994, in that it is a use that will not be
impacted by airport operations since it contains no buildings and will only be used
for storage of new automobiles. The project is compatible with the projected noise
levels of the CLUP; and, based on the noise/land use compatibility matrix of the CLUP,
the proposed land use is compatible with the airport, in that employees will only be at
the site for short durations of time during pick-up or delivery of vehicles.
That the Planning Director has determined that the project belongs to a class of projects
that the State Secretary for Resources has found do not have a significant impact on the
environment, and it is therefore categorically exempt from the requirement for the
preparation of environmental documents pursuant to Section 15332-In-Fill Development
Projects, which exempts in-fill development projects in urbanized areas within the
City limits on sites of no more than 5 acres, of the state CEQA Guidelines. In making
this determination, the Planning Director has found that the exceptions listed in Section
15300.2 of the state CEQA Guidelines do not apply to this project.
The Planning Commission 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.
PC RESO NO. 5188 -2-
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Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
building permit or approval of landscape plans.
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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; 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 Conditional Use Permit
Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Conditional Use 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 appr9ved Exhibits. Any proposed development
different from this approval, shall require an amendment to this approval.
Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu 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
all requirements of law.
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 Conditional Use 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. •
Developer shall submit to the Planning Department a reproducible 24" x 36", mylar
copy of the Site Plan reflecting the conditions approved by the final decision making
body.
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Prior to the issuance of a building pennit, the Developer shall provide proof to the
Director from the School District that this project has satisfied its obligation to provide
school facilities.
This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 5 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
This approval shall become null and void if building pennits are not issued for this
project within 18 months from the date of project approval.
Approval is granted for Lot 23 Auto Storage Facility -CUP 02-05 as shown on Exhibits
"A" -"D", dated May 1, 2002, on file in the Planning Department and incorporated
herein by reference. Development shall occur substantially as shown unless otherwise
noted in these conditions.
11. Building pennits will not be issued for this project unless the local agency providing
water and sewer services to the project provides written certification to the City that
adequate water service and sewer facilities, respectively, are available to the project at
the time of the application for the building pennit, and that water and sewer capacity and
facilities will continue to be available until the time of occupancy.
12. This Conditional Use Permit shall be reviewed by the Planning Director annually to
detennine if all conditions of this permit have been met and that the use does not have a
substantial negative effect on surrounding properties or the public health and welfare. If
the Planning Director detennines that the use has such substantial negative effects, the
Planning Director shall recommend that the Planning Commission, after providing the
pennittee the opportunity to be heard, add additional conditions to reduce or eliminate the
substantial negative effects.
13. This Conditional Use Permit is granted for a period of five (5) years from May 1, 2002 to
April 30, 2007. This pennit may be revoked at any time after a public hearing, if it is
found that the use has a substantial detrimental effect on surrounding land uses and the
public's health and welfare, or the conditions imposed herein have not been met. This
pennit may be extended for a reasonable period of time not to exceed five (5) years upon
written application of the permittee made no less than 90 days prior to the expiration date.
The Planning Commission may not grant such extension, unless it finds that there are no
substantial negative effects on surrounding land uses or the public's health and welfare.
If a substantial negative effect on surrounding land uses or the public's health and welfare
is found, the extension shall be denied or granted with conditions which will eliminate or
substantially reduce such effects. There is no limit to the number of extensions the
Planning Commission may grant.
14. Building permits are required for all walls or fences exceeding 6 feet in height.
15. The project is approved solely for the storage of new automobiles. No used cars,
RV's, or employee parking shall be permitted on site.
PC RESO NO. 5188 -4-
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Landscape
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Notice
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Developer shall submit and obtain Planning Director approval of a Final Landscape and
Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and
the City's Landscape Manual. Developer shall construct and install all landscaping as
shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving
condition, free from weeds, trash, and debris.
The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
landscape plan check process on file in the Planning Department and accompanied by the
project's building, improvement, and grading plans.
Shrubs and groundcover shall be added per the Landscape Manual for Erosion
Control/Slope Revegetation on the rear slope to replace the dead and dying plant
materials. In addition, the irrigation system shall be repaired/replaced to insure that the
plants are adequately watered.
Developer shall report, in writing, to the Planning Director within 30 days, any address
change from that which is shown on the permit application.
Prior to the issuance of a building permit or landscape plan approval, 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 Planning Director, notifying all interested parties and
successors in interest that the City of Carlsbad has issued a Conditional Use Permit by
Resolution No. 5188 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 Planning Director 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.
Prior to issuance of a building permit, the Developer shall prepare and record a Notice
that this property is subject to overflight, sight and sound of aircraft operating from
McClellan-Palomar Airport, in a form meeting the approval of the Planning Director and
the City Attorney (see Noise Form #2 on file in the Planning Department).
Prior to issuance of building permits, the Developer shall record an Avigation Easement
for the property to the County of San Diego and file a copy of the recorded document
with the Planning Director.
En&ineerin& Department:
General
23. Prior to hauling dirt or construction materials to or from any proposed construction site
within this project, Developer shall apply for and obtain approval from, the City Engineer
for the proposed haul route.
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24. Prior to issuance of any building permit, Developer shall comply with the requirements of
the City's anti-graffiti program for wall treatments if and when such a program is
formally established by the City.
Fees/ Aereements
25.
26.
Developer shall cause property owner to execute, record and submit a recorded copy to
the City Engineer, a deed restriction on the property which relates to the proposed cross
lot drainage as shown on the Site Plan. The deed restriction document shall be in a form
acceptable to the City Engineer and shall:
A.
B.
C.
Clearly delineate the limits of the drainage course;
State that the drainage course is to be maintained in perpetuity by the underlying
property owner; and
State that all future use of the property along the drainage course will not restrict,
impede, divert or otherwise alter drainage flows in a manner that will result in
damage to the underlying and adjacent properties or the creation of a public
nuisance.
Prior to approval of any grading or building permits for this project, Developer shall
cause Owner to give written consent to the City Engineer to the annexation of the area
shown within the boundaries of the subdivision into the existing City of Carlsbad Street
Lighting and Landscaping District No. 1, on a form provided by the City Engineer.
Dedications/Improvements
27. Developer shall cause Owner to execute a covenant of easement for private drainage
purposes as shown on the Site Plan. Developer shall provide City Engineer with proof of
recordation prior to issuance of building permit.
28. Developer shall comply with the City's requirements of the National Pollutant Discharge
Elimination System (NPDES) permit, latest version. Developer shall provide
improvements constructed pursuant to best management practices as referenced in the
"California Storm Water Best Management Practices Handbook" to reduce surface
pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such
improvements shall be submitted to and subject to the approval of the City Engineer.
Said plans shall include but not be limited to notifying prospective owners and tenants of
the following:
A. All owners and tenants shall coordinate efforts to establish or work with
established disposal programs to remove and properly dispose of toxic and
hazardous waste products.
B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil,
antifreeze, solvents, paints, paint thinners, wood preservatives, and other such
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29.
C.
fluids shall not be discharged into any street, public or private, or into storm drain
or storm water conveyance systems. Use and disposal of pesticides, fungicides,
herbicides, insecticides, fertilizers and other such chemical treatments shall meet
Federal, State, County and City requirements as prescribed in their respective
containers.
Best Management Practices shall be used to eliminate or reduce surface pollutants
when planning any changes to the landscaping and surface improvements.
Prior to the issuance of grading permit or building permit, whichever occurs first,
Developer shall submit for City approval a "Storm Water Pollution Prevention Plan
(SWPPP)". This site is considered a "priority project" as outlined by the Regional
Water Quality Control Board. The SWPPP shall be in compliance with current
requirements and provisions established by the San Diego Region of the California
Regional Water Quality Control Board. The SWPPP shall identify measures to
reduce to the maximum extent possible storm water pollutant runoff at both
construction and post-construction phases of the project. At a minimum, the
SWPPP shall:
A.
B.
C.
Identify existing and post-development on-site pollutants.
Recommend source control Best Management Practices (BMPs) to filter said
pollutants.
Establish specific procedures for handling spills and routine clean up. Special
considerations and effort shall be applied to employee education on the proper
procedures for handling clean up and disposal of pollutants.
D. Ensure long-term maintenance of all post construct BMPs in perpetuity.
E. Identify how post-development runoff rates and velocities from the site will not
exceed the pre-development runoff rates and velocities for a 10-year 6-hour event.
If maintaining post-development rates at pre-development levels cannot be
achieved, adequate justification, subject to the City Engineer's approval, must be
provided.
Fire Department:
30. Fire lanes shall be provided throughout the lot to the satisfaction of the Fire
Department.
Standard Code Reminders
31. 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
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32.
33.
34.
35.
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.
Developer shall pay a landscape plan check and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
Approval of this request shall not excuse compliance with all applicable sections of the
Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
Developer shall exercise special care during the construction phase of this project to
prevent offsite siltation. Planting and erosion control shall be provided in accordance
with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction
of the City Engineer.
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 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.
PCRESONO. 5188 -8-
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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 1st day of May, 2002 by the
following vote, to wit:
AYES: Chairperson Trigas, Commissioners Baker, Dominguez,
Heineman, Segall, White, and Whitton
NOES:
ABSENT:
ABSTAIN:
s~8\~
SEENA TRIGAS, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
!!~~~·,
Planning Director
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PLANNING COMMISSION RESOLUTION NO. 6358
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT AMENDMENT
RETROACTIVELY AND IN PERPETUITY TO ALLOW FOR
THE CONTINUED STORAGE OF NEW AUTOMOBILES AND
THE ADDITIONAL USES OF INCIDENT AL STORAGE OF
AUTO DEALERSHIP DOCUMENTS WITHIN SEA
CONTAINERS AND AN OUTDOOR STORAGE AREA FOR
CALLAWAY GOLF ON PROPERTY GENERALLY LOCATED
AT THE NORTHWEST END OF DRYDEN PLACE IN LOCAL
FACILITIES MANAGEMENT ZONE 5.
CASE NAME: LOT 23 AUTO STORAGE FACILITY
CASE NO.: CUP 02-05{A)
WHEREAS, Michael J. Durkin, "Developer," has fi1ed a verified application
with the City of Carlsbad regarding property owned by Durkin/Hoehn-Lot 23, LLC, "Owner,"
described as
Lot 23 of Carlsbad Tract No. 81-46 Unit No. 1, in the City of
Carlsbad, County of San Diego, State of California, according to
the Map thereof No. 11287, filed in the Office of the County
Recorder of San Diego County, July 16, 1985
("the Property"); and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit Amendment as shown on Exhibit "A" dated December 5, 2007, on file in the Planning
Department LOT 23 AUTO STORAGE FACILITY -CUP 02-0S(A), as provided by the
conditions of approval of CUP 02-05 and Chapter 21.42 and/or 21.50 of the Carlsbad Municipal
Code; and
WHEREAS, the Planning Commission did, on the 5th day of December, 2007,
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 CUP amendment; and
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WHEREAS, on May 1, 2002, the Planning Commission approved CUP 02-05,
as described and conditioned in Planning Commission Resolution No. 5188.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission
APPROVES LOT 23 AUTO STORAGE FACILITY -CUP 02-05(A) to be
effective in perpetuity, retroactively from May 1, 2007 based on the following
findings and subject to the following conditions:
Findings:
(Note: These findings are not applicable to 1st Amendment uses; see Section 21.42.030.B)
1.
2.
That the requested use is necessary or desirable for the development of the community,
and is in harmony with the various elements and objectives of the general plan, including,
if applicable, the certified local coastal program, specific plan or master plan, in that the
requested uses are desirable for the industrial community and in harmony with the
objectives of the General Plan, Carlsbad Airport Center Specific Plan, and Airport
Land Use Compatibility Plan for McClellan-Palomar Airport, since the proposed
uses will continue to provide new automobile storage facilities with the addition of
accessory uses including incidental document storage for local auto dealerships and
an incidental storage area for Callaway Golf. The storage uses are consistent with
the Specific Plan and result in uses within the Flight Activity Zone which are less
intensive (such as those with an assemblage of 100 or less persons) and which are
not noise sensitive,
That the requested use is not detrimental to existing uses or to uses specifically permitted
in the zone in which the proposed use is to be located in that the requested uses are
compatible with the surrounding industrial uses and will not generate customer
traffic to the area. The Callaway Golf storage area is considered to be accessory
and incidental to a permitted use and is not intended for use as a contractor storage
yard. The auto storage use has been found to be compatible with the existing uses
and the incidental document storage is considered accessory to the storage of new
vehicles for local auto dealerships.
3. That the site for the proposed conditional use is adequate in size and shape to
accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer areas,
landscaping and other development features prescribed in this code and required by the
planning director, planning commission or city council, in order to integrate the use with
other uses in the neighborhood, in that the site is screened by an 8 foot high decorative
stucco wall along the street frontage and the entire 30 foot front setback is
landscaped with a combination of trees, shrubs and groundcover. Minimum 10 foot
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2.
3.
4.
5.
6.
7.
or a successor in interest by the City's approval of this Conditional Use Permit
Amendment.
Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Conditional Use Permit Amendment 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 shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu 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
all requirements of law.
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 Conditional Use Permit
Amendment, (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 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.
Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of
the Site Plan reflecting the conditions approved by the final decision-making body.
All conditions of approval imposed upon Conditional Use Permit CUP 02-05 as stated in
Planning Commission Resolution No. 5188 shall apply as conditions of approval for
CUP 02-0S(A) and are incorporated by this reference except Conditions No. 12, 13, 15,
and 20 which are replaced by Conditions No. 8, 9, 10, and 11 below.
8. CUP 02-0S(A) shall be reviewed by the Planning Director annually to determine if all
conditions of this permit have been met and that the use does not have a substantial
negative effect on surrounding properties or the public health, safety and general welfare.
If the Planning Director determines that: 1) the Conditional Use Permit was obtained by
fraud or misrepresentation; or 2) the use for which such approval was granted is not being
exercised; or 3) the Conditional Use Permit is being or recently has been exercised
contrary to any of the terms or conditions of approval or the conditions of approval have
not been met; or 4) the use for which such approval was granted has ceased to exist or has
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9.
been suspended for one year or more; or 5) the use is in violation of any statute,
ordinance, law or regulation; or 6) the use permitted by the Conditional Use Permit is
being or has been so exercised as to be detrimental to the public health, safety or welfare
or so as to constitute a nuisance, the Planning Director shall recommend that the Planning
Commission hold a public hearing and after providing the permittee the opportunity to be
heard, the Planning Commission may revoke and terminate the Conditional Use Permit in
whole or in part, reaffirm the Conditional Use Permit, modify the conditions or impose
new conditions.
This Conditional Use Permit is granted retroactively from May 1, 2007 and is approved
in perpetuity. This permit may be revoked at any time after a public hearing, if it is
found that the use has a substantial detrimental effect on surrounding land uses and the
public's health and welfare, or the conditions imposed herein have not been met.
10. The project is approved for the following uses:
11.
a.
b.
c.
d.
The primary use of the site shall be for the storage of new automobiles,
together with incidental storage of documents within up to six (6) sea
containers (approximately 2,000 square feet total). Document storage shall
be solely related to the automobile dealership(s) leasing the new car storage
area.
No used cars, RVs, or employee parking shall be permitted on this site.
No more than one-third of the storage area of the site (approximately 40,000
square feet) shall be used for incidental landscape/equipment storage for
Callaway Golf without an amendment to this Conditional Use Permit. The
Callaway Golf storage area is specifically approved as being accessory to a
permitted use and shall not function as a contractor storage yard.
Conversion of the Callaway Golf storage area to new automobile storage
shall be permitted without an amendment to CUP 02-0S(A). Travel lanes
and surface improvements for any vehicle storage areas shall comply with
the requirements of Planning Commission resolution 5188 for CUP 02-05 as
incorporated herein by reference.
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 Planning Director, notifying all
interested parties and successors in interest that the City of Carlsbad has issued a
Conditional Use Permit Amendment by Resolution No. 6358 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 Planning Director 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.
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