HomeMy WebLinkAboutCUP 2019-0006; BOB BAKER AUTO GROUP VEHICLE STORAGE AND REPAIR; Admin Decision LetterSeptember 30, 2019
Planning Systems
Paul Klukas
Ste 100
1530 Faraday Avenue
Carlsbad CA 92008-7332
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Carlsbad
SUBJECT: CUP 2019-0006 {DEV2019-0070) BOB BAKER AUTO GROUP VEHICLE STORAGE AND
REPAIR -Request for approval of a Minor Conditional Use Permit (CUP 2019-0006) to
allow vehicle storage and vehicle repair in an existing building located at 2065 Camino
Vida Roble, in the Planned Industrial (P-M) Zone and Local Facilities Management Zone 5.
Dear Paul Klukas,
The City Planner has completed a review of your application for a Minor Conditional Use Permit CUP 2019-
0006 to allow vehicle storage and vehicle repair in an existing building located at 2065 Camino Vida Roble.
A notice was sent to property owners within a 300' radius of the subject property requesting comments
regarding the above request. No comments were received within the ten-day notice period (ending on
May 30, 2019). After careful consideration of the circumstances surrounding this request, the City Planner
has determined that the findings required for granting a Minor Conditional Use Permit can be made and
therefore, APPROVES this request based on the following findings and conditions.
Findings:
1. 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 project site has a Planned
Industrial (Pl) General Plan Land Use Designation and allows for vehicle storage and repair as
conditionally permitted uses.
2. 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 Planned Industrial (P-M) Zone allows
for office uses, manufacturing, research and development and other conditionally-permitted
uses, including vehicle storage and repair. The proposed vehicle storage and repair is consistent
with other types and intensity of uses allowed in the P-M zone. The vehicle repair will operate
inside an existing building which screens the use from adjacent properties and helps to minimize
noise. A Noise Compliance Report (Eiler Associates Inc., July 17, 2019) was also prepared in
accordance with the City of Carlsbad's Noise Guidelines. The report indicates that any noise
emissions from the equipment will be well below both daytime and nighttime noise limits as
outlined in Table 5-3 of the city's General Plan at all property lines surrounding the project site.
Hours are conditioned to be 8 A.M. to 7 P.M. daily, except Sunday. The project is located
Community & Economic Development
Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 760-602-4600 I 760-602-8560 f I www.carlsbadca.gov
CUP 2019-0006 (DEV2019-0070) BOB BAKER Aflp]i~~f YEHICLE STORAGE AND REPAIR
September 30, 2019 -
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outside the 60 dB(A} CNEL noise contour and is located within Safety Zone 6 of the McClellan-
Palomar Airport Land Use Compatibility Plan (ALUCP}. Pursuant to ALUCP Table 111-2 (Pgs. 3-45
through 3-52}, the use is considered compatible within Safety Zone 6 with no floor area ratio
restrictions. The use is subject to and will be required to comply with the performance
standards listed in Carlsbad Municipal Code Sections 21.34.090 and 21.42.140.B.17 which
address noise, odors, vibration, air quality and outdoor storage.
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 City Planner in order to
integrate the use with other uses in the neighborhood in that the vehicle storage and repair will
occupy an approximately 5,429-square-foot building with existing onsite landscaping and
parking and requires no site alterations or additional amenities. Furthermore, the project
complies with all required development standards of the P-M Zone. No exterior changes that
would affect the existing building's architectural quality, materials, and massing will occur. The
existing building is adequate in size and shape to accommodate vehicle storage and repair, as
shown on Exhibits "A" -"C." Vehicle repair requires four parking spaces for every work bay (up
through three work bays}, plus two spaces per bay in excess of three bays. The project is
proposing five bays. Therefore, three work bays require 12 spaces, and the two remaining work
bays require four spaces for an overall total of 16 parking spaces required. The project is
providing 24 parking spaces. Additionally, the applicant will screen the site from the street by
installing a privacy screen over the existing wrought iron gate that faces Camino Vida Roble.
4. That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use in that the project is provided access from Camino Vida Roble,
an industrial street, which is accessed from Palomar Airport Road and El Camino Real and is
currently operating at an acceptable level of service. The net 135 average daily trips associated
with the vehicle storage and repair can be accommodated by the existing street system.
5. That the City Planner 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 15301-Existing Facilities of the state CEQA Guidelines. In making
this determination, the City Planner has found that the exceptions listed in Section 15300.2 of the
state CEQA Guidelines do not apply to this project.
6. That the request for a Minor Conditional Use Permit was adequately noticed at least ten (10)
calendar days before the date of this decision pursuant to Section 21.54.060 of the Carlsbad
Municipal Code.
7. The City Planner has reviewed each of the exactions imposed on the Developer contained in this
approval letter, 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.
CUP"2019-0006 (DEV2019-0070) BOB BAKER AUTO GROUP VEHICLE STORAGE AND REPAIR
September 30, 2019
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Conditions:
1. Approval is granted for CUP 2019-0006 as shown on Exhibits "A" -"C" dated September 30, 2019,
on file in the Planning Division and incorporated herein by reference. Development shall occur
substantially as shown unless otherwise noted in these conditions.
2. 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 Minor Conditional Use
Permit.
3. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the CUP 2019-0006 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.
4. The 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 Minor 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.
5. The Developer shall comply with all applicable provisions of federal, state, and local ordinances in
effect at the time of building permit issuance.
6. 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.
7. CUP 2019-0006 shall be reviewed by the City Planner on a yearly basis 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 City
Planner determines that: 1) the minor conditional use permit was obtained by fraud or
misrepresentation; or 2) the use for which such approval is granted is not being exercised; or 3)
the conditions of approval have not been met; or 4) the minor conditional use permit is being or
recently has been exercised contrary to any of the terms or conditions of approval; or 5) the use
for which such approval was granted has ceased to exist or has been suspended for one year or
more; or 6) the use is in violation of any statute, ordinance, law or regulation; or 7) the use
CUP 2019-0006 (DEV2019-0070) BOB BAKER AUTO GROUP VEHICLE STORAGE AND REPAIR
September 30, 2019
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permitted by the minor 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 City
Planner shall hold an informal public hearing and after providing the permittee the opportunity
to be heard, the City Planner may revoke and terminate the minor conditional use permit in whole
or in part, reaffirm the minor conditional use permit, modify the conditions or impose new
conditions.
8. This Conditional Use Permit is granted for a period of five (5) years from September 30, 2019,
through September 30, 2024. 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. This permit may be
extended for a reasonable period of time not to exceed five (5) years, unless determined
otherwise by the decision-maker per Carlsbad Municipal Code Section 21.42.110, upon written
application of the permittee made no less than 90 days prior to the expiration date. The City
Planner/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 City Planner/Planning
Commission may grant.
9. Prior to the issuance of a building permit, the Developer shall provide proof to the Building
Division from Carlsbad Unified School District that this project has satisfied its obligation to
provide school facilities.
10. 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 residential housing 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.
11. Prior to commencement of use, owner/applicant 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 all interested parties and successors in interest that the City of Carlsbad has issued a
Minor Conditional Use Permit on the real property owned by the owner/applicant. 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 owner/applicant or successor in interest.
12. 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.
13. Developer shall report, in writing, to the City Planner within 30 days, any address change from
that which is shown on the permit application.
CUP 2019-0006 (DEV2019-0070) BOB BAKER AUTO GROUP VEHICLE STORAGE AND REPAIR
September 30, 2019
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14. All proposed uses shall be designed to comply with the performance standards listed in CMC
Section 21.34.090. This includes that the maximum allowable exterior noise level of any use
shall not exceed 65 LDN as measured at the property line.
15. Privacy screening installed over the existing wrought iron gate shall be well maintained at all
times.
16. The hours of operation shall be limited to 7:00 A.M. through 8:00 P.M. daily, except Sunday
when the business shall be closed.
Code Reminders:
17. 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.
CUP 2019-0006 {DEV2019-0070) BOB BAKER AUTO GROUP VEHICLE STORAGE AND REPAIR
September 30, 2019
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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 the 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.
This decision may be appealed by you or any other member of the public to the Planning Commission
within ten days of the date of this letter. Appeals must be submitted in writing to the Planning Division
at 1635 Faraday Avenue in Carlsbad, along with a payment of $876.00. The filing of such appeal within
such time limit shall stay the effective date of the order of the City Planner until such time as a final
decision on the appeal is reached. If you have any questions regarding this matter, please feel to contact
Chris Sexton at {760) 602-4631.
Sincerely,
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TERI DELCAMP
Principal Planner
TD:CS:dh
c: Don Neu, City Planner
City of Carlsbad, Curtis Jackson, 1200 Carlsbad Village Drive, Carlsbad CA 92008
Bob Baker Auto Group, Chris Baker, 5365 Car Country Drive, Carlsbad CA 92008-4310
Tecla Levy, Project Engineer
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