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HomeMy WebLinkAbout1987-08-05; Planning Commission; Resolution 2664I 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 I 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 2664 I A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN EXPANSION TO CARLSBAD MITSUBISHI ON PROPERTY LOCATED IN CAR COUNTRY AT 5424 PASEO DEL NORTE. APPLICANT: LOUIS V. 30NES CASE NO: PCD-87-1 - WHEREAS, a verified application for certain property, to wit: Parcel 1 of Parcel Map No. 8651, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof, has been filed with the City of Carlsbad, and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 5-th day of August, 1987, consider said request; and WHEREAS, at said 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 Planning Commission Determination; and NOW, THEREFOREy BE IT HEREBY RESOLVED by the Planning Commission as follows: (A) That the foregoing recitations are true and correct. I ~ (6) That based on the evidence presented at the hearing, the Com- mission APPROVES PCD-87-1, based on the following findings and subject to the following conditions: I I Findings: 1) The project is consistent with the City's General Plan since the proposed auto dealership expansion is consistent with the RRE (Extensive Regional Retail), designation established for this property in the Land Use Element of the General Plan. The proposed auto dealership expansion is consistent with Specific Plan 19 as amended. /I 0 0 1 2) The site is physically suitable for the type and intensity of development since the site is adequate in size and shape to as proposed. 2 accommodate the.Carlsbad Mitsubishi auto dealership expansion 3 4 icies and ordinances since: 3) The project is consistent with all City public facility pol- 5 6 7 8 9 10: 11 12 13 14 a) The Planning Commission has, by inclusion of an appro- priate condition to this project, ensured building permits will not be issued for the project unless the City Engineer determines that sewer service is available, and building cannot occur within the project unless sewer service remains available, and the Planning Commission is satisfied that the requirements of the Public Facilities Element of the General Plan have been met insofar as they apply to sewer service for this project. b) All necessary public improvements have been provided or will be required as conditions of approval. c) The applicant has agreed and is required by the inclusion of an appropriate condition to pay a public facilities fee. Performance of that contract and payment of the fee will enable this body to find that public facilities will be available concurrent with need as required by the 1 General Plan. I 15 16 17 18 4) The proposed project expansion is compatible with existing and proposed developments in Car Country. 5) This project will not cause any significant environmental impacts and a Negative Declaration has been issued by the Planning Director on May 20, 1987 and approved by the Planning Commission on August 5, 1987. 19 20 21 22 23 24 I 6) This project requires the construction of the improvements or facilities listed in the conditions of approval or the payment of fees in lieu of construction. This project creates a direct need for the improvements or facilities for the reasons stated in the staff report. If the improvements or facilities are not provided the project will create an unmitigated burden ' . on existing improvements and facilities. Further, the ~ improvements and facilities are necessary to provide safe, I ~ adequate and appropriate service to future residents of the project consistent with City goals, policies and plans. 25 7) This project is consistent with the City's Growth Management 26 Ordinance as it has been conditioned to comply with any re- Management Plan for Zone 3. quirements approved as part of the Local Facilities 2711 //I/ z8// PC RES0 NO. 2664 -2- ll I II 0 0 1 2 3 8) The applicant is by condition, required to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional requirements established by a development management or public facility program ultimately adopted by the City of Carlsbad. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. 4 5 6 7 IO) That the street dedication required under Condition 34 is necessary to provide safe and adequate circulation to the 8 area. 9 Conditions: 9) The project is consistent with the provisions of Chapter 21.90 of the Carlsbad Municipal Code and the plans adopted pursuant of this Chapter or has signed an agreement to be subject to such plans when they are adopted. 10 11 12 1) Approval is granted for PCD 87-1, as shown on Exhibit(s) "A" - IcG", dated April 20, 1987, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions. 13 14 15 16 2) This project is approved upon the express condition that building permits will not be issued for development of the subject property unless the City Engineer determines that sewer facilities are available at the time of application for such sewer permits and will continue to be available until time of occupancy. This note shall be placed on the final map. 17 18 3, 19 I 20 21 22 23 This project is also approved under the express condition that the applicant pay the public facilities fee adopted by the City Council on April 22, 1986 and any development fees established by the City Council pursuant to Chapter 21 .90 of the Carlsbad Municipal Code or other ordinance adopted to implement a growth management system or facilities and improvement plan and to fulfill the subdivider's agreement to pay the public facilities fee dated December 18, 1986, and the agreement to pay the Growth Management Fee dated December 1, 1986, copies of which are on file with the City Clerk and are incorporated by this reference. If the fees are not paid this application will not be consistent with the General Plan and approval for this project shall be void. 24 25 4) Approval of this request shall not excuse compliance with all 27 5) Water shall be provided to this project pursuant to the Water 26 sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance. Service agreement between the City of Carlsbad and the Costa Real Water District, dated May 25, 1983. PC RES0 NO. 2664 28 -3- 0 0 1 2 3 4 5 6 7 8 9 10; 11 12 13 14 15 16 17 18 6) This project shall comply with all conditions and mitigation required by the Zone 3 Local Facilities Management Plan and any future amendment to that plan made prior to construction of this project. Planning Department 7) The applicant shall prepare a 24" x 36" reproducible mylar of the final site plan incorporating the conditions contained herein. Said site plan shall be submitted to and approved by the Planning Director prior to the issuance of building permits. 8) Prior to the issuance of building permits, the applicant shall be required to submit to the Planning Director for review and approval, a landscape and irrigation plan. This plan shall include additional specimen tree landscaping along the properties Paseo Del Norte frontage. 9) Prior to the issuance of a certificate of occupancy, the project applicant shall be required to stripe and label each and every parking space as shown on Exhibit "A1'. The parking facilities for this project shall be monitored by the City's Code Enforcement officer to ensure that parking spaces designated for specific uses i.e.; customer and employee are not being utilized for new car and/or servi.ce/body shop parking. ~ IO) All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. 11) Any signs proposed for this development shall be designed in conformance with the Sign Program described in Specific Plan 19-B, and shall require review and approval of the Planning Director prior to installation of such signs. 19 112) Trash receptacle areas shall be enclosed by a six-foot high masonry wall with gates pursuant to City standards. Location Director. The trash receptacle shall be the same color as 20 the building. 21 of said receptacles shall be approved by the Planning 22 23 13). All roof appurtenances, including air conditioners, shall be 27 from the street or access road; color of identification and/or 26 14) Building identification and/or addresses shall be placed on 25 the Directors of Planning and Building. 24 sound buffered from adjacent properties and streets, pursuant architecturally integrated and concealed from view and the to Building Department Policy No. 80-6, to the satisfaction of all new and existing buildings so as to be plainly visible addresses shall contrast to their background color. b6'dESO NO. 2664 -4- 28 I e 0 1 2 3 4 15) 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 65913.5. 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. 5 6 7 16) No outdoor storage of material shall occur onsite unless I required by the Fire Chief. In such instance a storage plan will be submitted for approval by the Fire Chief and the Planning Director. 8 plans shall be submitted to and approved by the Fire 17) Prior to the issuance of building permits, complete building 9 Fire Department: 10 Department. XI. /I 18) Additional public and/or onsite fire hydrants shall be provided if deemed necessary by the Fire Marshal. 12 13 19) The applicant shall submit two (2) copies of a site plan showing locations of existing and proposed fire hydrants and onsite roads and drives to the Fire Marshal for approval. 14 15 20) An all-weather access road shall be maintained throughout construction. 16 21) All required fire hydrants, water mains and appurtenances 17 18 being located on the project site. 22) Proposed security gate systems shall be provided with "Knox" shall be operational prior to combustible building materials key operated override switch, as specified by the Fire De- partment. 19 l I 20 21 22 23 24 25 23) All private driveways shall be kept clear of parked vehicles at all times, and shall have posted "No Parking/Fire Lane-Tow Away Zone" pursuant to Section 17.04.040, Carlsbad Municipal Code. 24) Fire retardant roofs shall be required on all structures. 25) All fire alarm systems, fire hydrants, extinguishing systems, automatic sprinklers, and other systems pertinent to the project shall be submitted to the Fire Department for approval prior to construction. 26 I 26) Building exceeding 10,000 sq.ft. aggregate floor area shall be sprinklered or have four-hour fire walls with no openings therein which shall split the building into 10,000 sq.ft. (or 27 I . less) areas. 28 PC RES0 NO. 2664 -5- e 0 1 applicant shall be required to provide plans for bulk oil and 2 solvent storage subject to the approval of the Fire Marshal. 3 27) Prior to the issuance of building permits, the project Engineering Conditions: 4 5 6 7 a 28) This project is approved upon the express condition that building permits will not be issued for development of the subject property unless the City Engineer determines that sewer capacity is available at the time of application for such permits and will continue to be available until time of occupancy. ~ 29) The developer shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies regarding services to the project. 9 30) The developer shall be responsible for coordination with 10 S.D.G.&E., Pacific Telephone, and Cable TV authorities. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 I 31) The developer shall provide the City with a reproducible mylar copy of the site plan as approved by the Planning Commission. The site plan shall reflect the conditions of approval by the City. The plan copy shall be submitted to the City Engineer prior to improvement plan submittal. 32) Prior to issuance of building permit the developer/applicant shall provide a site drainage plan which addresses all existing and proposed drainage and sewer structures, elevations and surface drainage to the satisfaction of the City Engineer. 33) Prior to issuance of a building permit the applicant shall submit an application and obtain approval of a waste water discharge for the proposed sewer Lines in conformance with City of Carlsbad code. 34) Prior to issuance of building permit the owner shall irrevocably offer for dedication the portion of Plaza del Norte across the southern boundary of this development. The alignment of Plaza del Norte shall be approved by the City Engineer prior to dedication. //'/I //I/ //I/ //I/ ///I //I/ 28 PC RES0 NO. 2664 -6- I ,r 0 0 1 PASSED, APPROVED AND ADOPTED at a regular meeting of the 2 the 5th day of August, 1987, by the following vote, to 3 Planning Commission of the City of Carlsbad, California, held on 411 wit: 5 6 7 a 9 10 11 12 AYES: Commissioners Schlehuber, Hall, Holmes, McFadden and McBane. 1 NOES : None. ABSENT: Chairman Marcus, Commissioner Schramm. ABSTAIN : None. 13 14 ATTEST: 15 16 PLANNING DIRECTOR I?J !I I.8 I 19 I 20 21 22 23 24 25 26 27 28 PC RES0 NO. 2664 -7- I1 \