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HomeMy WebLinkAbout1988-04-20; Planning Commission; Resolution 27201 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 l e 0 PIAIWING COMMISSION RESOLUTION NO. 2720 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A PLANNING COMMISSION DETERMINATION FOR THE CONSTRUCTION OF AN AUTO DEALERSHIP ADDITION ON PROPERTY GENERALLY LOCATED AT 5566 PASEO DEL NORTE IN CARLSBAD CAR COUNTRY. APPLICANT: HOEHN MOTORS CASE NO.: PCD 87-2 WHEREAS, a verified application for certain property to wit: Lot 9 of Carlsbad Tract No. 72-3, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 7492 filed in the Office of the County Recorder of San Diego County, November 30, 1972, 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 20th day of April, 1988, consider said request; and WHEREAS, at said hearing, upon hearing and considering I 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, THEREFORE, BE IT HEREBY RESOLVED by the Planning ~ commission as follows: ~ A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission APPROVES PCD 87-2, based on the following findings and subject to the following conditions: //// I ~ //// //// I1 0 0 I. I/ Findinss : I 2 3 4 5 6 1. The project is consistent with the City's General Plan since this site is designated for commercial uses by the Land Use Element of the General Plan. type and intensity of development since the site is , ~ adequate in size and shape to accommodate the commercial development at the intensity proposed. 2. The 3.28 acre site is physically suitable for the proposed 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 3. The Planning Commission has, by inclusion of an appropriate 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. a. All necessary public improvements have been provided or will be required as conditions of approval. b. 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 General Plan. 4. This project will not cause any significant environmental impacts and a Negative Declaration has been issued by the Planning Director on February 6, 1988 and APPROVED by the Planning Commission on April 20, 1988. In approving this Negative Declaration the Planning Commission has considered the initial study, the staff analysis, all required mitigation measures and any written comments received regarding the significant effects this project could have on the environment. 5. 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 Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. 26 6. This project is consistent with the City's Growth 27 28 with any requirement approved as part of the Local Management Ordinance as it has been conditioned to comply Facilities Management Plan for Zone 3. PC RES0 NO. 2720 -2- 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7. The project fulfills the requirements of the Car Country Specific Plan SP-19 as amended, along with existing City policy and standards as identified in the staff report. 8. T!he project is consistent with the requirements of the City of Carlsbad Local Coastal Program as identified in the staff report, Conditions: 1. Approval is granted for PCD 87-2, as shown on Exhibits IrA" - II Dl1 , dated March 9, 1988, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions. 2. The developer shall provide the City with a reproducible 24" x 36", 100 scale 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 issuance of building permits or improvement plan submittal, whichever occurs first. 3. 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. I 4. This project is also approved under the express condition that the applicant pay the public facilities fee adopted by the City Council on July 28, 1987 and as amended from time to time, 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 15, 1987, and the agreement to pay the Growth Management Fee dated December 15, 1987, 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. 5. Water shall be provided to this project pursuant to the Water Service agreement between the City of Carlsbad and the Costa Real Water District, dated May 25, 1983. 6. This project shall comply with all conditions and mitigation required by the Zone 3 Local Facilities PC RES0 NO. 2720 -3- ll 0 0 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7. 8. 9. 10. 11. , 12. i 13. 14. 15. //// I Management Plan approved by the City Council on May 19, ' 1987, incorporated herein and on file in the Planning Department and any future amendments to the Plan made prior to the issuance of building permits. 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. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, pursuant to Building Department Policy No. 80-6, to the satisfaction of the Directors of Planning and Building. An exterior lighting plan including parking areas shall be submitted for Planning Director approval. All lighting shall be designed to reflect downward and avoid any impacts on or property. The applicant shall provide school fees to mitigate conditions of overcrowding as part of building permit application. These fees shall be based on the fee schedule in effect at the time of building permit application. The applicant shall prepare a detailed landscape and irrigation plan which shall be submitted to and approved by the Planning Director prior to the issuance of grading or building permits, whichever occurs first. All parking lot trees shall be a minimum of 15 gallons in size. All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. A uniform sign program for this development shall be submitted to the Planning Director for his review and approval prior to occupancy of any building. Building identification and/or addresses shall be placed on all new and existing buildings so as to be plainly visible from the street or access road; color of identification and/or addresses shall contrast to their background color. PC RES0 NO. 2720 -4- il a 0 1 2 3 4 5 6 16 . All customer parking spaces shall be clearly marked with small wooden pole signs to be approved the Planning Director. In addition, the 10 customer spaces closest to Paseo del Norte shall be stenciled gncustomerln in the asphalt. 17. Approval of this request shall not excuse compliance with all sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance. 7 18. This approval shall become null and void if building permits are not issued for this project within one year from the date of project approval. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 19. A valid Coastal Development Permit shall be required prior 20. All off loading of vehicles shall occur onsite as shown on 21. All roof -top appurtenances shall be architecturally to issuance of building permits. Exhibit rgA'g. integrated into the design of the building and shielding to prevent noise and visual impacts, subject to approval before issuance of permit. 22. Trash receptacle areas shall be enclosed by a six-foot high masonry wall with gates pursuant to City standards. Location of said receptacles shall be approved by the Planning Director. Enclosure shall be of similar colors and/or materials to the project to the satisfaction of the Planning Director. Enqineerinq Conditions: 23. Pretreatment of the sanitary sewer discharge from this project may be required. In addition to the requirements for a sewer connection permit the developer shall conform to the requirements of Chapter 13.16 of the Carlsbad Municipal Code. The developer shall apply for an industrial waste discharge permit concurrently with the building permit for this project. No Certificates of Occupancy for the project will be issued before the industrial waste discharge permit application requirements have been met, all applicable fees paid and the permit issued. 24. The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site. 25. The grading for this project is defined as "controlled grading" by Section 11.06.170(a) of the Carlsbad Municipal Code. Grading shall be performed under the observation of a civil engineer whose responsibility it shall be to I PC RES0 NO. 2720 -5- !I 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 coordinate site inspection and testing to ensure compliance of the work with the approved grading plan, submit required reports to the City Engineer and verify compliance with Chapter 11.06 of the Carlsbad Municipal Code. 26. No grading shall occur outside the limits of the project unless a letter of permission is obtained from the owners of the affected properties. 27. A separate grading plan shall be submitted and approved and a separate grading permit issued for the borrow or disposal site if located within the city limits. 28. Prior to hauling dirt or construction materials to any proposed construction site within this project the developer shall submit to and receive approval from the City Engineer for the proposed haul route. The developer shall comply with all conditions and requirements the City Engineer may impose with regards to the hauling operation. 29. Additional drainage easements and drainage structures shall be provided or installed as may be required by the City Engineer. 30. Runoff from this project is conveyed to environmentally sensitive areas. The subdivider shall provide adequate means of eliminating grease and oils from drainage prior to discharge. Plans for such improvements shall be approved by the City Engineer prior to issuance of grading or building permit. 31. The developer shall make an offer of dedication to the City for all public streets and easements required by these conditions or shown on the site development plan. The offer shall be made prior to issuance of any building permit for this project. All land so offered shall be granted to the City free and clear of all liens and encumbrances and without cost to the City. Streets that are already public are not required to be rededicated. 32. The grading plans for this project shall include closing of the southerly access to this site and the reconstruction of curb, gutter, and sidewalks as required. The plan shall also include the construction of the 32 foot wide new access 80 feet north of southerly access, as shown on the Site Development Plan, All frontage improvements shall be completed and approved by the City Engineer prior to occupancy of the development. I ~ ~ 33. Unless a standard variance has been issued, no variance from City Standards is authorized by virtue of approval of this site plan. PC RES0 NO. 2720 -6- - 'I) e 1 2 3 4 5 6 7 34. The developer shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies regarding services to the project. 35. This project is approved specifically as 1 (single) phase. Fire Conditions: 36. Prior to the issuance of building permits, complete building plans shall be submitted to and approved by the Fire Department. 37. Additional public and/or onsite fire hydrants shall be a provided if deemed necessary by the Fire Marshal. 9 10 11 12 38. 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. 39. All required fire hydrants, water mains and appurtenances shall be operational prior to combustible building materials being located on the project site. 13 14 40. Proposed security gate systems shall be provided with 'uKnoxll key operated override switch, as specified by the Fire Department. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 41. 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. 42. 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 less) areas. //// //// //// //// //// //// //// //// PC RES0 NO. 2720 -7- ll 1 2 3 4 5 6 7 8 e 0 9 10 11 12 13 14 15 16 17 18 19 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 20th day of April, 1988, by the following vote, to wit: AYES: Commissioners: McBane, Hall, Schramm, Marcus and Schlehuber. NOES : None. ABSENT: Chairperson McFadden & Commissioner Holmes. ABSTAIN: None. CARLSBAD PLANNING COMMISSION ATTEST : , MICHAEL J. HOLZMILL~ PLANNING DIRECTOR 20 21 22 23 24 25 26 27 28 PC RES0 NO. 2720 -8-