HomeMy WebLinkAbout1996-05-01; Planning Commission; Resolution 3928L
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PLANNING COMMISSION RESOLUTION NO. 3928
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CARLSBAD, CALIFORNIA, APPROVING
DEVELOPMENT OF AN AUTOMOBILE SALES AND
SERVICE USE AS AN EXPANSION OF TOYOTA
CARLSBAD ON A 3.5 ACRE SITE IN THE CAR
COUNTRY EXPANSION SPECIFIC PLAN AREA ON
PROPERTY GENERALLY LOCATED SOUTH OF
CANNON ROAD AND EAST OF PASEO DEL NORTE IN
THE COASTAL ZONE IN THE NORTHWEST
QUADRANT OF THE CITY.
CASE NAME: TOYOTA CARSLBAD EXPANSION
CASE NO: SDP 95-08
WHEREAS, TOYOTA CARLSBAD has filed a verified application wii
SITE DEVELOPMENT PLAN NO. SDP 95-08 FOR THE
City of Carlsbad which has been referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request for a
Development Permit as provided by Chapter 21.06 of the Carlsbad Municipal Code
WHEREAS, pursuant to the provisions of the Municipal Code, the Pla
Commission did, on the 1st day of May, 1996, consider said request on property des(
as:
Lot 1 of Carlsbad Tract 87-03 in Car Country Expansion
Specific Plan as recorded per Map No. 122-42 as filed on
October 28,1988 in San Diego County
WHEREAS, at said public hearing, upon hearing and considering all testi
and arguments, if any, of all persons desiring to be heard, said Commission consider
factors relating to SDP 95-08.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Pla
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Comm
APPROVES Site Development Plan, SDP 95-08, based on the foll
findings and subject to the following conditions:
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Findings:
1. That the requested use is properly related to the site, surroundings
environmental settings, is consistent with the various elements and objectives
General Plan, will not be detrimental to existing uses or to uses specifically pen
in the area in which the proposed use is to be located, and will not adversely il
the site, surroundings or traffic circulation, in that the project will implemel
buildout of the approved Car Country Expansion Specific Plan which arrangc
location of allowed land uses, major circulation and public improvl
infrastructure, and related specific plan features and landscaping. The subjec
Lot 1, is designated for the proposed auto/truck sales and service use withi]
portion of the specific plan. Since an existing, approved specific plan w
implemented with the proposed project, there will be no adverse impacts t
various goals and objectives of the General Plan, to existing or specifically pern
land uses in the area or to the surroundings and related traffic circulation.
2. That the site for the intended use is adequate in size and shape to accommoda
use, in that the 3.5 acre site is adequate to easily accommodate the proposed
areas, administrative offices, service bays, on-site circulation, required parkin
associated landscaping while complying will all applicable development stan
and design criteria of the Specific Plan.
3. That all yards, setbacks, walls, fences, landscaping, and other features necess,
adjust the requested use to existing or permitted future uses in the neighborhoo
be provided and maintained, in that the project will provide all required buildin
landscaped setback areas as required by the Specific Plan. The landsc
proposed with the project is consistent with the provisions of the City’s Land
Guidelines and the landscape guidelines of the Car Country Expansion Specific
The proposed architecture, architectural features and building materials
implement the objective of establishing architectural quality and compatibili
the development of the specific plan area.
4. That the street systems serving the proposed use is adequate to properly hanc
traffic generated by the proposed use, in that the proposed use is consistent wil
anticipated land uses and traffic generation patterns anticipated for this parti
lot in the traffic assessment and related environmental review of the Car Co
Expansion Specific Plan’s (SP 19-C) environmental review process. The
designed to take access off of Auto Center Court located on the south side of th
No access to or from Cannon Road is allowed by the specific plan, or proposed
the subject project.
5. That the Planning Commission finds that:
a. the project is a development of an allowed land use as analyzed under th
Country Expansion (SP 19-C) negative declaration, a certified environrr
document;
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b. the project is consistent with the Car Country Expansion Specific Plar
c. there was a Negative Declaration approved in connection with the
Specific Plan approval for SP 19(C) and the proposed project qualifie
Subsequent Project as described within the City’s General Plan Maste
(MEIR 93 -0 1) ;
5 d. the project has no new significant environmental effect not analyz
6 significant in the prior Negative Declaration or MEIR; and
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e. none of the circumstances requiring Subsequent or Supplemental EIR
CEQA Guidelines Sections 15162 or 15163 exist.
6. The Planning Commission finds that all feasible mitigation measures or I:
alternatives identified in the previously approved Negative Declaration and :
which are appropriate to this Subsequent Project have been incorporated in
Subsequent Project.
7. The project, as designed and/or conditioned, implements all applicable objectivl
mitigation measures established by the General Plan Master EIR to I
cumulative air quality and circulation impacts as applicable to an automobi!
truck sales dealership project of this scale.
These include: (1) recognizing the impact of commercial and industrial develo
on housing demand and the ability of local employees to afford local housi:
project condition requires participation in an in-lieu fee program to addre5
issue if such a program is established by the City up until building permit is5
(Mitigation Measure No. 16, Planned Land Use Pattern, Air Quality Impacts
MEIR); (2) the number of access points to major and prime arterials (no C
Road access involved) are minimized to enhance the functioning of these stn
throughways (Mitigation Measure No. 20, Transportation Planning, Air C
Impacts of the MEIWitigation Measure No. 4, Streets and Traffic Cc
Circulation Impacts of the MEIR); (3) pedestrian spaces and circulation havl
designed in relationship to the proposed land use and available parking for th
construction project (Mitigation Measure No. 26, Alternate Modes of Transpor
Air Quality Impacts of the MEIWitigation Measure No. 19, Alternate Ma
Transportation, Circulation Impacts of the MEIR); and (4) this new develo
project complies with the adopted Growth Management performance standa~
circulation facilities (Mitigation Measure No. 1, Streets and Traffic CI
Circulation Impacts of the MEIR).
8. The project is consistent with the Comprehensive Land Use Plan (CLUP) 1
McClellan-Palomar Airport, dated April 1994, in that as conditioned, the apl
shall record a notice concerning aircraft noise and activity. The pro
compatible with the projected noise levels of the CLUP; and, based on the noi5
use compatibility matrix of the CLUP, the proposed land is compatible wI
airport, in that the subject site located outside of the 60 CNEL noise contour 11 PC RES0 NO. 3928 -3-
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average noise levels are below 60 CNEL; no land use controls or mitit
requirements are in effect for areas located outside and below the 60 CNEL
contour other than recording the notice. The proposed auto sales and servicc
do not conflict with the airport operations or the CLUP.
9. That the project is consistent with the City's Landscape Manual, adopted b!
Council Resolution No. 90-384.
10. The project has been conditioned to ensure that building permits will not be 1
for the project unless the District Engineer determines that sewer service is avaj
and building cannot occur within the project unless sewer service remains avaj
and the District Engineer is satisfied that the requirements of the Public Fat
Element of the General Plan have been met insofar as they apply to sewer s8
for this project.
11. Statutory School fees will be paid to ensure the availability of school facilities
Carlsbad Unified School District.
12. All necessary public improvements have been provided or are required as conc
of approval.
13. The developer has agreed and is required by the inclusion of an appro
condition to pay a public facilities fee. Performance of that contract and pa!
of the fee will enable this body to find that public facilities will be ava
concurrent with need as required by the General Plan.
14. The project has been conditioned to pay any increase in public facility fee, o
construction tax, or development fees, and has agreed to abide by any addi
requirements established by a Local Facilities Management Plan prepared pul
to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure cont
availability of public facilities and will mitigate any cumulative impacts created '
project.
15. This project has been conditioned to comply with any requirement approved a
of the Local Facilities Management Plan for Zone 3.
16. The Planning Commission has reviewed each of the exactions imposed o
Developer contained in this resolution, and hereby finds, in this case, th;
exactions are imposed to mitigate impacts caused by or reasonably related '
project, and the extent and the degree of the exaction is in rough proportiona
the impact caused by the project.
Planning Conditions:
1. The Planning Commission does hereby approve the Site Development Plan
95-08 for the expansion of automobile/truck sales and services project e1
"Toyota Carlsbad Expansion". (Exhibits "A" - "I" on file in the Planning Depar
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and incorporated by this reference, dated May 1, 1996), subject to the conc
herein set forth. Staff is authorized and directed to make or require the Dew
to make all corrections and modifications to the Site Development Plan Docur
as necessary to make them internally consistent and conform to Pla
Commission's final action on the project. Development shall occur substanti;
shown on the approved exhibits. Any proposed development substantially dif
from this approval shall require an amendment to this approval.
2. The Developer shall comply with all applicable provisions of federal, state, and
ordinances in effect at the time of building permit issuance.
Maps and Exhibits:
3. The Developer shall provide the City with a reproducible 24" x 36", mylar copy
Site Plan as approved by the final decision making body. The Site Plan shall I
the conditions of approval by the City. The Plan copy shall be submitted to thi
Engineer and approved prior to building, grading, final map, or improvemen
submittal, whichever occurs first.
4. The Developer shall include, as part of the plans submitted for any permit
check, a reduced, legible version of the approving resolution/resolutions on a
36 blueline drawing. Said blueline drawing(s) shall also include a copy o
applicable Coastal Development Permit and signed approved site plan.
Facilities & Services:
5. Building permits will not be issued for development of the subject property I
the District Engineer determines that sewer facilities are available at the til
application for such sewer permits and will continue to be available until til
occupancy.
6. The Developer shall pay the public facilities fee adopted by the City Council 01
28, 1987 (amended July 2, 1991) and as amended from time to time, an(
development fees established by the City Council pursuant to Chapter 21.90 (
Carlsbad Municipal Code or other ordinance adopted to implement a g~
management system or Facilities and Improvement Plan and to fulfill the subdiv
agreement to pay the public facilities fee dated September 7, 1995, a copy of 1
is on file with the City Clerk and is incorporated by this reference. If the fet
not paid, this application will not be consistent with the General Plan and apr
for this project will be void.
7. The Developer shall provide proof of payment of statutory school fees to mil
conditions of overcrowding as part of the building permit application. The an
of these fees shall be determined by the fee schedule in effect at the time of buj
permit application. 1 ....
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1 8. This project shall comply with all conditions and mitigation measures whic
required as part of the Zone 3 Local Facilities Management Plan anc
but not limited to the following:
2 amendments made to that Plan prior to the issuance of building permits, inch
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a. Payment of school fees for non-residential development prior to buj
permit issuance.
9. If any condition for construction of any public improvements or facilities, c
payment of any fees in lieu thereof, imposed by this approval or imposed by 1;
this residential housing project are challenged this approval shall be suspend
provided in Government Code Section 66020. If any such condition is deterr
to be invalid this approval shall be invalid unless the City Council determines th
project without the condition complies with all requirements of law.
10. Prior to the issuance of the project's building permits, Developer shall submit 1
City a Notice of Restriction to be filed in the office of the County Recorder, SI
to the satisfaction of the Planning Director, notifying all interested partie:
successors in interest that the City of Carlsbad has issued a Site Development
by Resolution No. 3928 on the real property owned by the developer. Said b
of Restriction shall note the property description, location of the file contl
complete project details and all conditions of approval as well as any conditic
restrictions specified for inclusion in the Notice of Restriction. The Pla
Director has the authority to execute and record an amendment to the notice L
modifies or terminates said notice upon a showing of good cause by the deve
or successor in interest.
11. Trash receptacle areas shall be enclosed by a six-foot high masonry wall with
pursuant to City standards. Location of said receptacles shall be as shown o
project exhibits. Enclosure shall be of similar colors and/or materials to the PI
to the satisfaction of the Planning Director.
12. An exterior lighting plan including parking areas shall be submitted for Pla;
Director approval prior to the issuance of building permits. All lighting sha
designed to reflect downward and avoid any impacts on adjacent properties.
22 13. No outdoor storage of material shall occur onsite unless required by the Fire (
In such instance a storage plan will be submitted for approval by the Fire Chie 23
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the Planning Director.
14. The Developer shall prepare a detailed landscape and irrigation plan in conforrr
25 with the approved Preliminary Landscape Plan (Exhibit "D") and the (
Landscape Manual. The plans shall be submitted to and approval obtained fror
26 Planning Director prior to the approval of the final map, grading permit, or bui
permit, whichever occurs first. The Developer shall construct and instal 27 landscaping as shown on the approved plans, and maintain all landscaping
28 healthy and thriving condition, free from weeds, trash, and debris. The det
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landscape plan can incorporate the following elements into its design to mar
visibility into the interior of the site containing vehicles for sale: (1) the all0
for up to three of the five permitted car display areas located within the lands
setback area to contain two vehicles per display, providing that the min
spacing requirement of 100 feet is not violated; (2) minor trimming allow4
existing Melaleuca trees (removal not allowed); (3) the screening berm and/or
located at the rear of the landscaped setback area may be reduced to a 1;
maximum bermhedge combination; (4) Queen Palms may be introduced in1
final landscape plan as a secondary theme tree complimentary to, and in adc
to, the existing Melaleuca tree clusters; (5) no element of the landscape pla1
require an amendment to the specific plan; and (6) all of the above are subj
the satisfaction of the Planning Director.
15. The first submittal of detailed landscape and irrigation plans shall be accomp
by the project’s building, improvement, and grading plans.
16. Building identification and/or addresses shall be placed on all new and er
buildings so as to be plainly visible from the street or access road; col
identification and/or addresses shall contrast to their background color.
17. Prior to approval of the project’s building permits, the Developer shall re
approval of a Coastal Development Permit issued by the California Cc
Commission that substantially conforms to this approval. A signed copy c
Coastal Development Permit must be submitted to the Planning Director. ?
approval is substantially different, an amendment to SDP 95-08 shall be requ
18. The applicant is aware that the City is preparing a non-residential housing iI
fee (linkage fee) consistent with Program 4.1 of the Housing Element. The app
is further aware that the City may determine that certain non-residential pr
may have to pay a linkage fee, in order to be found consistent with the Ho.
Element of the General Plan. If a linkage fee is established by City Co
ordinance and/or resolution and this project becomes subject to a linkag
pursuant to said resolution, then the applicant for this project, or his/her,
successor(s) in interest, shall pay the linkage fee. The linkage fee shall be pz
the time of issuance of building permits. If linkage fees are required for this pr
and they are not paid, this project will not be consistent with the General Plal
approval for this project will become null and void.
19. Prior to the recordation of the first final parcel map or the issuance of bu
permits, whichever occurs first, the Developer shall prepare and record a Noticl
this property is subject to overflight, sight, and sound of aircraft operating
McClellan-Palomar Airport in a form meeting the approval of the Planning Dir
and the City Attorney (see Noise, Form #2 on file in the Planning Departme
20. The Developer shall submit and obtain Planning Director approval of a uniforn
program for this development prior to occupancy of any building.
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1 21. Prior to granting final occupancy, the 26 employee parking spaces noted and 1(
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4 Enpineering Conditions:
on the site plan (Exhibit "B"), as well as the 17 customer parking spaces not4
not specifically located on the site plan, shall be permanently marked with pav
graphics to the satisfaction of the Planning Director.
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22. Prior to hauling dirt or construction materials to or from any proposed constn
site within this project, the developer shall submit to and receive approval fro
City Engineer for the proposed haul route. The developer shall comply WI
conditions and requirements the City Engineer may impose with regards t
hauling operation.
23. Additional drainage easements may be required. Drainage structures sh:
provided or installed prior to or concurrent with any grading or building per1
may be required by the City Engineer.
24. The developer shall comply with the City's requirements of the National Pol
Discharge Elimination System (NPDES) permit. The developer shall providl
management practices as referenced in the "California Storm Water
Management Practices Handbook" to reduce surface pollutants to an acceptablt
prior to discharge to sensitive area. Plans for such improvements shall be app
by the City Engineer. Said plans shall include but not be limited to no1
prospective owners and tenants of the following:
a. All owners and tenants shall coordinate efforts to establish or work
established disposal programs to remove and properly dispose of toxi
hazardous waste products.
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b. Toxic chemicals or hydrocarbon compounds such as gasoline, motc
antifreeze, solvents, paints, paint thinners, wood preservatives, and othe:
fluids shall not be discharges into any street, public or private, or into
drain or storm water conveyance systems. Use and disposal of pesti
fungicides, herbicides, insecticides, fertilizers and other such che
treatments shall meet Federal, State, County and City requiremer
prescribed in their respective containers.
c. Best Management Practices shall be used to eliminate or reduce s1:
pollutants when planning any changes to the landscaping and SI:
improvements.
25. The area under the fuel canopy or where fuels are dispensed shall be construcl
concrete and shall be designed to drain to a sump drain. A sump pump sh;
installed to pump the effluent from the area up into a holding tank. The hc
tank shall be located within a self-contained area. The effluent from the hc
tank may be considered a "Hazardous Waste" and shall be disposed of as req
by law. The owner/operator of the business shall maintain records of the
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disposal of the "Hazardous Waste" and shall produce them upon demand. Thi
design of this collection facility or an acceptable alternative shall be t
satisfaction of the City Engineer.
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26. The developer shall pay all current fees and deposits required.
27. The owner of the subject property shall execute an agreement holding the
5 harmless regarding drainage across the adjacent property.
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8 to and approved by the Fire Department.
Fire Conditions:
28. Prior to the issuance of building permits, complete building plans shall be subr
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location of required, proposed and existing hydrants. The plan should include o 11
29. Additional onsite public hydrants may be required.
10 30. Applicant shall submit a site plan to the Fire Department for approval, which dl
hydrants within 200 feet of the project.
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13 31. Applicant shall submit a site plan to the Fire Department for approval of a
driveways and general traffic circulation.
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32. An all-weather access road shall serve the project during construction.
33. All required fire hydrants, water mains and appurtenances shall be operational
to combustible building materials being located on the project site.
34. Prior to building occupancy, private roads and driveways which serve as req
access for emergency service vehicles shall be posted as fire lanes in accordanct;
the requirements of Section 17.04.020 of the Carlsbad Municipal Code.
35. Plans and/or specifications for fire alarm systems, fire hydrants, extinguishing sys
automatic sprinklers, and other systems pertinent to the project shall be subn
to the Fire Department for approval prior to construction.
36. Buildings having an aggregate floor area exceeding 10,000 square feet sha
protected by an automatic sprinkler system.
37. Prior to submittal of water improvement plans, the applicant shall submit to tht
Department a map, showing the street network, conforming to the following cri
400' scale
Photo reduction on mylar
At least two existing streets and/or intersections shall be referenced 0'
a Maps shall include the following information: map (not a separate vicinity map)
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Street centerlines
Street names
Fire hydrant locations
Water District Conditions:
38. The entire potable water system, reclaimed water system and sewer system sh
evaluated in detail to ensure that adequate capacity, pressure and flow demanc
be met.
39. The Developer shall be responsible for all fees, deposits and charges which P
collected before and/or at the time of issuance of building permit. The San :
County Water Authority capacity charge will be collected at issuance of applic
for meter installation.
40. Sequentially, the Developer’s Engineer shall do the following:
a. Meet with the City Fire Marshal and establish the fire protc
requirements. Also, obtain G.M.P. demand for domestic and irriga
needs from appropriate parties.
b. Prepare a colored reclaimed water use area map and submit to the Pla
Department for processing and approval.
c. Prior to the preparation of sewer, water and reclaimed water improve
plans, a meeting must be scheduled with the District Engineer for re
comment and approval of the preliminary system layouts and usages
GPM - EDU).
General Condition:
41. If any of the foregoing conditions fail to occur; or if they are, by their terms,
implemented and maintained over time; if any of such conditions fail to 1
implemented and maintained according to their terms, the City shall have the
to revoke or modify all approvals herein granted; deny or further condition ism
of all future building permits; deny, revoke or further condition all certificat
occupancy issued under the authority of approvals herein granted; institute
prosecute litigation to compel their compliance with said conditions or seek dan
for their violation. No vested rights are gained by Developer or a success
interest by the City’s approval of this Resolution.
Code Reminders:
Fees:
42. The Developer shall pay a landscape plan check and inspection fee as requirt
Section 20.08.050 of the Carlsbad Municipal Code.
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General:
43. This approval shall become null and void if building permits are not issued fc
project within 18 months from the date of project approval.
44. Approval of this request shall not excuse compliance with all applicable sectic
the Zoning Ordinance and all other applicable City ordinances in effect at til
building permit issuance, except as otherwise specifically provide herein.
45. The project shall comply with the latest non-residential disabled access require]
pursuant to Title 24 of the State Building Code.
46. All roof appurtenances, including air conditioners, shall be architecturally intei
and concealed from view and the sound buffered from adjacent propertie
streets, in substance as provided in Building Department Policy No. 80-6, 1
satisfaction of the Directors of Planning and Building.
Landscape:
47. All landscape and irrigation plans shall be prepared to conform with the Land
Manual and submitted per the landscape plan check procedures on file i
Planning Department.
Signs:
48. Any signs proposed for this development shall at a minimum be design
conformance with the City’s Sign Ordinance, and this project’s requirec
program, and shall require review and approval of the Planning Director PI
installation of such signs.
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PASSED, APPROVED, AND ADOPTED at a regular meeting a
Planning Commission of the City of Carlsbad, California, held on the 1st day of May,
by the following vote, to wit:
AYES: Chairperson Compas, Commissioners Erwin, Monroy, Nil
Savary and Welshons
NOES: None
ABSENT: Commissioner Noble
ABSTAIN: None
WILLIAM COMPAS, Chairphson
CARLSBAD PLANNING COMMISSION
ATTEST:
u MICHAEL J. HOLZB~LLER
Planning Director
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