HomeMy WebLinkAbout1998-09-16; Planning Commission; Resolution 43701
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PLANNING COMMISSION RESOLUTION NO. 4370
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A SITE DEVELOPMENT PLAN SDP 98-06
FOR THE DEVELOPMENT OF AN AUTOMOBILE
DEALERSHIP ON PROPERTY GENERALLY LOCATED ON
CAR COUNTRY DRIVE IN LOCAL FACILITIES
MANAGEMENT ZONE 3.
CASE NAME: HOEHN MOTORS MERCEDES BENZ
CASE NO. : SDP 98-06
WHEREAS, Hoehn Group, “Developer”, has filed a verified application
City of Carlsbad regarding property owned by Hoehn Group, “Owner”, described as
Lot 8 and Lot 9 of Carlsbad Tract No. 87-3, in the City of
Carlsbad, County of San Diego, State of California, according
to map thereof No. 12242, filed in the office of County
Recorder of San Diego County, dated October 28,1988.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Site Deve
Plan as shown on Exhibit(s) “A” - “J”, dated September 16, 1998, on file in the 1
Department, HOEHN MOTORS MERCEDES BENZ, SDP 98-06, as provided by
2 1.06 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 16th day of Septembc
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 te
and arguments, if any, of all persons desiring to be heard, said Commission considered a1
relating to the Site Development Plan.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plan:
Commission of the City of Carlsbad as foilows:
A) That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the €
Commission RECOMMENDS APPROVAL of HOEHN Mc
MERCEDES BENZ, SDP 98-06, based on the following findings and SI
the following conditions:
Findings:
1. The requested use is properly related to the site, surroundings and environmental st
consistent with the various elements and objectives of the General Plan, will
detrimental to existing uses or to uses specifically permitted in the area in which the 1
use is to be located, and will not adversely impact the site, surroundings or traffic cir
in that the proposed land use is consistent with the General Plan and the Car ’
Specific Plan, all the buildings, parking areas, and driveways within the projec
meet C-2 zone and/or SP-19 City standards, the buildings have architect
materials compatible with the surrounding automobile dealerships, and the 1:
are set back a minimum of 25 feet from Car Country Drive. In addition, the 1,5
generated by the proposed land use is consistent with the traffic level projection
dealerships analyzed by the MEIR. All feasible mitigation measures appropria
site have been incorporated into the project design; no additional mitigatiol
form of roadway improvements, is necessary.
2. That the site for the intended use is adequate in size and shape to accommodate th
that the project meets all required City standards without the need for a varian
those standards.
3. That all yards, setbacks, walls, fences, landscaping, and other features necessary to a
requested use to existing or permitted future uses in the neighborhood will be prov
maintained, in that buildings comply with the setback and building height stanc
the Car Country Specific Plan (SP 19), the parking areas and the perimeter 01
are landscaped with a combination of trees, shrubs, and ground cover, and thf
has an 8 foot high masonry screen wall around the side and rear of the property
4. That the street systems serving the proposed use is adequate to properly handle 2
generated by the proposed use, in that the site’s frontage improvements (sidewalk
and gutters), adjacent public roadways, and the intersections near the project :
all been sized and constructed to meet the land use demand. The project site h
on-site circulation with three driveways that connect to Car Country Drive.
5. The Planning Commission finds that the project, as conditioned herein for SDP 98-
conformance with the Elements of the City’s General Plan, based on the following:
a. Land Use - the site is designated for regional commercial uses SUC
automobile dealership.
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b. Circulation - all the necessary frontage and street improvements h;
constructed.
c. Housing - the project is conditioned to pay, if adopted, a non-re
housing impact fee (linkage fee).
d. Public Safety - the project will comply with the Fire Code, Uniform I
Code, and State seismic standards.
6. The project is consistent with the City-Wide Facilities and Improvements I
applicable local facilities management plan and all City public facility poli
ordinances since:
a. The project has been conditioned to ensure the building permits will not 1
for the project unless the District Engineer determines that sewer st
available, and building cannot occur within the project unless sewer
remains available, and the District Engineer is satisfied that the require]
the Public Facilities Element of the General Plan have been met insofa]
apply to sewer service for this project.
b. All necessary public improvements have been provided or are req
conditions of approval.
c. The Developer has agreed and is required by the inclusion of an apI
condition to pay a public facilities fee. Performance of that contract and
of the fee will enable this body to find that public facilities will be :
concurrent with need as required by the General Plan.
7. The project has been conditioned to pay any increase in public facility fee,
construction tax, or development fees, and has agreed to abide by any ac
requirements established by a Local Facilities Management Plan prepared pu
Chapter 2 1.90 of the Carlsbad Municipal Code. This will ensure continued avail:
public facilities and will mitigate any cumulative impacts created by the project.
8. This project has been conditioned to comply with any requirement approved as PE
Local Facilities Management Plan for Zone 5.
9. The Planning Commission has reviewed each of the exactions imposed on the D
contained in this resolution, and hereby finds, in this case, that the exactions are
to mitigate impacts cause by or reasonably related to the project, and the extent
degree of the exaction is in rough proportionality to the impact caused by the proj
Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all COI
and modifications to the Site Development Plan document(s) necessary to ma
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internally consistent and in conformity with final action on the project. Devc
shall occur substantially as shown in the approved Exhibits. Any proposed devc
different from this approval, shall require an amendment to this approval.
2. Approval of SDP 98-06 is granted subject to the approval of CDP 98-33. SDP
subject to all conditions contained in Planning Commission Resolution Nos. 4
4369 for CDP 98-33.
3. The Developer shall comply with all applicable provisions of federal, state, z
ordinances in effect at the time of building permit issuance.
4. The Developer shall provide the City with a reproducible 24” x 36” mylar COI
Site Plan as approved by the final decision making body. The Site Plan shall rt
conditions of approval by the City. The Site Plan copy shall be submitted to
Engineer and approved prior to building, grading, final map, or improvem
submittal, whichever occurs first.
5. The Developer shall include, as part of the plans submitted for any permit plan
reduced legible version of the approving resolutions on a 24” x 36” blueline I
Said blueline drawings shall also include a copy of any applicable Coastal Dew
Permit and signed approved site plan.
6. Building permits will not be issued for this project unless the local agency providi
and sewer services to the project provides written certification to the City that :
water service and sewer facilities, respectively, are available to the project at the
the application for the building permit, and that water and sewer capacity and
will continue to be available until the time of occupancy.
7. The Developer shall pay the public facilities fee adopted by the City Council on
1987, (amended July 2, 1991) and as amended from time to time, and any deve
fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad M
Code or other ordinance adopted to implement a growth management system or E
and Improvement Plan and to fulfill the subdivider’s agreement to pay tht
facilities fee dated February 11,1998, a copy of which is on file with the City C
is incorporated by this reference. If the fees are not paid, this application wil
consistent with the General Plan and approval for this project will be void.
8. This project shall comply with all conditions and mitigation measures which are
as part of the Zone 3 Local Facilities Management Plan and any amendments
that Plan prior to the issuance of building permits, including but not limiter
payment of park-in-lieu and traffic impact fees.
9. Prior to the issuance of the building or grading permit, whichever occu
Developer shall submit to the City a Notice of Restriction to be filed in the off(
County Recorder, subject to the satisfaction of the Planning Director, notif
interested parties and successors in interest that the City of Carlsbad has issue
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Development Plan by Resolution No. 4370 on the real property owned by the DI
Said Notice of Restriction shall note the property description, location of
containing complete project details and all conditions of approval as welj
conditions or restrictions specified for inclusion in the Notice of Restrict
Planning Director has the authority to execute and record an amendment to tl
which modifies or terminates said notice upon a showing of good cause by the L
or successor in interest.
10. Trash receptacle areas shall be enclosed by a six-foot high masonry wall w
pursuant to City standards. Location of said receptacles shall be approve(
Planning Director. Enclosure shall be of similar colors and/or materials to the 1
the satisfaction of the Planning Director. All trash receptacles shall comply
design requirements of Specific Plan 19.
1 1. An exterior lighting plan including parking areas shall be submitted for Planning
approval. All lighting shall be designed to reflect downward and avoid any in-
adjacent homes or property. The lighting plan shall comply with all the requi
of Specific Plan 19.
12. No outdoor storage of materials shall occur onsite unless required by the Fire (
such instance a storage plan will be submitted for approval by the Fire Chiej
Planning Director.
13. The Developer shall prepare a detailed landscape and irrigation plan in conforma
the approved Preliminary Landscape Plan and the City’s Landscape Manual. T
shall be submitted to and approval obtained from the Planning Director pric
approval of the final map, grading permit, or building permit, whichever occurs fi
Developer shall construct and install all landscaping as shown on the approved p:
maintain all landscaping in a healthy and thriving condition, fiee fiom weeds, tl
debris.
14. The first submittal of detailed landscape and irrigation plans shall be accompanit
project’s building, improvement, and grading plans.
15. Building identification and/or addresses shall be placed on all new and existing 1
so as to be plainly visible fiom the street or access road; color of identificatic
addresses shall contrast to their background color.
16. The developer is aware that the City is preparing a non-residential housing irr
(linkage fee) consistent with Program 4.1 of the Housing Element. The app
further aware that the City may determine that certain non-residential projects n
to pay a linkage fee, in order to be found consistent with the Housing Elemel
General Plan. If a linkage fee is established by City Council ordinance and/or r(
and this project becomes subject to a linkage fee pursuant to said ordinanc
resolution, then the Developer, or his/her/their successor(s) in interest shall
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linkage fee. The linkage fee shall be paid at the time of issuance of building
except for projects involving a request for a non-residential planned developme
existing development, in which case, the fee shall be paid on approval of the fi
parcel map or certificate of compliance, required to process the non-resident
whichever pertains. If linkage fees are required for this project, and they are not 1
project will not be consistent with the General Plan and approval for this pro
become null and void.
17. This approval shall become null and void if building permits are not issued
project within 24 months from the date of project approval.
Engineerinv: -
18. Prior to hauling dirt or construction materials to or from any proposed constmc
within this project, the developer shall submit to and receive approval from
Engineer for the proposed haul route. The developer shall comply with all condit
requirements the City Engineer may impose with regards to the hauling operation
19. Prior to the issuance of a grading permit or building permit, whichever occurs
developer shall submit proof that a Notice of Intention has been submitted to 1
Water Resources Control Board.
20. The developer shall exercise special care during the construction phase of this p
prevent offsite siltation. Planting and erosion control shall be provided in acc
with the Carlsbad Municipal Code and the City Engineer.
21. Prior to issuance of any building permit, the developer shall comply T:
requirements of the City's anti-graffiti program for wall treatments if and whel
program is formally established by the City.
22. The developer shall pay all current fees and deposits required.
23. Based upon a review of the proposed grading and the grading quantities shown on
plan, a grading permit for this project is required. The developer must submit and
approval for grading plans in accordance with city codes and standards prior to
of a building permit for the project.
24. The developer shall comply with the City's requirements of the National I
Discharge Elimination System (NPDES) permit. The developer shall provJ
management practices as referenced in the "California Storm Water Best Man:
Practices Handbook" to reduce surface pollutants to an acceptable level prior to dl
to sensitive areas. Plans for such improvements shall be approved by the City E
Said plans shall include but not be limited to notifying prospective owners and te
the following:
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A.
B.
C.
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.
Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil,
antifreeze, solvents, paints, paint thinners, wood preservatives, and other
such 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.
25. The structural section for the access aisles must be designed with a traffic index of 5.0 in
accordance with City Standards due to truck access through the parking area and/or aisles
with an ADT greater than 500. The structural pavement design of the aisle ways shall be
submitted together with required R-value soil test information and approved by the City
as part of the building site plan review.
Special Conditions:
26. The developer shall provide and maintain appropriate sight distance corridors at all
driveway intersections with Car Country Drive in accordance with Engineering
Standards. This includes, but is not limited to, the following:
“No structure, fence, wall, tree, shrub, sign, or other object
over 30 inches above the street level may be placed or
permitted to encroach within the area identified as a sight
distance corridor in accordance with City Standard Public
Street-Design Criteria, Section 8.B.3. The underlying property
owner shall maintain this condition.”
27. Prior to the issuance of a building permit, the developer must prepare and record a
lot line adjustment in order to officially change the proposed lot line between lots
No. 8 and 9.
28. Due to the potential for a non-storm water related spill in the service bays, the
developer shall design and implement a Storm Water Pollution Management Plan,
pursuant to Chapter 15.12 of the Carlsbad Municipal Code. This plan shall
address, but not be limited to, the following:
b Employee education program for spill responses
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b Housekeeping activities for routine service bay cleaning and maintenancl
b Periodic cleaning and maintenance of the oiYwater separators on site.
b Periodic inspection and an effectiveness determination of the petroleu
contaminant filtration system.
The Storm Water Pollution Management Plan shall remain on-site at all ti:
be subject to inspection upon request.
29. Prior to the issuance of a building permit, the developer shall record a re
parking and access agreement between Lot 8 and 9 to the satisfaction of
Engineer.
Water:
30. The Developer shall be responsible for all fees, deposits and charges which
collected before and/or at the time of issuance of the building pennit. The S;
County Water Authority capacity charge will be collected at issuance of applic
any meter installation.
3 1. The Developer shall provide detailed information to the District Engineer regardi
demand, irrigation demand, fire flow demand in gallons per minute, and project1
flow in million gallons per day.
32. The entire potable water system, recycled water system and sewer system
evaluated in detail by Developer and District Engineer to ensure that adequate I
pressure and flow demands can be met.
33. All District pipelines, pump stations, pressure reducing stations and appw
required for this project by the District shall be within public right-of way c
easements granted to the District of the City of Carlsbad.
34. Sequentially, the Developer’s Engineer shall do the following:
A. Meet with the City Fire Marshal and establish the fire protection requirem
B. Prepare and submit a colored recycled water use area map and submit thi
the Planning Department for processing and approval by the District Engi~
C. Prior to the preparation of sewer, water and recycled water improveme:
the Developer shall submit preliminary system layouts to the District Eng
review, comment and approval.
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35. The following note shall be placed on the final map: “This project is approved
express condition that building permits will not be issued for development of th
property unless the District serving the development has adequate water a]
capacity available at the time development is to occur, and that such water a
capacity will continue to be available until time of occupancy.’’
36. All potable water and recycled water meters shall be placed within public right o
37. The following items shall apply if checked:
a A public fire flow system shall be required for this industrial or COI
development, and it shall be constructed as a looped pipeline system.
General Conditions:
38. If any of the foregoing conditions fail to occur; or if they are, by their tern
implemented and maintained over time, if any of such conditions fail t
implemented and maintained according to their terms, the City shall have the
revoke or modify all approvals herein granted; deny or further condition issuax
future building permits; deny, revoke or further condition all certificates of 01
issued under the authority of approvals herein granted; institute and prosecute litj
compel their compliance with said conditions or seek damages for their viola
vested rights are gained by Developer or a successor in interest by the City’s apl
this site plan.
Code Reminders:
39. The Developer shall pay a landscape plan check and inspection fee as required b;
20.08.050 of the Carlsbad Municipal Code.
40. Approval of this request shall not excuse compliance with all applicable sectio:
Zoning Ordinance and all other applicable City ordinances in effect at time of
permit issuance, except as otherwise specifically provided herein.
41. The project shall comply with the latest non-residential disabled access requ
pursuant to Title 24 of the State Building Code.
42. All roof appurtenances, including air conditioners, shall be architecturally integr
concealed from view and the sound buffered from adjacent properties and SI
substance as provided in Building Department Policy No. 80-6, to the satisfactic
Directors of Community Development and Planning.
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43. All landscape and irrigation plans shall be prepared to conform with the L
Manual and submitted per the landscape plan check procedures on file in the
Department.
44. Any signs proposed for this development shall at a minimum be designed in con:
with the City’s Sign Ordinance and shall require review and approval of the
Director prior to installation of such signs.
NOTICE
Please take NOTICE that approval of your project includes the “imposition”
dedications, reservations, or other exactions hereafter collectively referred to for conve~
“fees/exactions.”
You have 90 days from September 16, 1998, to protest imposition of these feedexaction
protest them, you must follow the protest procedure set forth in Government Code
66020(a), and file the protest and any other required information with the City Ma
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure t
follow that procedure will bar any subsequent legal action to attack, review, set aside,
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/€
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor J
zoning, grading or other similar application processing or service fees in connection .
project; NOR DOES IT APPLY to any feedexactions of which you have previously be
a NOTICE similar to this, or as to which the statute of limitations has previously c
expired.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 16th day of September 199
following vote, to wit:
AYES: Chairperson Noble, Commissioners Compas, Heineman, S
and Welshons
NOES:
ABSENT: Commissioners Nielsen and Monroy
ABSTAIN:
BAILEY NOBGk, Chairperson
CAFUSBAD PLANNING COMMISSION
ATTEST:
Planning Director
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