HomeMy WebLinkAbout1998-12-02; Planning Commission; Resolution 4422.1
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PLANNING COMMISSION RESOLUTION NO. 4422
A RESOLUTION OF THE PLANNING COMMISSION OF THE crm OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A SITE DEVELOPMENT PLAN SDP 98-08
FOR THE DEVELOPMENT OF AN AUTOMOBILE
DEALERSHIP ON PROPERTY GENERALLY LOCATED ON
CAR COUNTRY DRIVE IN LOCAL FACILITIES
MANAGEMENT ZONE 3.
CASE NAME: NISSAN NEW CAR DEALERSHIP
CASE NO.: SDP 98-08
WHEREAS, Saitama Nissan (USA) Corporation, “Developer”, has
verified application with the City of Carlsbad regarding property owned by Rob
Townsend and Marilyn Jane Townsend, Trustees of the Townsend Family Trus
Dated May 30,1988, “Owner”, described as
Lot 5 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 Dew
Plan as shown on Exhibit(s) “A” - “K”, dated December 2, 1998, on file in the 1
Department, NISSAN NEW CAR DEALERSHIP, SDP 98-08, as provided by Chapt
of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 2nd day of Decembc
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 my, 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 follows:
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A) ThaS the foregoing recitations are true and correct.
B) Thai based on the evidence presented at the public hearing, the F
Cornmission RECOMMENDS APPROVAL of NISSAN NEW
DE.ALERSHIP, SDP 98-08, based on the following findings and subjec
folllowing conditions:
Findinps:
1. The requested use is properly related to the site, surroundings and environmental
is consistent with the various elements and objectives of the General Plan, wi
detrimental to existing uses or to uses specifically permitted in the area in w
proposed use is to be located, and will not adversely impact the site, surrour-
traffic circulation, in that the proposed land use is consistent with the Gene:
and the Car Country Specific Plan, all the buildings, parking areas, and dr
within the project would meet C-2 zone and/or SP-19 City standards; the b
have architecture and materials compatible with the surrounding aut
dealerships; and the buildings are set back a minimum of 25 feet from Car I
Drive. In addition, the 1,252 ADT generated by the proposed land
consistent with the traffic level projections for car dealerships analyzed
MEIR. .All feasible mitigation measures appropriate to the site ha7
incorporated into the project design; no additional mitigation, in the
roadway ilmprovements, is necessary.
2. That the site for the intended use is adequate in size and shape to accommodate tk
that the project meets all required City standards without the need for a 1
from those standards.
3. That all ya-rds, setbacks, walls, fences, landscaping, and other features necessary
the requested use to existing or permitted future uses in the neighborhood
provided and maintained, in that buildings comply with the setback and I
height sta~ndards of the Car Country Specific Plan (SP 19), the parking ar
the perimeter of the site are landscaped with a combination of trees, shru
ground cover, and the project has an 8 foot high masonry screen wall aro
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 (sic
curbs, andl gutters), adjacent public roadways, and the intersections near the
site have all been sized and constructed to meet the land use demand. The
site has good on-site circulation with one driveway that connects to Car (
Drive.
5. The Planning Commission finds that the project, as conditioned herein for SD
is in confo:rmance with the Elements of the City’s General Plan, based on the follc
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A. Land Use - the site is designated for regional commercial uses suc
automobile dealership.
B. Circulation - all the necessary frontage and street improvements hr
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
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 sewel
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 apl
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
con.current 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 pur
Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued avail;
public facillities and will mitigate any cumulative impacts created by the project.
8. This project has been conditioned to comply with any requirement approved as p;
Local Facilities Management Plan for Zone 3.
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 extenl
degree of fhe exaction is in rough proportionality to the impact caused by the proj
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Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all co
and modifications to the Site Development Plan document(s) necessary to mz
internally consistent and in conformity with final action on the project. Dew
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 98-08 is granted subject to the approval of CDP 98-37. SDP
subject to all conditions contained in Planning Commission Resolution No.
CDP 98-37.
3. The Developer shall comply with all applicable provisions of federal, state, i
ordinances in effect at the time of building permit issuance.
4. The Developer shall provide the City with a reproducible 24” x 36” mylar co]
Site Plan as approved by the final decision making body. The Site Plan shall r(
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 Develloper 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
Said blueline drawings shall also include a copy of any applicable Coastal Devl
Permit and. signed approved site plan.
6. Building permits will not be issued for this project unless the local agency I
water and sewer services to the project provides written certification to the
adequate water service and sewer facilities, respectively, are available to the proj
time of the application for the building permit, and that water and sewer cap;
facilities will continue to be available until the time of occupancy.
7. The Developer shall pay the public facilities fee adopted by the City Council or
1987, (amended July 2, 1991) and as amended fiom time to time, and any dev
fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad 1\
Code or other ordinance adopted to implement a growth management system or
and Improvement Plan and to fulfill the subdivider’s agreement to pay tl
facilities fee dated July 1, 1998, a copy of which is on file with the City Cle
incorporatfed by this reference. If the fees are not paid, this application wi
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 arc
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 limitr
payment of traffic impact fees.
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Prior to the issuance of the building or grading permit, whichever occurs first,
Developer 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 Planning Director, notifying all
interested parties and successors in interest that the City of Carlsbad has issued a Site
Development Plan by Resolution No. 4422 on the real property owned by the Developer.
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
Planning Director 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 Developer
or successor in interest.
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. All trash receptacles shall comply with the
design requirements of Specific Plan 19.
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
adjacent homes or property. The lighting plan shall comply with all the requirements
of Specific Plan 19.
No outdoor storage of materials shall occur onsite unless required by the Fire Chief. In
such instance a storage plan will be submitted for approval by the Fire Chief and the
Planning Director.
The Developer shall prepare a detailed landscape and irrigation plan in conformance with
the approved Preliminary Landscape Plan and the City’s Landscape Manual. The plans
shall be submitted to and approval obtained from the Planning Director prior to the
approval of the final map, grading permit, or building permit, whichever occurs first. The
Developer shall construct and install all landscaping as shown on the approved plans, and
maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and
debris.
The first submittal of detailed landscape and irrigation plans shall be accompanied by the
project’s building, improvement, and grading plans.
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.
The developer is aware that the City is preparing a non-residential housing impact fee
(linkage fee) consistent with Program 4.1 of the Housing Element. The applicant is
further aware that the City may determine that certain non-residential projects may have
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to pay a linkage fee, in order to be found consistent with the Housing Eleme-
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
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.
project will not be consistent with the General Plan and approval for this prc
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.
18. The Devel.oper shall provide proof of payment of statutory school fees to
conditions of overcrowding as part of the building permit application. The a]
these fees shall be determined by the fee schedule in effect at the time of buildir
application.
Engineerin?:
19. Prior to hauling dirt or construction materials to or from any proposed constru
within this project, the developer shall submit to and receive approval from
Engineer Cor the proposed haul route. The developer shall comply with all condi
requirements the City Engineer may impose with regards to the hauling operatio1
20. Prior to issuance of any building permit, the developer shall comply
requirements of the City's anti-graffiti program for wall treatments if and whc
program is formally established by the City.
21. The developer shall pay all current fees and deposits required.
22. The owner of the subject property shall execute an agreement holding the City
regarding drainage across the adjacent property.
23. Prior to approval of any grading or building permits for this project, the owner :
written consent to the annexation of the area shown within the boundarit
subdivision plan into the existing City of Carlsbad Street Lighting and Lar
District No. 1 on a form provided by the City.
24. The devel.oper shall comply with the City's requirements of the National
Discharge Elimination System (NPDES) permit. The developer shall pro.
management practices as referenced in the "California Storm Water Best Ma-
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Practices Handbook" to reduce surface pollutants to an acceptable level prior to (
to sensitive areas. Plans for such improvements shall be approved by the City 1
Said plans shall include but not be limited to notifying prospective owners and t
the following:
A. All owners and tenants shall coordinate efforts to establish or M
established disposal programs to remove and properly dispose of
hazardous waste products.
B. Toxic chemicals or hydrocarbon compounds such as gasoline, n
antifreeze, solvents, paints, paint thinners, wood preservatives, a
such fluids shall not be discharged into any street, public or privat
storm drain or storm water conveyance systems. Use and dis
pesticides, fungicides, herbicides, insecticides, fertilizers and ot
chemical treatments shall meet Federal, State, County a
requirements as prescribed in their respective containers.
C. Best Management Practices shall be used to eliminate or reducc
pollutants when planning any changes to the landscaping anc
improvements.
25. The structural section for the access aisles must be designed with a traffic index
accordance: with City Standards due to truck access through the parking area and!
with an NIT greater than 500. The structural pavement design of the aisle ways
submitted together with required R-value soil test information and approved by
as part of tlhe building site plan review.
26. The developer shall install sidewalks along all public streets abutting the PI
conformance with City of Carlsbad Standards prior to occupancy of any building:
Water:
27. The Developer shall be responsible for all fees, deposits and charges which
collected before and/or at the time of issuance of the building permit. The S:
County Water Authority capacity charge will be collected at issuance of applic
any meter installation.
28. The Developer shall provide detailed information to the District Engineer regardil
demand, irrigation demand, fire flow demand in gallons per minute, and projectt
flow in mil.lion gallons per day.
29. The entire potable water system, recycled water system and sewer system
evaluated in detail by Developer and District Engineer to ensure that adequate (
pressure artd flow demands can be met.
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30. All District pipelines, pump stations, pressure reducing stations and appur
required for this project by the District shall be within public right-of way c
easements granted to the District or the City of Carlsbad.
3 1. Sequentially, the Developer’s Engineer shall do the following:
A. Meet with the City Fire Marshal and establish the fire protection requiren-
B. Prepare and submit a colored recycled water use area map and submit thi
the Planning Department for processing and approval by the District Engil
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.
32. A public fire flow system shall be required for this industrial or commercial deve
and it shall be constructed as a looped pipeline system.
33. All potable water and recycled water meters shall be placed within public right of
Fire:
34. Prior to final inspection, all security gate systems controlling vehicular acct
be equipped with a “Knox” key-operated emergency entry device. Applica
contact the Fire Prevention Bureau for a specifications and approvals I
installatioa.
35. Vehicles shall be prohibited from parking in, or in front of, access driveway
time.
General Conditions:
36. If any of the foregoing conditions fail to occur; or if they are, by their term
implemented and maintained over time, if any of such conditions fail tc
implemented and maintained according to their terms, the City shall have the
revoke or modify all approvals herein granted; deny or further condition issuanc
future building permits; deny, revoke or further condition all certificates of ocl
issued under the authority of approvals herein granted; institute and prosecute litig
compel their compliance with said conditions or seek damages for their viola1
vested rights are gained by Developer or a successor in interest by the City’s apF
this site plan.
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Code Remindiers:
37. The Developer shall pay a landscape plan check and inspection fee as required b!
20.08.050 of the Carlsbad Municipal Code.
38. 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.
39. The project shall comply with the latest non-residential disabled access requ
pursuant to Title 24 of the State Building Code.
40. The developer shall exercise special care during the construction phase of this p
prevent offkite siltation. Planting and erosion control shall be provided in ac(
with the Carlsbad Municipal Code and the City Engineer.
41. All roof appurtenances, including air conditioners, shall be architecturally integr
concealed fiom view and the sound buffered fiom adjacent properties and st
substance as provided in Building Department Policy No. 80-6, to the satisfactic
Directors of Community Development and Planning.
42. 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.
43. Any signs proposed for this development shall at a minimum be designed in conf
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 conven
“fees/exactions.”
You have 90 days from date of final approval, to protest imposition of these fees/exac
you 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 Man
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure tl
follow that procedure will bar any subsequent legal action to attack, review, set aside,
annul their imposition.
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You are hereby FURTHER NOTIFIED that your right to protest the specified feed
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor
zoning, grading or other similar application processing or service fees in connection
project; NOR DOES IT APPLY to any fees/exactions of which you have previously bc
a NOTICE similar to this, or as to which the statute of limitations has previously (
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 2nd day of December, 195
following vote, to wit:
AYES: Chairperson Noble, Commissioners Compas, Heineman, 7
Savary, and Welshons
NOES:
AEISENT: Commissioner Monroy
AEETAIN:
f m*
i, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
.Planning Director
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