HomeMy WebLinkAbout2002-05-01; Planning Commission; Resolution 51881
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PLANNING COMMISSION RESOLUTION NO. 5188
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO ALLOW STORAGE OF NEW
CARS ON PROPERTY GENERALLY LOCATED AT THE
NORTHWEST END OF DRYDEN PLACE IN LOCAL
FACILITIES MANAGEMENT ZONE 5.
CASE NAME: LOT 23 AUTO STORAGE FACILITY
CASE NO.: CUP 02-05
WHEREAS, Michael J. Durkin, “Owner/Developer,” has filed a verified
application with the City of Carlsbad regarding property described as
Lot 23 of Carlsbad Tract No. 81-46 Unit No. 1, in the City of
Carlsbad, County of San Diego, State of California, according
to the Map thereof No. 11287, filed in the Office of the County
Recorder of San Diego County, July 16,1985
(“the Property”); and *
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit as shown on Exhibit(s) “A” - )‘D” dated May 1,2002, on file in the Carlsbad Planning
Department, LOT 23 AUTO STORAGE FACILITY - CUP 02-05, as provided by Chapter
21.42 and 21.50 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 1st day of May, 2002, 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 testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the CUP.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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 Commission
APPROVES LOT 23 AUTO STORAGE FACILITY - CUP 02-05, based on
the following findings and subject to the following conditions:
Findings: 1
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That th le requested use is necessary or desirable for the development of th .e communit! I, is essentially in harmony with the vkous elements and objectives of the General Plan, and
is not detrimental to existing uses specifically permitted in the zone in which the
proposed use is located, in that the proposed use will provide new car storage facilities
for local auto dealerships, is compatible with the surrounding industrial uses, and
will not generate customer traffic to this area.
That the site for the intended use is adequate in size and shape to accommodate the use, in
that the 4.73 acre lot (3.03 net acres) will be able to accommodate approximately 635
vehicles on site while maintaining the required fire access lanes.
That all the yards, setbacks, walls, fences, landscaping, and other features necessary to
adjust the requested use to existing or permitted future uses in the neighborhood will be
provided and maintained, in that the storage lot will be screened by an 8 foot high
decorative stucco wall along the street frontage and the entire 30 foot front setback
will be landscaped with a combination of trees, shrubs and groundcover. Minimum
10 foot landscape areas are proposed along the side setbacks to screen the
automobiles from the adjacent properties and the property will be secured along the
sides and rear with a 6 foot high chain link fence.
That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the “local” street with a capacity of 2,000
maximum Average Daily Traffic (ADT) is more than adequate to handle the 91
ADT the proposed project is expected to generate.
The project is consistent with the Comprehensive Land Use Plan (CLUP) for the
McClellan-Palomar Airport, dated April 1994, in that it is a use that will not be
impacted by airport operations since it contains no buildings and will only be used
for storage of new automobiles. The project is compatible with the projected noise
levels of the CLUP; and, based on the noise/land use compatibility matrix of the CLUP,
the proposed land use is compatible with the airport, in that employees will only be at
the site for short durations of time during pick-up or delivery of vehicles.
That the Planning Director has determined that the project belongs to a class of projects
that the State Secretary for Resources has found do not have a significant impact on the
environment, and it is therefore categorically exempt from the requirement for the
preparation of environmental documents pursuant to Section 15332-In-Fill Development
Projects, which exempts in-fill development projects in urbanized areas within the
City limits on sites of no more than 5 acres, of the state CEQA Guidelines. In making
this determination, the Planning Director has found that the exceptions listed in Section
15300.2 of the state CEQA Guidelines do not apply to this project.
The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed
to mitigate impacts caused by or reasonably related to the project, and the extent and the
degree of the exaction is in rough proportionality to the impact caused by the project.
PC RES0 NO. 5188 -2-
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Conditions:
Note:
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Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
building permit or approval of landscape plans.
If any of the following conditions fail to occur; or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke or further condition all certificates of occupancy
issued under the authority of approvals herein granted; institute and prosecute litigation to
compel their compliance with said conditions or seek damages for their violation. No
vested rights are gained by Developer or a successor in interest by the City's approval of
this Conditional Use Permit.
Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Conditional Use Permit documents, as necessary to make them
internally consistent and in conformity with the final action on the project. Development
shall occur substantially as shown on the approved Exhibits. Any proposed development
different fiom this approval, shall require an amendment to this approval.
Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
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
66020. 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.
Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, fiom and against any and all liabilities, losses, damages, demands, claims
and costs, including court costs and attorney's fees incurred by the City arising, directly
or indirectly, fiom (a) City's approval and issuance of this Conditional Use Permit, (b)
City's approval or issuance of any permit or action, whether discretionary or non-
discretionary, in connection with the use contemplated herein, and (c)
Developer/Operator's installation and operation of the facility permitted hereby,
including without limitation, any and all liabilities arising from the emission by the
facility of electromagnetic fields or other energy waves or emissions. This obligation
survives until all legal proceedings have been concluded and continues even if the City's
approval is not validated.
Developer shall submit to the Planning Department a reproducible 24" x 36", mylar
copy of the Site Plan reflecting the conditions approved by the final decision making
body.
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Prior to the issuance of a building permit, the Developer shall provide proof to the
Director fiom the School District that this project has satisfied its obligation to provide
school facilities.
This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 5 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
This approval shall become null and void if building permits are not issued for this
project within 18 months fiom the date of project approval.
Approval is granted for Lot 23 Auto Storage Facility - CUP 02-05 as shown on Exhibits
“A” - (‘D”, dated May 1, 2002, on file in the Planning Department and incorporated
herein by reference. Development shall occur substantially as shown unless otherwise
noted in these conditions.
Building permits will not be issued for this project unless the local agency providing
water and sewer services to the project provides written certification to the City that
adequate water service and sewer facilities, respectively, are available to the project at
the time of the application for the building permit, and that water and sewer capacity and
facilities will continue to be available until the time of occupancy.
This Conditional Use Permit shall be reviewed by the Planning Director annually to
determine if all conditions of this permit have been met and that the use does not have a
Substantial negative effect on surrounding properties or the public health and welfare. If
the Planning Director determines that the use has such Substantial negative effects, the
Planning Director shall recommend that the Planning Commission, after providing the
permittee the opportunity to be heard, add additional conditions to reduce or eliminate the
Substantial negative effects.
This Conditional Use Permit is granted for a period of five (5) years from May 1,2002 to
April 30,2007. This permit may be revoked at any time after a public hearing, if it is
found that the use has a Substantial detrimental effect on surrounding land uses and the
public’s health and welfare, or the conditions imposed herein have not been met. This
permit may be extended for a reasonable period of time not to exceed five (5) years upon
written application of the permittee made no less than 90 days prior to the expiration date.
The Planning Commission may not grant such extension, unless it finds that there are no
Substantial negative effects on surrounding land uses or the public’s health and welfare.
If a Substantial negative effect on surrounding land uses or the public’s health and welfare
is found, the extension shall be denied or granted with conditions which will eliminate or
substantially reduce such effects. There is no limit to the number of extensions the
Planning Commission may grant.
Building permits are required for all walls or fences exceeding 6 feet in height.
The project is approved solely for the storage of new automobiles. No used cars,
RV’s, or employee parking shall be permitted on site.
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Landscape
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Notice
Developer shall submit and obtain Planning Director approval of a Fin la1 Landscap le and
Irrigation Plan showing conformance with the approved Preliminary Landscape Pian and
the City’s Landscape Manual. Developer shall construct and install all landscaping as
shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving
condition, free from weeds, trash, and debris.
The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
landscape plan check process on file in the Planning Department and accompanied by the
project’s building, improvement, and grading plans.
Shrubs and groundcover shall be added per the Landscape Manual for Erosion
Control/Slope Revegetation on the rear slope to replace the dead and dying plant
materials. In addition, the irrigation system shall be repairedreplaced to insure that the
plants are adequately watered.
19. Developer shall report, in writing, to the Planning Director within 30 days, any address
change from that which is shown on the permit application.
20. Prior to the issuance of a building permit or landscape plan approval, 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, notifjmg all interested parties and
successors in interest that the City of Carlsbad has issued a Conditional Use Permit by
Resolution No. 5188 on the property. 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.
21. Prior to issuance of a building permit, the Developer shall prepare and record a Notice
that this property is subject to overflight, sight and sound of aircraft operating from
McClellan-Palomar Airport, in a form meeting the approval of the Planning Director and
the City Attorney (see Noise Form #2 on file in the Planning Department).
22. Prior to issuance of building permits, the Developer shall record an Avigation Easement
for the property to the County of San Diego and file a copy of the recorded document
with the Planning Director.
Enpineering Department:
General
23. Prior to hauling dirt or construction materials to or from any proposed construction site
within this project, Developer shall apply for and obtain approval from, the City Engineer
for the proposed haul route.
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24. Prior to issuance of any building permit, Developer shall comply with the requirements of
the City's anti-graffiti program for wall treatments if and when such a program is
formally established by the City.
FeedAPreements
25. Developer shall cause property owner to execute, record and submit a recorded copy to
the City Engineer, a deed restriction on the property which relates to the proposed cross
lot drainage as shown on the Site Plan. The deed restriction document shall be in a form
acceptable to the City Engineer and shall:
A. Clearly delineate the limits of the drainage course;
B. State that the drainage course is to be maintained in perpetuity by the underlying
property owner; and
C. State that all future use of the property along the drainage course will not restrict,
impede, divert or otherwise alter drainage flows in a manner that will result in
damage to the underlying and adjacent properties or the creation of a public
nuisance.
26. Prior to approval of any grading or building permits for this project, Developer shall
cause Owner to give written consent to the City Engineer to the annexation of the area
shown within the boundaries of the subdivision into the existing City of Carlsbad Street
Lighting and Landscaping District No. 1, on a form provided by the City Engineer.
Dedicationsfimprovements
27. Developer shall cause Owner to execute a covenant of easement for private drainage
purposes as shown on the Site Plan. Developer shall provide City Engineer with proof of
recordation prior to issuance of building permit.
28. Developer shall comply with the City's requirements of the National Pollutant Discharge
Elimination System (NPDES) permit, latest version. Developer shall provide
improvements constructed pursuant to best management practices as referenced in the
"California Storm Water Best Management Practices Handbook" to reduce surface
pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such
improvements shall be submitted to and subject to the approval of the City Engineer.
Said plans shall include but not be limited to notifying prospective owners and tenants of
the following:
A. 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.
B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil,
antifkeeze, solvents, paints, paint thinners, wood preservatives, and other such
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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.
C. Best Management Practices shall be used to eliminate or reduce surface pollutants
when planning any changes to the landscaping and surface improvements.
Prior to the issuance of grading permit or building permit, whichever occurs first,
Developer shall submit for City approval a “Storm Water Pollution Prevention Plan
(SWPPP)”. This site is considered a “priority project” as outlined by the Regional
Water Quality Control Board. The SWPPP shall be in compliance with current
requirements and provisions established by the San Diego Region of the California
Regional Water Quality Control Board. The SWPPP shall identify measures to
reduce to the maximum extent possible storm water pollutant runoff at both
construction and post-construction phases of the project. At a minimum, the
SWPPP shall:
A. Identify existing and post-development on-site pollutants.
B. Recommend source control Best Management Practices (BMPs) to filter said
pollutants.
C. Establish specific procedures for handling spills and routine clean up. Special
considerations and effort shall be applied to employee education on the proper
procedures for handling clean up and disposal of pollutants.
D. Ensure long-term maintenance of all post construct BMPs in perpetuity.
E. Identify how post-development runoff rates and velocities fiom the site will not
exceed the pre-development runoff rates and velocities for a 10-year 6-hour event.
If maintaining post-development rates at pre-development levels cannot be
achieved, adequate justification, subject to the City Engineer’s approval, must be
provided.
Fire Department:
30. Fire lanes shall be provided throughout the lot to the satisfaction of the Fire
Department.
Standard Code Reminders
3 1. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
#17, the License Tax on new construction imposed by Carlsbad Municipal Code Section
5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by
Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
Local Facilities Management Plan fee for Zone 5, pursuant to Chapter 21.90. All such
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taxedfees shall be paid at issuance of building permit. If the taxedfees are not paid, this
approval will not be consistent with the General Plan and shall become void.
Developer shall pay a landscape plan check and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
Approval of this request shall not excuse compliance with all applicable sections of the
Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
Developer shall exercise special care during the construction phase of this project to
prevent offsite siltation. Planting and erosion control shall be provided in accordance
with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction
of the City Engineer.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees,
dedications, reservations, or other exactions hereafter collectively referred to for convenience as
“fees/exactions.”
You have 90 days from date of final approval to protest imposition of these fees/exactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified feedexactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given
a NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired. ...
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PASSED,
Commission of the Cit]
following vote, to wit:
AYES:
NOES:
APPROVED AND ADOPTED at a regular meeting of the Planning
y of Carlsbad, California, held on the 1st day of May, 2002 by the
Chairperson Trigas, Commissioners Baker, Dominguez,
Heineman, Segall, White, and Whitton
ABSENT:
ABSTAIN:
n
SEENA TRIGAS, Chairperson
CARLSBAD PLANNING COMMISSION
w
ATTEST:
Planning Director
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