HomeMy WebLinkAbout2003-04-02; Planning Commission; Resolution 53951
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
PLANNING COMMISSION RESOLUTION NO. 5395
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE
ALLOW THE ADDITION OF A PARKING STRUCTURE FOR
AN EXISTING CAR DEALERSHIP AND SERVICE CENTER
ON PROPERTY GENERALLY LOCATED AT 5 124 CANNON
ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 3.
CASE NAME: TOYOTA CARLSBAD PARKING STRUCTURE
DEVELOPMENT PLAN AMENDMENT, SDP 95-08(A) TO
CASE NO.: SDP 95-08(A)
WHEREAS, Stellar Properties, LLC, “Developer”/”Owner,” has filed a verified
application with the City of Carlsbad regarding property described as
Lot 1 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 the County Recorder of
San Diego County, October 28,1988; together with
Lot 4 of Carlsbad Tract No. 72-3, in the City of Carlsbad,
County of San Diego, State of California, According to Map
thereof No. 7492, filed in the office of the County Recorder of
San Diego County, November 30,1972
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Site Development
Plan Amendment as shown on Exhibits “A” - “K” dated April 2,2003, on file in the Planning
Department, TOYOTA CARLSBAD PARKING STRUCTURE - SDP 95-08(A) as provided
by Chapter 21.06 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 2nd day of April, 2003, 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 Site Development Plan Amendment.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
WHEREAS, on March 23, 1983, the Planning Commission approved PCD-42,
as described and conditioned in Planning Commission Resolution No. 2097, and;
WHEREAS, on May 1, 1996, the Planning Commission approved, SDP 95-08,.
as described and conditioned in Planning Commission Resolution No. 3928.
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 Planning
Commission APPROVES TOYOTA CARLSBAD PARKING STRUCTURE
- SDP 95-08(A) based on the following findings and subject to the following
conditions:
Findinps:
1. That the requested use is properly related to the site, surroundings and environmental
settings, is consistent with the various elements and objectives of the General Plan, will
not be detrimental to existing uses or to uses specifically permitted in the area in which
the proposed use is to be located and will not adversely impact the site, surroundings or
traffic circulation, in that the proposed parking structure will be designed with a
similar architectural style as the existing service building. The site is surrounded by
other car dealerships in the area and the addition of the parking structure will
provide additional parking for employees and for new and used vehicles and will
have no negative impacts on the surrounding uses.
2. That the site for the intended use is adequate in size and shape to accommodate the use, in
that the proposed addition is 23,809 square feet in area and the total lot coverage is
19.9%, which is less than the allowable lot coverage of 25% for properties within
the Car Country Specific Plan Area.
3. That all 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 proposed addition is located behind the existing
service building, the existing landscaping will be supplemented to screen the
parking structure and the proposed structure is consistent with all development
standards contained in the Specific Plan - SP-l9(C).
4. That the street systems serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the addition of the parking structure will not
impact the street system.
PC RES0 NO. 5395 -2-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
5. 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 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.
6. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 3 and all City public facility policies and
ordinances. The project includes elements or has been conditioned to construct or
provide funding to ensure that all facilities and improvements regarding: sewer collection
and treatment; water; drainage; circulation; fire; schools; parks and other recreational
facilities; libraries; government administrative facilities; and open space, related to the
project will be installed to serve new development prior to or concurrent with need.
7. 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.
Conditions:
Note:
1.
2.
3.
4.
Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of
building permits.
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 modi@ all approvals herein granted; deny or Mer condition issuance of all
hture 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 Site Development Plan Amendment.
Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Site Development Plan Amendment 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 fi-om 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
PC RES0 NO. 5395 -3-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
5.
6.
7.
8.
9.
10.
11.
12.
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 indemnifl, protect, defend and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from 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, from (a) City’s approval and issuance of this Site Development Plan
Amendment, and (b) City’s approval or issuance of any permit or action, whether
discretionary or non-discretionary, in connection with the use contemplated herein. 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 Amendment reflecting the conditions approved by the final
decision making body.
Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the Carlsbad Unified 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 3 Local Facilities Management Plan and any amendments made to that
Plan prior to the issuance of building permits.
Prior to issuance of building permit, 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, notifylng all interested parties and successors in interest that the
City of Carlsbad has issued a Site Development Plan Amendment and Coastal
Development Permit by Resolutions No. 5395 and 5396 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.
This approval is subject to all conditions contained in Planning Commission Resolutions
No. 2097 for PCD-42 and No. 3928 for SDP 95-08 incorporated by reference herein.
This approval is granted subject to the approval of CDP 02-29 and is subject to all
conditions contained in Resolution No. 5396 for that other approval incorporated by
reference herein.
Up to 10 additional 24” box trees may be required to provide additional screening of
the west side of the parking structure. The species, quantity and location of the
trees to be sited within the slope area shall be subject to Planning Director approval.
PC RES0 NO. 5395 -4-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
13. Developer shall submit and obtain Planning Director approval of an exterior lighting plan
for the parking structure. All lighting shall be designed to reflect downward and avoid
any impacts on adjacent homes or property. The pole height shall not exceed a
maximum of 20'. The number of poles shall be kept to a minimum where possible
by combining several luminaries on a single pole. To reduce off-site impacts, fifty
(50) percent of all outdoor lights shall be turned off after 10 p.m.
Enpineering
General
14. 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.
15. 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.
FeedAgreements
16. 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.
Grading
17.
18.
19.
No grading for private improvements shall occur outside the limits of this approval unless
Developer obtains, records and submits a recorded copy to the City Engineer a grading or
slope easement or agreement from the owners of the affected properties. If Developer is
unable to obtain the grading or slope easement, or agreement, no grading permit will be
issued. In that case Developer must either apply for and obtain an amendment of this
approval or modify the plans so grading will not occur outside the project and apply for
and obtain a finding of substantial conformance from both the City Engineer and
Planning Director.
Based upon a review of the proposed grading and the grading quantities shown on the site
plan, a grading permit for this project is required. Developer shall apply for and obtain a
grading permit from the City Engineer prior to issuance of a building permit for the
project .
All grading activities shall be planned in units it can be completed by October 1st.
Grading activities shall be limited to the "dry season", April 1st to October 1st of each
year. Grading activities may be extended to November 15th and beyond upon written
approval of the City Engineer, obtained in advance, and only if all erosion control
measures are in place by October 1 st.
PC RES0 NO. 5395 -5-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
20.
21.
22.
Developer shall have the entire drainage system designed, submitted to and approved by
the City Engineer, to ensure that runoff resulting from 10-year frequency storms of 6
hours and 24 hours duration under developed conditions, are equal to or less than the
runoff from a storm of the same frequency and duration under existing developed
conditions. Both 6 hour and 24 hour storm durations shall be analyzed to determine the
detention basin capacities necessary to accomplish the desired results.
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.
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, hgicides,
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.
Prior to the issuance of grading permit or building permit, whichever occurs first,
Developer shall submit for City approval a "Storm Water Management Plan (SWMP)".
The SWMP shall be in compliance with current requirements and provisions established
by the San Diego Region of the California Regional Water Quality Control Board and
City of Carlsbad Requirements. The SWMP shall address measures to reduce, to the
maximum extent possible, storm water pollutant runoff at both construction and post-
construction stages of the project. The SWMP shall:
A. Identify existing and post-development on-site pollutants.
B. Recommend structural and non-structural measures to be implemented to avoid
pollution or treat pollutants fiom storm water before being discharged from the
site.
C. Establish specific procedures for handling spills and routine clean up. Special
considerations and effort shall be applied to employee, customer or resident
PC RES0 NO. 5395 -6-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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.
- Fire:
23. Sprinklers and standpipes shall be required for the proposal.
Code Reminders:
The project is subject to all applicable provisions of local ordinances, including but not limited to
the following:
24. 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.
25. 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.
26. The project shall comply with the latest non-residential disabled access requirements
pursuant to Title 24 of the State Building Code.
27. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
28. Any signs proposed for this development shall at a minimum be designed in conformance
with the City’s Sign Ordinance and shall require review and approval of the Planning
Director prior to installation of such signs.
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 feedexactions. 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,
PC RES0 NO. 5395 -7-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
zoning, grading or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any feedexactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the planning
Commission of the City of Carlsbad, California, held on the 2nd day of April, 2003, by the
following vote, to wit:
AYES: Chairperson Baker, Commissioners Dominguez, Heineman,
Montgomery, Segall, White, and Whitton
NOES: None
ABSENT: None
ABSTAIN: None
R,'Chairperson
PLANNING COMMISSION
ATTEST:
MICHAEL J. HOTZMIER
Planning Director
PC RES0 NO. 5395 -8-