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HomeMy WebLinkAbout2006-03-15; Planning Commission; Resolution 60451 PLANNING COMMISSION RESOLUTION NO. 6045 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR THE DEMOLITION OF AN 4 EXISTING 83,000 SQUARE FOOT MANUFACTURING 5 BUILDING AND CONSTRUCTION OF A 159,000 SQUARE FOOT TWO-STORY BUILDING CONTAINING: 6 APPROXIMATELY 8,000 SQUARE FEET OF CUSTOMER LOUNGE AND RECEPTION AREA, 20,000 SQUARE FEET OF 7 PARTS AND STORAGE, APPROXIMATELY 50,000 SQUARE FEET HOUSING 72 SERVICE BAYS, AND NEW SERVICE 8 WRITER RECEPTION BOOTH AREA WITH A CANOPY 9 COVER ALL ON THE GROUND FLOOR, 7,000 SQUARE FEET OF OFFICE AND AN APPROXIMATELY 70,000 10 SQUARE FOOT PARKING DECK FOR APPROXIMATELY 265 PARKING STALLS ALL ON THE SECOND FLOOR, A 11 ROOF PARKING DECK OF APPROXIMATELY 70,000 j2 SQUARE FEET FOR APPROXIMATELY 265 PARKING SPACES, AND VEHICLE RAMPS TO PROVIDE ACCESS TO 13 THE SECOND FLOOR AND ROOF PARKING DECKS ON A 9.76 ACRE SITE LOCATED AT 6030 AVENIDA ENCINAS IN 14 THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 15 3. 16 CASE NAME: TOYOTA CARLSBAD SERVICE CENTER CASE NO.: CUP 05-09 17 WHEREAS, Toyota Carlsbad, "Developer," has filed a verified application with18 j 9 the City of Carlsbad regarding property owned by Stellar Properties, LLC, "Owner," described 20 as 21 Parcel 2 of Parcel Map No. 1310, in the City of Carlsbad, 22 County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, February 16,1973, 23 Recorder's file No. 73-042619 of official records 24 ("the Property"); and 25 WHEREAS, said verified application constitutes a request for a Conditional Use 26 Permit as shown on Exhibits "A" - "N" dated March 15, 2006, on file in the Planning 27 Department, TOYOTA CARLSBAD SERVICE CENTER - CUP 05-09, as provided by28 Chapter 21.42 of the Carlsbad Municipal Code; and 1 WHEREAS, the Planning Commission did, on the 15th day of March 2006, hold 2 a duly noticed public hearing as prescribed by law to consider said request; and 3 WHEREAS, at said public hearing, upon hearing and considering all testimony 4 5 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 6 relating to the CUP. 7 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning g Commission of the City of Carlsbad as follows: 9 A) That the foregoing recitations are true and correct. 10 B) That based on the evidence presented at the public hearing, the Commission 11 APPROVES TOYOTA CARLSBAD SERVICE CENTER - CUP 05-09, ^2 based on the following findings and subject to the following conditions: 13 Findings: 14 l. That the requested use is necessary or desirable for the development of the community, is 1 essentially in harmony with the various elements and objectives of the General Plan, and is not detrimental to existing uses specifically permitted in the zone in which the 16 proposed use is located, in that Car Country Carlsbad and all of the automobile dealerships in Car Country Carlsbad are a significant component of the City's fiscal 17 strength. Automobile dealerships must reasonably be able to conduct and expand business operations within the limits of what the General Plan and Zoning Code allow to remain stable; the expansion of the automobile service facilities for Toyota jo Carlsbad in this location is appropriate since there are other auto repair related businesses in the vicinity; as designed the project will not have significant adverse 20 effects on neighboring properties, existing infrastructure and services are available and are adequate to fulfill the needs of the development, and the expansion of the 21 facility strengthens the economic and jobs base for the community. 22 2. That the site for the intended use is adequate in size and shape to accommodate the use, in 23 that the new facility is proposed to be constructed consistent with all of the applicable development standards including those of the M Zone and the Parking 24 Ordinance. 25 3. That all the yards, setbacks, walls, fences, landscaping, and other features necessary to 25 adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained, in that the project includes design measures such as parapet 27 screening of the roof deck parking, reduced height light standards on the roof parking deck, landscaping along the freeway edge of the property, and building ° materials and embellishments that create a unique and interesting presence to the public. PC RESO NO. 6045 -2- 4. That the street system serving the proposed use is adequate to properly handle all traffic 2 generated by the proposed use, in that limited widening of Avenida Encinas is a condition of approval that will render the existing street system serving the 3 proposed use as adequate to properly handle all traffic generated by the proposed use. 4 e- 5. The Planning Commission of the City of Carlsbad does hereby find: 6 a. it has reviewed, analyzed and considered the Negative Declaration for the project and the environmental impacts therein identified for this project and any comments 7 thereon prior to ADOPTING the project; and g b. the Negative Declaration has been prepared in accordance with requirements of the 9 California Environmental Quality Act, the State Guidelines and the Environmental Protection Procedures of the City of Carlsbad; and 10 c. it reflects the independent judgment of the Planning Commission of the City of Carlsbad; and 12 f. based on the EIA Part II and comments thereon, there is no substantial evidence the 13 project will have a significant effect on the environment. 6. The Planning Commission finds that the project, as conditioned herein, is in 1 _ conformance with the Elements of the City's General Plan based on the facts set forth in the staff report dated March 15, 2006 including, but not limited to the project site is 16 located within an area that is established with industrial uses. Other facilities in the general vicinity include automobile service and/or repair. Buildings in this area are generally of the same height and mass as the proposed project. Vehicle storage and security lighting is screened on the roof parking deck and second floor parking (storage) is within the building. 19 7. The project is consistent with the Comprehensive Land Use Plan (CLUP) for the 20 McClellan-Palomar Airport, dated April 1994, in that he 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. 22 8. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal 23 Code Section 14.28.020 and Landscape Manual Section I B). 24 9. 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. 27 Conditions; 28 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of grading or building permit, whichever occurs first. PCRESONO. 6045 -3- 1. If any of the following conditions fail to occur; or if they are, by their terms, to be 2 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 3 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; record a notice of violation on the <- property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer 6 or a successor in interest by the City's approval of this Conditional Use Permit. 7 2. 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 9 shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. 10 3. Developer shall comply with all applicable provisions of federal, state, and local laws and * regulations in effect at the time of building permit issuance. 12 4. If any condition for construction of any public improvements or facilities, or the payment 13 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 14 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. 16 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold 17 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 Conditional Use Permit, (b) City's approval or issuance of any permit or action, whether discretionary or non- 20 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 23 validated. 24 6. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of the Site Plan reflecting the conditions approved by the final decision making body. 25 7. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the School District that this project has satisfied its obligation to provide 27 school facilities. 8. 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 PC RESO NO. 6045 -4- adequate water service and sewer facilities, respectively, are available to the project at the 2 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. 3 9. 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 c- 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 6 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 7 substantial negative effects. 10. This approval is granted subject to the approval of CDP 05-19 and SDP 91-12(A) and is 9 subject to all conditions contained in Planning Commission Resolutions No. 6046 and 6047 for those other approvals incorporated herein by reference. 10 11. This approval shall become null and void if building permits are not issued for this project within 18 months from the date of project approval. 12 12. Building permits will not be issued for this project unless the local agency providing 13 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 14 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. 16 13. Developer shall submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and 17 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. 19 14. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the 20 landscape plan check process on file in the Planning Department and accompanied by the project's building, improvement, and grading plans. 21 22 15. Developer shall provide bus stops to service this development at locations and with reasonable facilities to the satisfaction of the North County Transit District and the 23 Planning Director. Said facilities, if required, shall be free from advertising and shall include at a minimum include a bench and a pole for the bus stop sign. The facilities 24 shall be designed to enhance or be consistent with basic architectural theme of the project. 25 16. All roof appurtenances, including air conditioners, shall be architecturally integrated and 26 concealed from view and the sound buffered from adjacent properties and streets, in substance as provided in Building Department Policy No. 80-6, to the satisfaction of the 27 Directors of Community Development and Planning. 2° 17. 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 PCRESONO. 6045 -5- interested parties and successors in interest that the City of Carlsbad has issued a 2 Conditional Use Permit by Resolution No. 6045 on the property. Said Notice of Restriction shall note the property description, location of the file containing complete 3 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 c said notice upon a showing of good cause by the Developer or successor in interest. 6 18. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot high masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal 7 Code Chapter 21.105. 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. 9 19. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. 10 When so required, the Developer shall submit and obtain approval of the Fire Chief and the Planning Director of an Outdoor Storage Plan, and thereafter comply with the 1 * approved plan. 12 20. Developer shall submit and obtain Planning Director approval of an exterior lighting plan 13 including parking areas. All lighting shall be designed as full cut-off and reflect downward to avoid any impacts on adjacent property. 14 21. All signage for the site shall be subject to a sign program. Prior to occupancy, the applicant shall prepare and submit to the Planning Director for approval a 16 comprehensive sign program consistent with the Sign Ordinance (Chapter 21.41 of the Carlsbad Municipal Code). 17 22. Prior to the issuance of building permits, the Developer shall prepare and record a Notice that this property may be subject to noise impacts from the proposed or existing j Q Transportation Corridor, in a form meeting the approval of the Planning Director and City Attorney (see Noise Form #1 on file in the Planning Department). 20 23. Prior to the issuance of building permits, the Developer shall prepare and record a Notice 21 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). 23 Engineering 24 24. Based upon a review of the proposed grading and the grading quantities shown on the site 5 plan, a grading permit for this project is required. Developer shall apply for and obtain a 25 grading permit from the city engineer prior to issuance of a building permit for the project. 27 25. Prior to the issuance of a grading permit or building permit, whichever occurs first, 28 Developer shall submit to the City Engineer proof that a Notice of Intention for the start of work has been submitted to the State Water Resources Control Board. PC RESO NO. 6045 -6- 26. Prior to hauling dirt or construction materials to or from any proposed construction site 2 within this project, Developer shall apply for and obtain approval from, the City Engineer for the proposed haul route. 3 27. Developer shall cause Owner to make an irrevocable offer of dedication to the City and/or other appropriate entities for all public streets and other easements shown on the site plan. The offer shall be made by a certificate on the final map and/or separate recorded document. All land so offered shall be offered free and clear of all liens and 6 encumbrances and without cost. Streets that are already public are not required to be rededicated. 7 28. Additional drainage easements may be required. Developer shall dedicate and provide or install drainage structures, as may be required by the City Engineer, prior to or concurrent 9 with any grading or building permit. 10 29. Developer shall execute and record a City standard development improvement agreement to install and secure with appropriate security as provided by law, public improvements shown on the site plan and the following improvements including, but not limited to 12 paving, base, asphalt concrete berm, street striping, street signs, grading, clearing and grubbing, undergrounding or relocation of utilities, water, fire hydrants, and retaining 13 walls, to City Standards to the satisfaction of the City Engineer. 14 a. Widen Avenida Encinas to a temporary width of 43 feet with reduced widths at the tapered ends. b. Grade westerly side of Avenida Encinas to accommodate street widening and 16 road shoulder. c. Relocate existing facilities (i.e. street signs, power poles, etc.) as necessary. 17 d. Relocate water line and add fire hydrant. 1 O Improvements listed above shall be constructed within 18 months of approval of the in subdivision or development improvement agreement or such other time as provided in said agreement. 20 30. Prior to issuance of building permits, Developer shall underground all existing overhead utilities within the project boundary. 22 31. Developer shall comply with the City's requirements of the National Pollutant Discharge 23 Elimination System (NPDES) permit. Developer shall provide improvements constructed pursuant to best management practices as referenced in the "California Storm Water Best 24 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: 27 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. PCRESONO. 6045 -7- b. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, 2 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 3 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 t- containers. c. Best Management Practices shall be used to eliminate or reduce surface pollutants 6 when planning any changes to the landscaping and surface improvements. 7 32. 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)." The SWPPP shall be in compliance with current requirements and provisions 9 established by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Requirements. The SWPPP shall address measures to reduce 10 to the maximum extent practicable storm water pollutant runoff during construction of the project. At a minimum, the SWPPP shall:11 . 2 a. include all content as established by the California Regional Water Quality Control Board requirements; 13 b. include the receipt of "Notice of Intent" issued by the California Regional Water Quality Control Board; 14 c. recommend source control and treatment control Best Management Practices (BMPs) that will be implemented with this project to avoid contact or filter said pollutants from storm water to the maximum extent practicable before discharging 15 to City right-of-way or natural drainage course; and d. establish specific procedures for handling spills and routine clean up. Special 17 considerations and effort shall be applied to employee education on the proper procedures for handling clean up and disposal of pollutants.18 in 33. 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)." 20 The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban Storm water Mitigation Plan (SUSMP), Order 2001-01 issued by the San Diego Region of 21 the California Regional Water Quality Control Board and City of Carlsbad Municipal Code. The SWMP shall address measures to avoid contact or filter said pollutants from storm water, to the maximum extent practicable, for the post-construction stage of the 23 project. At a minimum, the SWMP shall: 24 a. identify existing and post-development on-site pollutants-of-concern; b. identify the hydrologic unit this project contributes to and impaired water bodies that could be impacted by this project; 26 c. recommend source controls and treatment controls that will be implemented with this project to avoid contact or filter said pollutants from storm water to the 27 maximum extent practicable before discharging to City right-of-way; d. establish specific procedures for handling spills and routine clean up. Special 28 considerations and effort shall be applied to employee education on the proper procedures for handling clean up and disposal of pollutants; PC RESO NO. 6045 -8- e. ensure long-term maintenance of all post construct BMPs in perpetuity; and 2 f. identify how post-development runoff rates and velocities from the site will not exceed the pre-development runoff rates and velocities to the maximum extent 3 practicable. 4 34. Prior to building permit or grading permit issuance, whichever occurs first Developer <- shall have design, apply for and obtain approval of the City Engineer, for the structural section for the access aisles with a traffic index of 5.0 in accordance with City Standards 6 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 7 required R-value soil test information and approved by the City Engineer as part of the building or grading plan review whichever occurs first.8 9 35. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on the site plan are for planning purposes only. Developer shall pay traffic impact and sewer 10 impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad Municipal Code, respectively. * 2 36. Prior to approval of improvement plans or final map, Developer shall meet with the Fire Marshal to determine if fire protection measures (fire flows, fire hydrant locations, 13 building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be considered public improvements and shall be served by public water mains to the 14 satisfaction of the Deputy City Engineer - Utilities. 37. The Developer shall design and construct public facilities within public right-of-way or 15 within minimum 20-foot wide easements granted to the District or the City of Carlsbad. At the discretion of the Deputy City Engineer - Utilities, wider easements may be 17 required for adequate maintenance, access and/or joint utility purposes. 1 810 38. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges jo for connection to public facilities. Developer shall pay the San Diego County Water Authority capacity charge(s) prior to issuance of Building Permits. 20 39. The Developer shall prepare a colored recycled water use map and submit this map to the 21 Planning Department for processing and approval by the Deputy City Engineer - Utilities. 22 40. The Developer shall design landscape and irrigation plans utilizing recycled water as a 23 source. Said plans shall be submitted to the satisfaction of the Deputy City Engineer - Utilities. 24 41. The Developer shall install potable water and recycled water services and meters at a 25 location approved by the Deputy City Engineer - Utilities. The locations of said services 26 shall be reflected on public improvement plans. 27 42. The Developer shall design and construct public water, sewer, and recycled water facilities substantially as shown on the Site Plan to the satisfaction of the Deputy City 28 Engineer - Utilities. Proposed public facilities shall be reflected on public improvement plans. PC RESO NO. 6045 -9- 43. This project is approved upon the express condition that building permits will not be 2 issued for the development of the subject property, unless the Deputy City Engineer - Utilities has determined that adequate water and sewer facilities are available at the time 3 ofoccupancy. 44. The existing 10" water line located adjacent to the southerly property line to be used <- for fire service shall be equipped with a double detector check valve built to City standards. The valve shall be located at the front property line and on private 6 property. 7 Code Reminders g 45. Developer shall pay a landscape plan check and inspection fee as required by Section 9 20.08.050 of the Carlsbad Municipal Code. 10 46. 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. 12 47. The project shall comply with the latest non-residential disabled access requirements 13 pursuant to Title 24 of the State Building Code. 14 48. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. 49. 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 17 Director prior to installation of such signs. 18 19 20 21 22 23 24 25 26 27 28 PCRESONO. 6045 -10- 1 NOTICE 2 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." 5 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 6 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. 9 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions 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 12 expired. 13 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning 14 Commission of the City of Carlsbad, California, held on the 15th day of March 2006 by the 15 following vote, to wit: 16 AYES: Chairperson Montgomery, Commissioners Baker, Cardosa, Dominguez, Heineman, Segall and Whitton 18 NOES: 19 ABSENT:20 21 ABSTAIN: 22 #3 23 MARTELL B. MONTGOMERY, ||Kirperson CARLSBAD PLANNING COMMISSION24 25 ATTEST: 26 27 DON NEU Assistant Planning Director PC RESO NO. 6045 -11-