HomeMy WebLinkAbout2006-03-15; Planning Commission; Resolution 60461 PLANNING COMMISSION RESOLUTION NO. 6046
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A
COASTAL DEVELOPMENT PERMIT FOR THE DEMOLITION
4 OF AN 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
12 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
5 3.
! 6 CASE NAME: TOYOTA CARLSBAD SERVICE CENTER
CASE NO.: CDP05-19
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WHEREAS, Toyota Carlsbad, "Developer," has filed a verified application with18
19 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 Coastal
26 Development Permit as shown on Exhibits "A" - "N" dated March 15, 2006, on file in the
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Planning Department, TOYOTA CARLSBAD SERVICE CENTER - CDP 05-19 as provided
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by Chapter 21.201.040 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
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WHEREAS, at said public hearing, upon hearing and considering all testimony
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5 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
6 relating to the CDP.
7 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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Commission of the City of Carlsbad as follows:
9 A) That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Commission
11 APPROVES TOYOTA CARLSBAD SERVICE CENTER - CDP 05-19 based
12 on the following findings and subject to the following conditions:
13 Findings;
14 1. That the proposed development is in conformance with the Certified Local Coastal
Program and all applicable policies in that the project site is located in the Mello II
15 Segment of the Carlsbad Local Coastal Program (LCP) and the LCP Land Use
i/- designation for the site is Planned Industrial (PI) and the LCP Zoning designation
for the site is Industrial (M). The automobile repair proposal is an allowed use
17 within the PI Land Use and M Zoning designations with the approval of a
Conditional Use Permit.
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2. The proposal is in conformity with the public access and recreation policies of Chapter 3
of the Coastal Act in that the property is not located in proximity to the shoreline, the
2Q beach, or coastal recreational opportunities and will therefore not preclude access to
any of them.
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3. The project is consistent with the provisions of the Coastal Resource Protection Overlay
22 Zone (Chapter 21.03 of the Zoning Ordinance) in that the project will adhere to the City's
Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard Urban
Storm Water Mitigation Plan (SUSMP) and Jurisdictional Urban Runoff Management
24 Program (JURMP) to avoid increased urban run off, pollutants and soil erosion. No steep
slopes or native vegetation are located on the subject property and the site is not located
25 in an area prone to landslides, or susceptible to accelerated erosion, floods or liquefaction.
2" 4. The Planning Commission of the City of Carlsbad does hereby find:
27 a. it has reviewed, analyzed and considered the Negative Declaration for the project
28 and the environmental impacts therein identified for this project and any
comments thereon prior to APPROVING the project; and
PC RESO NO. 6046 -2-
b. the Negative Declaration has been prepared in accordance with requirements of
2 the California Environmental Quality Act, the State Guidelines and the
Environmental Protection Procedures of the City of Carlsbad; and
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c. it reflects the independent judgment of the Planning Commission of the City of
Carlsbad; and
d. based on the EIA Part II and comments thereon, there is no substantial evidence
6 the project will have a significant effect on the environment.
The Planning Commission finds that the project, as conditioned herein, is in
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
9 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
10 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.
12 6. The project is consistent with the Comprehensive Land Use Plan (CLUP) for the
13 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.
7. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal
16 Code Section 14.28.020 and Landscape Manual Section I B).
17 8. 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.
20 Conditions:
21 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
grading permit.
23 1. 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
24 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; record a notice of violation on the
property title; institute and prosecute litigation to compel their compliance with said
27 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 Coastal Development Permit.
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2. Staff is authorized and directed to make, or require the Developer to make, all corrections
2 and modifications to the Site Plan documents, as necessary to make them internally
consistent and in conformity with the final action on the project. Development shall
3 occur substantially as shown on the approved Exhibits. Any proposed development
different from this approval, shall require an amendment to this approval.
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r 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.
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4. If any condition for construction of any public improvements or facilities, or the payment
7 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
9 unless the City Council determines that the project without the condition complies with
all requirements of law.
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5. 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
12 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
13 or indirectly, from (a) City's approval and issuance of this Coastal Development Permit,
(b) City's approval or issuance of any permit or action, whether discretionary or non-
14 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
16 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
17 validated.
18 6. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of
19 the Site Plan reflecting the conditions approved by the final decision making body.
20 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
21 school facilities.
22 8. Building permits will not be issued for this project unless the local agency providing
23 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
24 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.
Z,j
26 9. This approval is granted subject to the approval of CUP 05-09 and SDP 91-12(A) and is
subject to all conditions contained in Planning Commission Resolutions No. 6045 and
27 6047 for those other approvals incorporated herein by reference.
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10. The applicant shall apply for and be issued building permits for this project within two
2 (2) years of approval or this coastal development permit will expire unless extended per
Section 21.201.210 of the Zoning Ordinance.
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11. Prior to the issuance of building permits, the applicant shall apply for and obtain a
grading permit issued by the City Engineer.
NOTICE
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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
g "fees/exactions."
9 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
12 annul their imposition.
13 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
15 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
16 expired.
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1 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
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Commission of the City of Carlsbad, California, held on the 15th day of March 2006, by the
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following vote, to wit:
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<- AYES: Chairperson Montgomery, Commissioners Baker, Cardosa,
Dominguez, Heineman, Segall and Whitton
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NOES:
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_ ABSENT:8
9 ABSTAIN:
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12 MARTELL B. MONTGOMERY, WTairperson
CARLSBAD PLANNING COMMISSION
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14 ATTEST:
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DON NEU
17 Assistant Planning Director
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