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HomeMy WebLinkAbout2006-03-15; Planning Commission; Resolution 60471 PLANNING COMMISSION RESOLUTION NO. 6047 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A SITE DEVELOPMENT PLAN AMENDMENT FOR THE 4 DEMOLITION OF AN EXISTING 83,000 SQUARE FOOT 5 MANUFACTURING BUILDING AND CONSTRUCTION OF A 159,000 SQUARE FOOT TWO-STORY BUILDING 6 CONTAINING: APPROXIMATELY 8,000 SQUARE FEET OF CUSTOMER LOUNGE AND RECEPTION AREA, 20,000 7 SQUARE FEET OF PARTS AND STORAGE, APPROXIMATELY 50,000 SQUARE FEET HOUSING 72 8 SERVICE BAYS, AND NEW SERVICE WRITER RECEPTION 9 BOOTH AREA WITH A CANOPY COVER ALL ON THE GROUND FLOOR, 7,000 SQUARE FEET OF OFFICE AND AN 10 APPROXIMATELY 70,000 SQUARE FOOT PARKING DECK FOR APPROXIMATELY 265 PARKING STALLS ALL ON THE 11 SECOND FLOOR, A ROOF PARKING DECK OF 12 APPROXIMATELY 70,000 SQUARE FEET FOR APPROXIMATELY 265 PARKING SPACES, AND VEHICLE 13 RAMPS TO PROVIDE ACCESS TO THE SECOND FLOOR AND ROOF PARKING DECKS ON A 9.76 ACRE SITE 14 LOCATED AT 6030 AVENIDA ENCINAS IN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 3. 16 CASE NAME: TOYOTA CARLSBAD SERVICE CENTER CASE NO.: SDP91-12(A) 17 WHEREAS, Toyota Carlsbad, "Developer," has filed a verified application with18 J9 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, 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 95 WHEREAS, said verified application constitutes a request for a Site Development 26 Plan Amendment as shown on Exhibits "A" - "N" dated March 15, 2006, on file in the 27 Planning Department, TOYOTA CARLSBAD SERVICE CENTER - SDP 91-12(A) as 28 provided by Chapter 21.06/Section 21.53.120 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 testimony4 <- and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 6 relating to the Site Development Plan Amendment; and 7 WHEREAS, on March 4, 1992, the Planning Commission approved, 8 CARLSBAD DISTRIBUTION CENTER SDP 91-12, as described and conditioned in 9 Planning Commission Resolution No. 3357. 10 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning j 2 Commission of the City of Carlsbad as follows: 13 A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Planning 15 Commission APPROVES TOYOTA CARLSBAD SERVICE CENTER - SDP 91-12(A) based on the following findings and subject to the following 16 conditions: 17 Findings; 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 20 the proposed use is to be located, and will not adversely impact the site, surroundings or traffic circulation, in that the proposal meets or exceeds all development standards of the zone and the surrounding properties are developed with similar industrial uses consistent with its Planned Industrial (PI) Land Use designation. 2. That the site for the intended use is adequate in size and shape to accommodate the use, in that the new facility is proposed to be constructed consistent with all of the 24 applicable development standards including those of the M Zone and the Parking Ordinance. 25 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 27 provided and maintained, in that the project includes design measures such as parapet screening of the roof deck parking, reduced-height light standards on the roof 28 parking deck, landscaping along the freeway edge of the property, and building PC RESO NO. 6047 -2- materials and embellishments that create a unique and interesting presence to the 2 public. 3 4. That the street systems serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that limited widening of Avenida Encinas is a 4 condition of approval that will render the existing street system serving the proposed use as adequate to properly handle all traffic generated by the proposed use. 6 5. The Planning Commission of the City of Carlsbad does hereby find: 7 a. it has reviewed, analyzed and considered the Negative Declaration for the project and the environmental impacts therein identified for this project and any p comments thereon prior to APPROVING the project; and 10 b. the Negative Declaration has been prepared in accordance with requirements of the California Environmental Quality Act, the State Guidelines and the 11 Environmental Protection Procedures of the City of Carlsbad; and 12 c. it reflects the independent judgment of the Planning Commission of the City of 13 Carlsbad; and 14 d. based on the EIA Part II and comments thereon, there is no substantial evidence the project will have a significant effect on the environment. jg 6. 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 17 the staff report dated March 15, 2006 including, but not limited to the project site is located within an area that is established with industrial uses. Other facilities in the 1 O1 ° general vicinity include automobile service and/or repair. Buildings in this area are I n 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 20 (storage) is within the building. 21 7. The project is consistent with the Comprehensive Land Use Plan (CLUP) for the 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 23 of the CLUP, the proposed land use is compatible with the airport. 24 8. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal Code Section 14.28.020 and Landscape Manual Section I B). ^fJ ~c 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 27 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. 28 PC RESO NO. 6047 -3- Conditions: 2 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a 3 grading or building permit, whichever occurs first. 1. If any of the following conditions fail to occur; or if they are, by their terms, to be c 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 6 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 7 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 9 or a successor in interest by the City's approval of this Site Development Plan. 10 2. Staff is authorized and directed to make, or require the Developer to make, all corrections 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 occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. 13 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. 4. If any condition for construction of any public improvements or facilities, or the payment 16 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 17 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. 19 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold 20 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, (b) City's approval or issuance of any permit or action, whether discretionary or non- 23 discretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including 24 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 25 validated. 27 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.28 PCRESONO. 6047 -4- 7. Prior to the issuance of a building permit, the Developer shall provide proof to the 2 Director from the School District that this project has satisfied its obligation to provide school facilities. 3 8. Building permits will not be issued for this project unless the local agency providing 4 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. 9. This approval is granted subject to the approval of CUP 05-09 and CDP 05-19 and is subject to all conditions contained in Planning Commission Resolutions No. 6045 and 6046 for those other approvals incorporated herein by reference. 10. Approval of SDP 91-12(A) and adoption of Planning Commission Resolution No. 6047 supercedes SDP 91-12 and Planning Commission Resolution No. 3357. 11 NOTICE 12 Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, 13 reservations, or other exactions hereafter collectively referred to for convenience as fees/exactions." 14 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 17 follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. 18 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, 20 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 21 NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. 23 24 25 26 27 28 PCRESONO. 6047 -5- 1 PASSED, APPROVED AND ADOPTED at a regular meeting of the planning 2 Commission of the City of Carlsbad, California, held on the 15th day of March 2006, by the 3 following vote, to wit: 4 AYES: Chairperson Montgomery, Commissioners Baker, Cardosa, Dominguez, Heineman, Segall and Whitton 6 NOES: 7 _ ABSENT: o 9 ABSTAIN: 10 11 12 " " "TELL B. MONTjOMERYfaRairperson 13 CARLSBAD PLANNING COMMISSION 14 ATTEST: 16 / WA 17 DONNEU Assistant Planning Director18 * 19 20 21 22 23 24 25 26 27 28 PCRESONO. 6047 -6-