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HomeMy WebLinkAbout2006-08-02; Planning Commission; Resolution 61011 PLANNING COMMISSION RESOLUTION NO. 6101 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT CUP 05-14 TO ALLOW 4 VEHICLE STORAGE ON A VACANT 1.83-ACRE SITE, LOT 6 5 OF CAR COUNTRY CARLSBAD, GENERALLY LOCATED WEST OF CAR COUNTRY DRIVE AND SOUTH OF AUTO 6 CENTER COURT IN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND IN LOCAL FACILITIES 7 MANAGEMENT ZONE 3. CASE NAME: BOB BAKER LOT 6 8 CASE NO.: CUP 05-14 9 WHEREAS, Bob Baker Enterprises, "Developer," has filed a verified 10 application with the City of Carlsbad regarding property owned by Townsend Family Trust, ^2 "Owner," described as 13 Lot 6 of Carlsbad Tract No. 87-03, in the City of Carlsbad, County of San Diego, State of California, according to map 14 thereof No. 12242, filed in the Office of the County Recorder of San Diego County, October 28,1988 16 ("the Property"); and 17 WHEREAS, said verified application constitutes a request for a Conditional Use 18 Permit as shown on Exhibits "A" - "B" dated August 2, 2006, on file in the Planning 19 Department, BOB BAKER LOT 6 - CUP 05-14, as provided by Chapter 21.42 of the Carlsbad 20 Municipal Code; and 21 22 WHEREAS, the Planning Commission did, on the 2nd day of August, 2006, hold 23 a duly noticed public hearing as prescribed by law to consider said request; and 24 WHEREAS, at said public hearing, upon hearing and considering all testimony 25 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 26 relating to the Conditional Use Permit. 27 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning28 Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. 2 B) That based on the evidence presented at the public hearing, the Planning 3 Commission APPROVES BOB BAKER LOT 6 - CUP 05-14 based on the following findings and subject to the following conditions: 4 r Findings: 6 1. That the requested use is properly related to the site, surroundings, and environmental settings in that the site is already being used as a vehicle storage facility which is 7 necessary for inventory. The project is essentially in harmony with the various elements and objectives of the General Plan which are implemented via the Car ° Country Carlsbad Specific Plan, in that storage of vehicle inventory is a part of new o and used automobile sales. The project provides offsite storage of new and used vehicles for sale to the general public in association with other Bob Baker 10 Enterprises auto dealerships in Car Country Carlsbad. 11 2. The site for the intended use is adequate in size and shape to accommodate storage of vehicles in association with other Bob Baker Enterprises auto dealerships in Car Country Carlsbad as well as for the future development of a new car dealership in 13 that it is the same size and shape as the adjacent Hyundai new car dealership which includes sales, service, and inventory storage. 14 3. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust 15 the requested use to existing or permitted future uses in the neighborhood are provided in that the project is proposed with only surface parking and landscaping, meeting all applicable Car Country Carlsbad Specific Plan standards. 17 4. That the street systems serving the proposed use is adequate to properly handle all traffic jg generated by the proposed use in that the existing street system consisting of Car Country Drive, Paseo Del Norte, and Cannon Road is fully improved and was 19 designed to accommodate the project traffic volumes assumed for the buildout of the entire Car Country Carlsbad. 91 5. The project is essentially in harmony with the various elements and objectives of the General Plan and are implemented via the Car Country Carlsbad Specific Plan in 22 that storage of vehicle inventory is a part of new and used automobile sales. The project provides offsite storage of new and used vehicles for sale to the general 23 public in association with other Bob Baker Enterprises auto dealerships in Car Country Carlsbad, and the project will not be detrimental to existing uses in Car Country in that the surrounding lots were developed as permanent car sales facilities 25 consistent with the design standards of that Specific Plan and the project is proposed as a support use consisting of a parking surface and landscape which is 26 consistent with parking facilities found elsewhere within Car Country Carlsbad. 27 6. 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 15322 (Infill Development PCRESONO. 6101 -2- Projects) of the state CEQA Guidelines. In making this determination, the Planning 2 Director has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. 3 7. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal 4 Code Section 14.28.020 and Landscape Manual Section IB). ^ 8. The Planning Commission has reviewed each of the exactions imposed on the Developer 6 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 7 degree of the exaction is in rough proportionality to the impact caused by the project. 8 Conditions: " Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a 10 grading permit. 11 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 12 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 14 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 15 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. 16 17 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 18 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 19 different from this approval shall require an amendment to this approval. 20 3. Developer shall comply with all applicable provisions of federal, state, and local laws and 21 regulations in effect at the time of building permit issuance. 22 4. 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 24 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 25 all requirements of law. 26 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 representatives, from and against any and all liabilities, losses, damages, demands, claims 28 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, PCRESONO. 6101 -3- (b) City's approval or issuance of any permit or action, whether discretionary or 2 nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, 3 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. 6 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. 7 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 9 school facilities. 10 8. This approval is granted subject to the approval of Coastal Development Permit CDP 05-24 and is subject to all conditions contained in Planning Commission Resolution No. 6102 for those other approvals incorporated herein by reference. 12 9. Developer shall submit and obtain Planning Director approval of a Final Landscape and 13 Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City's Landscape Manual. Developer shall construct and install all landscaping as 14 shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving , , condition, free from weeds, trash, and debris. 16 10. 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 17 project's building, improvement, and grading plans. 18 11. Prior to the issuance of the grading permit, Developer shall submit to the City a Notice 19 of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested parties and successors in interest that the 20 City of Carlsbad has issued a Conditional Use Permit by Resolution No. 6101 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 22 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 23 which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 24 12. Developer shall submit and obtain Planning Director approval of an exterior lighting plan including parking areas. All lighting shall be designed to reflect downward and avoid any 26 impacts on adjacent homes or property. 27 13. Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 28 PCRESONO. 6101 -4- 1 4. Any signs proposed for this development shall at a minimum be designed in conformance 2 with the City's Sign Ordinance and sign program for Car Country Carlsbad and shall require review and approval of the Planning Director prior to installation of such signs. 3 Engineering; 4 15. Prior to issuance of a grading permit, the applicant shall revise the Site Plan, SWMP, and Hydrology report to demonstrate the VS will treat the entire site, or use an alternate BMP 6 to treat that portion not directed through the VS to the satisfaction of the City Engineer. 7 16. Prior to issuance of a grading permit, the applicant shall revise the SWMP to clarify the type of criteria chosen to meet numeric sizing to the satisfaction of the City Engineer. o 9 17. Prior to issuance of a grading permit, the applicant shall revise the Site Plan to address why a sewer lateral is proposed as part of this parking lot to the satisfaction of the City 10 Engineer. ,2 18. Prior to issuance of a grading permit, the applicant shall revise the Site Plan cover sheet to delete the sewer EDUs. 13 19. 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 1 4 for the proposed haul route. 15 ^ ,.Grading 16 20. Based upon a review of the proposed grading and the grading quantities shown on the 17 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. 19 21. No grading for private improvements shall occur outside the limits of this approval unless 20 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. 21 22. 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 23 (SWPPP)". The SWPPP shall be in compliance with current requirements and provisions established by the San Diego Region of the California Regional Water Quality Control 24 Board and City of Carlsbad Requirements. The SWPPP shall address measures to reduce to the maximum extent practicable storm water pollutant runoff during construction of 25 the project. At a minimum, the SWPPP shall: 26 a. Include all content as established by the California Regional Water Quality 27 Control Board requirements. b. Include the receipt of "Notice of Intent" issued by the California Regional Water 28 Quality Control Board. PCRESONO. 6101 -5- c. Recommend source control and treatment control Best Management Practices 2 (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 3 to City right-of-way or natural drainage course. d. Establish specific procedures for handling spills and routine cleanup. Special ^ considerations and effort shall be applied to Employee education on the proper - procedures for handling cleanup and disposal of pollutants. 6 23. 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)." 7 The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban Runoff Management Plan (SUSMP), Order 2001-01 issued by the San Diego Region of the California Regional Water Quality Control Board and the City of Carlsbad Municipal 9 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 10 project. At a minimum, the SWMP shall: a. Identify existing and post-development on-site pollutants-of-concern. ,2 b. Identify the hydrologic unit this project contributes to and the impaired water bodies that would be impacted by this project. 13 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 14 maximum extent practicable before discharging to City right-of-way. d. Establish specific procedures for handling spills and routine cleanup. Special considerations and effort shall be applied to resident education on the proper 15 procedures for handling cleanup and disposal of pollutants. e. Ensure long-term maintenance of all post-construction BMPs in perpetuity. 17 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 1 practicable, jo g. Provide calculations to ensure that numeric sizing criteria is met. 20 Dedications/Improvements 21 24. 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 23 "California Storm Water Best Management Practices Handbook" to reduce surface pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such 24 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 25 the following: 26 a. All owners and tenants shall coordinate efforts to establish or work with 27 established disposal programs to remove and properly dispose of toxic and hazardous waste products. 28 b. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze, solvents, paints, paint thinners, wood preservatives, and other such PCRESONO. 6101 -6- fluids shall not be discharged into any street, public or private, or into storm drain 2 or storm water conveyance systems. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers and other such chemical treatments shall meet 3 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. 6 25. Developer shall design 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 due to 7 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 required R-value soil test information and approved by the City Engineer as part of the building or 9 grading plan review, whichever occurs first. 10 Carlsbad Municipal Water District 26. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges , 2 for connection to public facilities. Developer shall pay the San Diego County Water Authority capacity charge(s) prior to issuance of Building Permits. 27. The Developer shall design landscape and irrigation plans utilizing recycled water as a ,, source. Said plans shall be submitted to the Planning Department and to the satisfaction of the District Engineer. Code Reminder 16 28. The project is subject to all applicable provisions of local ordinances, including but not *' limited to the following: 18 Developer shall exercise special care during the construction phase of this project to 19 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 20 of the City Engineer 21 22 23 24 25 26 27 28 PCRESONO. 6101 -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 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 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 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 August 2006, by the following vote, to wit: AYES: NOES: Chairperson Montgomery, Commissioners Cardosa, Dominguez, Heineman, and Whitton ABSENT: Commissioners Baker and Segall ABSTAIN: MARTELL B. MONT^DMERY^Rairperson CARLSBAD PLANNING COMMISSION ATTEST: DON Assistant Planning Director PC RESO NO. 6101 7 -8-