HomeMy WebLinkAbout2007-12-05; Planning Commission; Resolution 63581 PLANNING COMMISSION RESOLUTION NO. 6358
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT AMENDMENT
4 RETROACTIVELY AND IN PERPETUITY TO ALLOW FOR
5 THE CONTINUED STORAGE OF NEW AUTOMOBILES AND
THE ADDITIONAL USES OF INCIDENTAL STORAGE OF
6 AUTO DEALERSHIP DOCUMENTS WITHIN SEA
CONTAINERS AND AN OUTDOOR STORAGE AREA FOR
7 CALLAWAY GOLF ON PROPERTY GENERALLY LOCATED
AT THE NORTHWEST END OF DRYDEN PLACE IN LOCAL
8 FACILITIES MANAGEMENT ZONE 5.
9 CASE NAME: LOT 23 AUTO STORAGE FACILITY
CASE NO.: CUP Q2-05(A)
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WHEREAS, Michael J. Durkin, "Developer," has filed a verified application
, 2 with the City of Carlsbad regarding property owned by Durkin/Hoehn-Lot 23, LLC, "Owner,"
13 described as
14 Lot 23 of Carlsbad Tract No. 81-46 Unit No. 1, in the City of
Carlsbad, County of San Diego, State of California, according to
the Map thereof No. 11287, filed in the Office of the County
15 Recorder of San Diego County, July 16,1985
17 ("the Property"); and
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WHEREAS, said verified application constitutes a request for a Conditional Use
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Permit Amendment as shown on Exhibit "A" dated December 5, 2007, on file in the Planning
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Department LOT 23 AUTO STORAGE FACILITY - CUP 02-05(A), as provided by the
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22 conditions of approval of CUP 02-05 and Chapter 21.42 and/or 21.50 of the Carlsbad Municipal
23 Code; and
24 WHEREAS, the Planning Commission did, on the 5th day of December, 2007,
25 hold a duly noticed public hearing as prescribed by law to consider said request; and
26 WHEREAS, at said public hearing, upon hearing and considering all testimony
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and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
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relating to the CUP amendment; and
1 WHEREAS, on May 1, 2002, the Planning Commission approved CUP 02-05,
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as described and conditioned in Planning Commission Resolution No. 5188.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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r Commission of the City of Carlsbad as follows:
6 A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
APPROVES LOT 23 AUTO STORAGE FACILITY - CUP 02-05(A) to be
effective in perpetuity, retroactively from May 1, 2007 based on the following
9 findings and subject to the following conditions:
10 Findings:
(Note: These findings are not applicable to 1st Amendment uses; see Section 21.42.030.B)
12 1. That the requested use is necessary or desirable for the development of the community,
13 and is in harmony with the various elements and objectives of the general plan, including,
if applicable, the certified local coastal program, specific plan or master plan, in that the
requested uses are desirable for the industrial community and in harmony with the
,, objectives of the General Plan, Carlsbad Airport Center Specific Plan, and Airport
Land Use Compatibility Plan for McClellan-Palomar Airport, since the proposed
16 uses will continue to provide new automobile storage facilities with the addition of
accessory uses including incidental document storage for local auto dealerships and
an incidental storage area for Callaway Golf. The storage uses are consistent with
the Specific Plan and result in uses within the Flight Activity Zone which are less
intensive (such as those with an assemblage of 100 or less persons) and which are
19 not noise sensitive.
20 2. That the requested use is not detrimental to existing uses or to uses specifically permitted
in the zone in which the proposed use is to be located in that the requested uses are
compatible with the surrounding industrial uses and will not generate customer
~~ traffic to the area. The Callaway Golf storage area is considered to be accessory
and incidental to a permitted use and is not intended for use as a contractor storage
23 yard. The auto storage use has been found to be compatible with the existing uses
and the incidental document storage is considered accessory to the storage of new
24 vehicles for local auto dealerships.
25 That the site for the proposed conditional use is adequate in size and shape to
26 accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer areas,
landscaping and other development features prescribed in this code and required by the
27 planning director, planning commission or city council, in order to integrate the use with
other uses in the neighborhood, in that the site is screened by an 8 foot high decorative
stucco wall along the street frontage and the entire 30 foot front setback is
landscaped with a combination of trees, shrubs and groundcover. Minimum 10 foot
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landscape areas are provided along the side setbacks to screen all of the uses from
2 the adjacent properties and the property is secured along the sides and rear with a 6
foot high chain link fence. A 6 foot high tarp-covered chainlink fence with a rolling
3 gate is located between the auto storage and Callaway Golf storage areas.
4. That the street system serving the proposed use is adequate to properly handle all traffic
<- generated by the proposed use, in that Dryden Place is classified as a "local" street
with a capacity of 2,000 maximum Average Daily Traffic (ADT) which is more than
6 adequate to handle the 91 ADT that the project is expected to generate.
7 5. The project is consistent with the Airport Land Use Compatibility Plan (ALUCP) for
McClellan-Palomar Airport, dated October 4, 2004, in that the use will not be impacted
by airport operations since it contains no buildings and will only be used for storage
9 of new automobiles, incidental document storage, and landscape equipment/supply
storage for Callaway Golf. The project is compatible with the projected noise levels of
10 the ALUCP; and, based on the noise/land use compatibility matrix of the ALUCP, the
proposed land use is compatible with the airport, in that auto dealership employees will
only be at the site for short durations of time during pick-up or delivery of vehicles
12 and the storage area for Callaway Golf will not generate any additional employee
traffic.
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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 15301 - Existing Facilities
16 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
17 apply to this project.
10 7. The Planning Commission has reviewed each of the exactions imposed on the Developer
19 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
20 degree of the exaction is in rough proportionality to the impact caused by the project.
Conditions;
22 Note: Unless otherwise specified herein, all conditions shall be satisfied within 30-days of the
23 final approval for CUP 05-02(A).
24 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
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
27 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
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or a successor in interest by the City's approval of this Conditional Use Permit
2 Amendment.
3 2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Conditional Use Permit 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 from this approval, shall require an amendment to this approval.
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3. Developer shall comply with all applicable provisions of federal, state, and local laws and
7 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
9 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
10 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.
12 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
13 harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
14 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
Amendment, (b) City's approval or issuance of any permit or action, whether
16 discretionary or nondiscretionary, in connection with the use contemplated herein, and
(c) Developer/Operator's installation and operation of the facility permitted hereby,
17 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.
20 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.
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22 7. All conditions of approval imposed upon Conditional Use Permit CUP 02-05 as stated in
Planning Commission Resolution No. 5188 shall apply as conditions of approval for
23 CUP 02-05(A) and are incorporated by this reference except Conditions No. 12, 13, 15,
and 20 which are replaced by Conditions No. 8, 9,10, and 11 below.
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.. 8. CUP 02-05(A) 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 substantial
26 negative effect on surrounding properties or the public health, safety and general welfare.
If the Planning Director determines that: 1) the Conditional Use Permit was obtained by
27 fraud or misrepresentation; or 2) the use for which such approval was granted is not being
exercised; or 3) the Conditional Use Permit is being or recently has been exercised
contrary to any of the terms or conditions of approval or the conditions of approval have
not been met; or 4) the use for which such approval was granted has ceased to exist or has
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been suspended for one year or more; or 5) the use is in violation of any statute,
2 ordinance, law or regulation; or 6) the use permitted by the Conditional Use Permit is
being or has been so exercised as to be detrimental to the public health, safety or welfare
3 or so as to constitute a nuisance, the Planning Director shall recommend that the Planning
Commission hold a public hearing and after providing the permittee the opportunity to be
4 heard, the Planning Commission may revoke and terminate the Conditional Use Permit in
s- whole or in part, reaffirm the Conditional Use Permit, modify the conditions or impose
new conditions.
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9. This Conditional Use Permit is granted retroactively from May 1, 2007 and is approved
7 in perpetuity. This permit may be revoked at any time after a public hearing, if it is
found that the use has a substantial detrimental effect on surrounding land uses and the
public's health and welfare, or the conditions imposed herein have not been met.
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10. The project is approved for the following uses:
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a. The primary use of the site shall be for the storage of new automobiles,
together with incidental storage of documents within up to six (6) sea
12 containers (approximately 2,000 square feet total). Document storage shall
be solely related to the automobile dealership(s) leasing the new car storage
13 area.
14 b. No used cars, RVs, or employee parking shall be permitted on this site.
c. No more than one-third of the storage area of the site (approximately 40,000
16 square feet) shall be used for incidental landscape/equipment storage for
Callaway Golf without an amendment to this Conditional Use Permit. The
17 Callaway Golf storage area is specifically approved as being accessory to a
permitted use and shall not function as a contractor storage yard.18
19 d. Conversion of the Callaway Golf storage area to new automobile storage
shall be permitted without an amendment to CUP 02-05(A). Travel lanes
20 and surface improvements for any vehicle storage areas shall comply with
the requirements of Planning Commission resolution 5188 for CUP 02-05 as
21 incorporated herein by reference.
22 11. Developer shall submit to the City a Notice of Restriction to be filed in the office of the
23 County Recorder, subject to the satisfaction of the Planning Director, notifying all
interested parties and successors in interest that the City of Carlsbad has issued a
24 Conditional Use Permit Amendment by Resolution No. 6358 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 conditions or
26 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
27 terminates said notice upon a showing of good cause by the Developer or successor in
interest.
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