HomeMy WebLinkAbout2008-04-16; Planning Commission; Resolution 64081 PLANNING COMMISSION RESOLUTION NO. 6408
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A SITE
DEVELOPMENT PLAN AMENDMENT, SDP 88-09(8), TO
4 ALLOW A MINOR EXPANSION AND REMODEL OF THE
5 EXISTING BOB BAKER JEEP DEALERSHIP WITHIN THE CAR
COUNTRY SPECIFIC PLAN FOR THE SITE GENERALLY
6 LOCATED WEST OF CAR COUNTRY DRIVE AND EAST OF
PASEO DEL NORTE IN THE C-2-Q ZONE, WITHIN THE MELLO
7 II SEGMENT OF THE LOCAL COASTAL PROGRAM AND
LOCAL FACILITIES MANAGEMENT ZONE 3.
8 CASE NAME: BOB BAKER JEEP ADDITION
9 CASE NO.: SDP 88-09(B)
10 WHEREAS, Rekab Properties, "Developer" and "Owner," has filed a verified
11 application with the City of Carlsbad regarding property described as
12 Lot 10 of Carlsbad Tract No. 87-3, in the City of Carlsbad,
13 County of San Diego, State of California, according to map
thereof No. 12242, filed in the office of the County Recorder of
14 San Diego, October 28,1988.
15 ("the Property"); and
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WHEREAS, said verified application constitutes a request for a Site Development
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Plan Amendment as shown on Exhibit(s) "A" - "I" dated April 16, 2008, on file in the18
j 9 Planning Department, BOB BAKER JEEP ADDITION- SDP 88-09(B) as provided by Chapter
20 21.06 of the Carlsbad Municipal Code; and
21 WHEREAS, the Planning Commission did, on April 16, 2008 , hold a duly
22 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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and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
26 relating to the Site Development Plan Amendment.
27 WHEREAS, on December 21, 1988, the Planning Commission approved, SDP
^° 88-09, as described and conditioned in Planning Commission Resolution No. 2800.
1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
2 Commission of the City of Carlsbad as follows:
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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 Planning
Commission APPROVES BOB BAKER JEEP ADDITION- SDP 88-09(B)
6 based on the following findings and subject to the following conditions:
7 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
10 the proposed use is to be located, and will not adversely impact the site, surroundings or
traffic circulation, in that the various goals and objectives of the General Plan will be
implemented since the proposed project falls within an approved Specific Plan (Car
Country), which was found to be consistent with the General Plan. The architecture
of the four existing buildings have a Spanish motif and include design elements such
13 as a warm beige colored slump stone and stucco exterior, as well as terra cotta
colored mission S-tile roofs. The proposed addition will be predominantly finished
14 in stucco to match the existing color of the buildings on the site with a decorative
cornice and slump stone wainscot to complement the existing architecture. The
5 proposed storage building and trash enclosure also include a mixture of slump stone
, f and stucco materials to match the addition and existing buildings on the site. The
location of the addition and accessory structure will not disrupt the existing
17 vehicular circulation on the site. Further, the proposed uses are consistent with the
existing uses in the area; therefore, the adjacent properties will not be adversely
impacted.
2. That the site for the intended use is adequate in size and shape to accommodate the use, in
2Q that the proposed additions and the proposed uses comply with the required
development and design standards of Specific Plan 19(1). The addition of office
21 space for service writing, an associated canopy, and an accessory structure results in
a lot coverage of 14.4% which is well below the allowable lot coverage of 25%.
22 Further, the approximate height of the proposed single-story addition is 14 feet,
which is well below the 30-foot height limitation of the Car Country Specific Plan.
24 3. 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
25 provided and maintained, in that the site functions as a component of the Specific
Plan's allowed automobile sales, service, and related uses. The project has been
designed in accordance with all development and design standards of Specific Plan
19(1); therefore the project is compatible with existing permitted and future uses.
Further, the proposed addition will be setback from the southern property line
28 (abuts Car Country Drive) a minimum of 106 feet and adequate circulation, access
aisles, parking spaces, and landscaping will be provided and maintained.
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4. That the street systems serving the proposed use are adequate to properly handle all traffic
2 generated by the proposed use, in that primary access to the site will continue to be
provided from two private driveways located off of Car Country Drive. Land Use
3 and circulation requirements for the site and surrounding dealerships and related
automotive uses were developed at a Specific Plan level. As such, the street system
serving the proposed use will be adequate to handle the minimal increase in traffic
5 generated by the proposed project.
5. 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
7 environment, and it is therefore categorically exempt from the requirement for the
preparation of environmental documents pursuant to Section 15301(e), Existing
Facilities, 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 apply to this project.
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The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
11 Facilities Management Plan for Zone 3 and all City public policies and ordinances. The
project includes elements or has been conditioned to construct or provide funding to
ensure that all facilities and improvements regarding: sewer collection and treatment;
i T water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries;
government administrative facilities; and open space, related to the project will be
14 installed to serve new development prior to or concurrent with need. -
15 7. 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
17 degree of the exaction is in rough proportionality to the impact caused by the project.
lg Conditions;
19 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of
building permits.
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
22 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
23 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
25 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 Site Development Plan
26 Amendment.
27 2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Site Development Plan Amendment documents, as necessary
to make them internally consistent and in conformity with the final action on the project.
PC RESO NO. 6408 -3-
Development shall occur substantially as shown on the approved Exhibits. Any proposed
2 development, different from this approval, shall require an amendment to this approval.
3 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
5 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
6 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
7 unless the City Council determines that the project without the condition complies with
all requirements of law.8
a 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
10 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
12 Amendment, (b) City's approval or issuance of any permit or action, whether
discretionary or nondiscretionary, in connection with the use contemplated herein, and
13 (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
14 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.
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6. Developer shall submit to the Planning Department a reproducible 24" x 36" mylar
17 copy of the Site Development Plan Amendment reflecting the conditions approved by
the final decision-making body.
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jo 7. Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the Carlsbad Unified School District that this project has satisfied its
20 obligation to provide school facilities.
21 8. This project shall comply with all conditions and mitigation measures which are required
-,, as part of the Zone 3 Local Facilities Management Plan and any amendments made to that
Plan prior to the issuance of building permits.
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9. Building permits will not be issued for this project unless the local agency providing
24 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 building permit, and that water and sewer capacity and
25 facilities will continue to be available until the time of occupancy.
27 10. This approval is granted for SDP 88-09(6) as shown on Exhibits "A" -"I" dated April
16, 2008, on file in the Planning Department and incorporated herein by reference.
Development shall occur substantially as shown unless otherwise noted in these
conditions.
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11. This approval is granted subject to the approval of CDP 08-03 and is subject to all
2 conditions contained in Resolution No. 6409 for that other approval incorporated herein
by reference.
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12. This approval is subject to all conditions contained in Planning Commission Resolution
No. 2800 for SDP 88-09 and incorporated herein by reference.
13. This approval shall become null and void if building permits are not issued for this
6 project within 24 months from the date of project approval.
7 14. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
8 #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section
5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by
9 Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
Local Facilities Management Plan fee for Zone 3, pursuant to Chapter 21.90. All such
10 taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this
approval will not be consistent with the General Plan and shall become void.
12 15. Prior to the issuance of the building permit, Developer shall submit to the City a Notice
of Restriction executed by the owner of the real property to be developed. Said notice is
13 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 City of
14 Carlsbad has issued a Site Development Plan Amendment and Coastal Development
1 <. Permit by Resolutions No. 6408 and 6409 on the property. Said Notice of Restriction
shall note the property description, location of the file containing complete project details
16 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
17 and record an amendment to the notice which modifies or terminates said notice upon a
showing of good cause by the Developer or successor in interest.18
\g 16. 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
20 Code Chapter 21.105. Location of said receptacles shall be approved by the Planning
Director. Enclosures shall be of similar colors and/or materials to the project to the
21 satisfaction of the Planning Director.
22 17. Developer shall submit and obtain Planning Director approval of a Final Landscape and
23 Irrigation Plan showing conformance with the City's Landscape Manual and the Car
Country Specific Plan. Developer shall construct and install all landscaping as shown
24 on the approved Final Plans, and maintain all landscaping in a healthy and thriving
condition, free from weeds, trash, and debris. The scope of the landscape plan shall
include the following:
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a. Two new employee outdoor eating areas, including proposed grasscrete
27 pavers, associated tables, and umbrellas;
b. Landscaping adjacent to the new walkway adjacent to Building #4 (Exhibit
28 "A"); and
c. Refurbishment of landscaping adjacent to the southern driveway entrance.
PC RESO NO. 6408 -5-
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2 18. The first submittal of the Final Landscape and Irrigation Plans shall be pursuant to the
landscape plancheck process on file in the Planning Department and accompanied by the
3 project's building, improvement, and grading plans.
19. Prior to certificate of occupancy, the unpermitted metal sea container currently
<- utilized for storage at the western end of the project site (in between Buildings #1
and #4 as noted on Exhibit "A") shall be removed and replaced with display
6 parking, to the satisfaction of the Planning Director.
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20. The paint color of the addition shall match the beige color of the existing buildings
on the site.
9 21. The size of the slump stone block utilized as a wainscot for the proposed addition
and accessory storage building shall match the size of the existing slump stone block
10 for the existing buildings (6-inches high).
22. Developer shall construct, install, stripe, and sign not less than 16 customer and 40
employee parking spaces as shown on Exhibit "A."
13 Engineering
14 23. Developer shall comply with the City's requirements of the National Pollutant Discharge
Elimination System (NPDES) permit and the City's latest Standard Urban Storm Water
Mitigation Plan (SUSMP). Developer shall provide improvements constructed pursuant
16 to best management practices as referenced in the "California Storm Water Best
Management Practices Handbook" to reduce surface pollutants to an acceptable level
17 prior to discharge to sensitive areas. Provide and/or install the proposed Best
Management Practices (BMP) including but not be limited to the following:18
A. BMP's shown on the approved for SDP 88-09 (B) / CDP 08-03 site plan.
20 B. All owners and tenants shall coordinate efforts to establish or work with
established disposal programs to remove and properly dispose of toxic and
21 hazardous waste products.
22 C. Toxic .chemicals or hydrocarbon compounds such as gasoline, motor oil,
23 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
24 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
containers.
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D. Best Management Practices shall be used to eliminate or reduce surface pollutants
28 when planning any changes to the landscaping and surface improvements.
PC RESO NO. 6408 -6-
1 Fire
2 24. Automatic fire sprinklers shall be provided to all areas and buildings, including the
3 canopy.
25. If not already in place, a 1-hour area separation between the service bays and the business
t- offices shall be provided. This includes rated doors with automatic closers.
6 Code Reminders
7 26. Developer shall pay a landscape plan check and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.8
9 27. 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
10 permit issuance, except as otherwise specifically provided herein.
28. The project shall comply with the latest nonresidential disabled access requirements
, - pursuant to Title 24 of the State Building Code.
13 29. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
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30. Any signs proposed for this development shall at a minimum be designed in conformance
with the City's Sign Ordinance and the Car Country Comprehensive Sign Program
and shall require review and approval of the Planning Director prior to installation of
such signs.
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18 NOTICE
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Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
20 reservations, or other exactions hereafter collectively referred to for convenience as
"fees/exactions."
22 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
23 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
25 annul their imposition.
26 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,
27 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
PC RESO NO. 6408 -7-
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
2 expired.
3 PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning
Commission of the City of Carlsbad, California, held on April 16, 2008, by the following vote,
5 to wit:
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AYES: Commissioners Baker, Cardosa, Dominguez, Douglas,
Montgomery, and Chairperson Whitton
8 NOES:
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ABSENT: Commissioner Boddy
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ABSTAIN:11
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14 /'FRANK WHITTON, Chairperson
CARLSBAD PLANNING COMMISSION
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ATTEST:
17"
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19 DON NEU
20 Planning Director
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