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HomeMy WebLinkAbout2010-08-04; Planning Commission; Resolution 67201 PLANNING COMMISSION RESOLUTION NO. 6720 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE 3 DEVELOPMENT PLAN SDP 10-01 FOR THE REMODEL AND 900 SQUARE FOOT ADDITION TO THE EXISTING CAR 4 DEALERSHIP BUILDING LOCATED ON A 2.75 ACRE SITE AT 5 5550 PASEO DEL NORTE BETWEEN CANNON ROAD AND CAR COUNTRY DRIVE IN LOCAL FACILITIES 6 MANAGEMENT ZONE 3 CASE NAME: JAGUAR LAND ROVER CARLSBAD 7 CASE NO.: SDP 10-01 o WHEREAS, Hoehn JLR LLC, "Developer," has filed a verified application with 9 the City of Carlsbad regarding property owned by Sharp Family Limited Partnership, 10 "Owner," described as11 j2 Southerly portion of Lot 8 of Carlsbad Tract Map 72-03, in the City of Carlsbad, County of San Diego, State of California, 13 according to map thereof no. 7492, filed in the Office of the County Recorder of San Diego, November 30, 1972 as file 14 number 72-320455 15 ("the Property"); and 16 WHEREAS, said verified application constitutes a request for a Site Development 17 Plan as shown on Exhibits "A" - "K" dated August 4, 2010, on file in the Planning Department,18 19 JAGUAR LAND ROVER CARLSBAD - SDP 10-01 as provided by the Car Country 20 Specific Plan and Chapter 21.06 of the Carlsbad Municipal Code; and 21 WHEREAS, the Planning Commission did, on August 4, 2010, hold a duly 22 noticed public hearing as prescribed by law to consider said request; and 23 WHEREAS, at said public hearing, upon hearing and considering all testimony 24 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 25 relating to the Site Development Plan; and 27 WHEREAS, on October 26, 1977, the Planning Commission approved, 78 Planning Commission Determination No. 5, as described and conditioned in Planning Commission Resolution No. 1420. 1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 2 Commission of the City of Carlsbad as follows: 3 A) That the foregoing recitations are true and correct. 4 t- B) That based on the evidence presented at the public hearing, the Planning Commission APPROVES JAGUAR LAND ROVER CARLSBAD - SDP 10- 6 01 based on the following findings and subject to the following conditions: 7 Findings: o 1. That the requested use is properly related to the site, surroundings and environmental o 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 elements and objectives of the General Plan will 11 be implemented since the proposed project falls within the Car Country Specific Plan, which is found to be consistent with the General Plan. The requested additions are properly related to the site surroundings as well as the environmental 13 setting in that the project design complies with the requirements of the Car Country Specific Plan. The location of the dealership building and service canopy support 14 structure will not disrupt the existing vehicular circulation and Paseo Del Norte is adequate to handle the traffic generated by the proposed use. Further, the proposed use is compatible with the existing auto related uses in the area; therefore, the 16 adjacent properties will not be adversely impacted. 17 2. That the site for the intended use is adequate in size and shape to accommodate the use, in that the subject site is adequate in size and shape to accommodate the proposed 18 buildings and the proposed uses comply with the required development and design standards of the Car Country Specific Plan. The proposed project complies with the development standards for building coverage, building setbacks, building 2Q height, parking, and architectural style as proposed within the Car Country Specific Plan without the need for variances. 21 3. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust 22 the requested use to existing or permitted future uses in the neighborhood will be provided and maintained, in that the site functions as a component of the Car Country Specific Plan's allowed automobile sales, service, and related uses. The project has 24 been designed in accordance with all development and design standards of the Car Country Specific Plan; therefore, the project is compatible with existing permitted 25 and future uses. 26 4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that primary access to the site will be provided from two existing driveways located off of Paseo Del Norte. The street system serving the 2g proposed uses will be adequate to handle the additional 45 Average Daily Trips generated by the proposed project. PC RESO NO. 6720 -2- That the Planning Director has determined that the project belongs to a class of projects 2 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 3 preparation of environmental documents pursuant to Section 15301 (addition less than 50% of existing floor area or 2,500 square feet) 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. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 3 and all City public facility policies and 7 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; water; drainage; circulation; fire; schools; parks and other recreational n facilities; libraries; government administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. 10 7. The project is consistent with the adopted Airport Land Use Compatibility Plan for the 11 McClellan-Palomar Airport (ALUCP), dated March 4, 2010, in that the project does not pose a flight hazard to aircraft. The project is compatible with the projected noise levels of 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 the site is beyond the 60 CNEL noise contour and auto sales are a compatible use. 14 8. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal 15 Code Section 14.28.020 and Landscape Manual Section I B) and the Car Country Specific Plan landscape requirements.16 . _ 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 lg 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. 19 Conditions;20 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a building or grading permit, whichever occurs first. 22 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 25 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 26 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 or a successor in interest by the City's approval of this Site Development Plan. 28 PC RESO NO. 6720 -3- 2. Staff is authorized and directed to make, or require the Developer to make, all corrections 2 and modifications to the Site Development Plan documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development 3 shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 4 - 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. 6 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. 10 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 Site Development Plan, (b) City's approval or issuance of any permit or action, whether discretionary or 14 nondiscretionary, 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 15 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 17 approval is not validated. 18 6. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of jo the Site Plan reflecting the conditions approved by the final decision-making body. 20 7. Developer shall include, as part of the plans submitted for any permit plancheck, a reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing 21 format (including any applicable Coastal Commission approvals). 22 8. Prior to the issuance of a building permit, the Developer shall provide proof to the 23 Director from the School District that this project has satisfied its obligation to provide school facilities. 24 9. 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 26 Plan prior to the issuance of building permits. 27 10. This approval shall become null and void if building permits are not issued for this project within 36 months from the date of project approval. 28 PC RESO NO. 6720 -4- 11. Building permits will not be issued for this project unless the local agency providing 2 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 3 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. 4 t- 12. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 6 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable 7 Local Facilities Management Plan fee for Zone 3, pursuant to Chapter 21.90. All such 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. 9 13. Developer shall submit to the City a Notice of Restriction executed by the owner of the 10 real property to be developed. Said notice is 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 Carlsbad has issued a(n) Site 12 Development Plan by Resolution No. 6720 on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details 13 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 14 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. 16 14. Developer shall submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and 17 the City's Landscape Manual. Developer shall construct and install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. 19 15. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the 20 landscape plancheck process on file in the Planning Department and accompanied by the project's building, improvement, and grading plans. 21 _,- 16. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in 23 substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Community Development and Planning. 24 17. 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 26 Code Chapter 21.105. Location of said receptacles shall be approved by the Planning Director. Enclosure shall be of similar colors and/or materials to the project to the 27 satisfaction of the Planning Director. 2° 18. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. When so required, the Developer shall submit and obtain approval of the Fire Chief and PC RESO NO. 6720 -5- the Planning Director of an Outdoor Storage Plan, and thereafter comply with the 2 approved plan. 3 19. 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 impacts on adjacent homes or property. Engineering: 6 General 7 20. 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 9 for the proposed haul route. 10 21. This project is approved upon the express condition that building permits will not be issued for the development of the subject property, unless the District Engineer has 11 determined that adequate water and sewer facilities are available at the time of permit , ~ issuance. 13 22. Developer shall include rain gutters on the building plans subject to the City Engineer's review and approval. Developer shall install rain gutters in accordance with said plans. 14 All rain gutters shall discharge into a planter area or other pervious area acceptable to the City Engineer prior to discharge into the public storm drain system. 23. Developer shall install sight distance corridors at all street intersections and driveways in accordance with City Engineering Standards. 17 24. Developer shall cause property owner to apply for, execute, and submit, to the city engineer for recordation, an Encroachment Agreement covering private vegetated , n drainage swale located over existing public right-of-way or easements as shown on the site plan. Developer shall pay processing fees per the city's latest fee schedule. 20 25. Prior to issuance of a building permit, a soils report shall be submitted for review and approval by the City Engineer. Grading shall be revised as needed to accommodate recommendations of said report and said changes shall be reflected on a city approved mylar of the conceptual grading plan. Soil profiles for all vegetated 23 swales shall be based on on-site soil characteristics designed per the City Standard Urban Storm Water Mitigation Plan (SUSMP). 24 Grading25 * 26. Developer shall comply with the City's Stormwater Regulations, latest version, and shall implement best management practices at all times. Best management practices include 27 but are not limited to pollution treatment practices or devices, erosion control to prevent silt runoff during construction, general housekeeping practices, pollution prevention and 28 educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or PC RESO NO. 6720 -6- stormwater conveyance system to the maximum extent practicable. Developer shall 2 notify prospective owners and tenants of the above requirements. 3 27. Developer shall complete and submit to the City Engineer a Project Threat Assessment Form (PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF, 4 Developer shall also submit the appropriate Tier level Storm Water Compliance form and 5 Tier level Storm Water Pollution Prevention Plan (SWPPP) as determined by the completed PTAF all to the satisfaction of the City Engineer. 6 28. Developer shall incorporate Low Impact Development (LID) design techniques, on all 7 final design plans submitted to the City, to reduce the amount of run-off by mimicking the natural hydrologic function of the site by preserving natural open-spaces and natural drainage channels, minimizing impervious surfaces, promoting infiltration and 9 evaporation of run-off before run-off leaves the site. Developer shall incorporate LID techniques using current County of San Diego Low Impact Development Handbook 10 (Stormwater Management Strategies). LID techniques include, but are not limited to: vegetated swale/strip, rain gardens, and porous pavement, which can greatly reduce the volume, peak flow rate, velocity and pollutants. 12 Code Reminders; 13 29. Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as 14 required by Chapter 20.44 of the Carlsbad Municipal Code. 30. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as 16 required by Council Policy No. 17. 17 31. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code.18 ip 30. 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 20 permit issuance, except as otherwise specifically provided herein. 21 31. The project shall comply with the latest nonresidential disabled access requirements pursuant to Title 24 of the California Building Code. 23 32. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. 24 33. Any signs proposed for this development shall at a minimum be designed in conformance with the City's Sign Ordinance and Car Country Specific Plan and shall require review 2g and approval of the Planning Director prior to installation of such signs. 27 28 PC RESO NO. 6720 -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 August 4, 2010, by the following vote, to wit: AYES: NOES: Chairperson Douglas, Commissioners Baker, L'Heureux, Montgomery, Nygaard, and Schumacher ABSENT: Commissioner Dominguez ABSTAIN: FARRAlm-eOUGLAS, Carprson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PC RESO NO. 6720 -8-