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-