HomeMy WebLinkAbout2013-04-17; Planning Commission; Resolution 6958
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE
DEVELOPMENT PLAN AMENDMENT SDP 10-01(A) TO
ALLOW FOR THE CONSTRUCTION OF A 3,091 SQUARE FOOT
BUILDING CONSISTING OF SIX WASH/DETAIL BAYS, OFFICE
SPACE, AND STORAGE SPACE ON A 2.75 ACRE SITE AT 5550
PASEO DEL NORTE BETWEEN CANNON ROAD AND CAR
COUNTRY DRIVE IN LOCAL FACILITIES MANAGEMENT
ZONE 3
CASE NAME: JAGUAR LAND ROVER CARLSBAD
CASE NO.: SDP 10-01(A)
WHEREAS, Hoehn JLR, Inc., “Developer,” has filed a verified application with
the City of Carlsbad regarding property owned by Sharp Family Limited Partnership,
“Owner,” described as
Southerly portion of Lot 8 of Carlsbad Tract Map 72-03, in the
City of Carlsbad, County of San Diego, State of California,
according to map thereof no. 7492, filed in the Office of the
County Recorder of San Diego, November 30, 1972 as file
number 72-320455
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Site Development
Plan Amendment as shown on Exhibits “A” – “D” dated April 17, 2013, on file in the Planning
Division, JAGUAR LAND ROVER CARLSBAD – SDP 10-01(A) as provided by the Car
Country Specific Plan and Chapter 21.06 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on April 17, 2013 , hold a duly
noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the Site Development Plan Amendment; and
WHEREAS, on August 4, 2010, the Planning Commission approved, SDP 10-
01, as described and conditioned in Planning Commission Resolution No. 6720.
PLANNING COMMISSION RESOLUTION NO. 6958
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Planning
Commission APPROVES JAGUAR LAND ROVER CARLSBAD – SDP 10-
01(A) based on the following findings and subject to the following conditions:
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
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
be implemented since the proposed project falls within the Car Country Specific
Plan, which is found to be consistent with the General Plan. The proposed building is properly related to the site surroundings as well as the environmental setting in
that the project design complies with the requirements of the Car Country Specific
Plan. The location of the building will not disrupt the vehicular circulation and
Paseo Del Norte is adequate to handle the traffic generated by the proposed use. In
addition, the proposed use is compatible with the existing auto related dealerships 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
that the subject site is adequate in size and shape to accommodate the proposed
buildings and the proposed building complies with the required development and
design standards of the Specific Plan. The proposed project complies with the
development standards for building coverage, building height, parking, and architectural style as required within the Specific Plan and as discussed in Section B
and C of the staff report. An Administrative Variance (AV 13-01) was approved,
allowing for a reduction in the side yard setback from 10’ to 5’.
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
provided and maintained, in that the site functions as a component of the Specific
Plan’s allowed automobile sales, service, and related uses. An Administrative
Variance (AV 13-01) was approved allowing for a reduction in the required side
yard setback from 10’ to 5’. Other than the side yard setback, the project has been
designed in accordance with all development and design standards of the Specific
Plan; therefore, the project is compatible with existing permitted and future uses.
4. That the street systems serving the proposed use are 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
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proposed uses will be adequate to handle the additional 155 Average Daily Trips
generated by the proposed project.
5. 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
degree of the exaction is in rough proportionality to the impact caused by the project.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
building permit.
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
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
or a successor in interest by the City’s approval of this Site Development Plan
Amendment.
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.
Development shall occur substantially as shown on the approved Exhibits. Any proposed
development, different from this approval, shall require an amendment to this approval.
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. 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
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.
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
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
Amendment, (b) City’s approval or issuance of any permit or action, whether
discretionary or nondiscretionary, in connection with the use contemplated herein, and
(c) Developer/Operator’s installation and operation of the facility permitted hereby,
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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. Developer shall submit to the City Planner a reproducible 24” x 36” mylar copy of the
(Site Plan) reflecting the conditions approved by the final decision-making body.
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
format (including any applicable Coastal Commission approvals).
8. Prior to the issuance of a building permit, the Developer shall provide proof to the
Building Division from the Carlsbad School District that this project has satisfied its
obligation to provide school facilities.
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
Plan prior to the issuance of building permits.
10. This approval is granted subject to the approval of CDP 12-27 and is subject to all
conditions contained in Planning Commission Resolutions No. 6959 for those other
approvals incorporated herein by reference.
11. This approval shall become null and void if building permits are not issued for this
project within 24 months from the date of project approval.
12. Building permits will not be issued for this project unless the local agency providing
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 the building permit, and that water and sewer capacity and
facilities will continue to be available until the time of occupancy.
13. 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
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
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.
14. 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
to be filed in the office of the County Recorder, subject to the satisfaction of the City
Planner, notifying all interested parties and successors in interest that the City of Carlsbad
has issued a Site Development Plan Amendment by Resolution(s) No. 6958 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
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conditions or restrictions specified for inclusion in the Notice of Restriction. The City
Planner has the authority to execute 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.
15. All roof appurtenances, including air conditioners, shall be architecturally integrated and
concealed from view and the sound buffered from adjacent properties and streets, in
substance as provided in Building Department Policy No. 80-6, to the satisfaction of the
Directors of Community Development and Planning.
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
Code Chapter 21.105. Location of said receptacles shall be approved by the City Planner.
Enclosure shall be of similar colors and/or materials to the project to the satisfaction of
the Planning Director.
17. 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
City Planner of an Outdoor Storage Plan, and thereafter comply with the approved plan.
18. Developer shall submit and obtain City Planner approval of a Final Landscape and
Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and
the City’s Landscape Manual. Developer shall construct and install all landscaping and
irrigation as shown on the approved Final Plans. All landscaping shall be maintained in a
healthy and thriving condition, free from weeds, trash, and debris. All irrigation systems
shall be maintained to provide the optimum amount of water to the landscape for plant
growth without causing soil erosion and runoff.
Engineering:
General
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
for the proposed haul route.
20. 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
determined that adequate water and sewer facilities are available at the time of permit
issuance and will continue to be available until time of occupancy.
Grading
21. Developer shall comply with the city's Stormwater Regulations, latest version, and shall
implement best management practices at all times. Best management practices include
but are not limited to pollution control practices or devices, erosion control to prevent silt
runoff during construction, general housekeeping practices, pollution prevention and
educational practices, maintenance procedures, and other management practices or
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devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or
stormwater conveyance system to the maximum extent practicable. Developer shall notify
prospective owners and tenants of the above requirements.
22. Developer shall complete and submit to the city engineer a Project Threat Assessment
Form (PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF,
developer shall also submit the appropriate Tier level Storm Water Compliance form and
appropriate Tier level Storm Water Pollution Prevention Plan (SWPPP) as determined by
the completed PTAF all to the satisfaction of the city engineer. Developer shall pay all
applicable SWPPP plan review and inspection fees per the city’s latest fee schedule.
23. Developer shall incorporate measures with this project to comply with Standard
Stormwater Requirements per the city’s Standard Urban Stormwater Management Plan
(SUSMP). These measures include, but are not limited to: 1) reducing the use of new
impervious surfaces (e.g.: paving), 2) designing drainage from impervious surfaces to
discharge over pervious areas (e.g.: turf, landscape areas), 3) and designing trash
enclosures to avoid contact with storm runoff, all to the satisfaction of the city engineer.
Utilities
24. Developer shall meet with the fire marshal to determine if fire protection measures (fire
flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire
hydrants, if proposed, shall be considered public improvements and shall be served by
public water mains to the satisfaction of the district engineer.
Code Reminders:
25. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as
required by Council Policy No. 17.
26. Prior to the issuance of a building permit, Developer shall pay the Local Facilities
Management fee for Zone 3 as required by Carlsbad Municipal Code Section 21.90.050.
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
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 California Building Code.
29. 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
and approval of the City Planner prior to installation of such signs.
NOTICE TO APPLICANT
An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad
Village Drive, Carlsbad, California, 92008, within ten (10) calendar days of the date of the
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Planning Commission's decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section
21.54.150, the appeal must be in writing and state the reason(s) for the appeal. The City Council
must make a determination on the appeal prior to any judicial review.
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 April17, 2013, by the following vote,
to wit:
AYES:
NOES:
ABSENT:
Chairperson Siekmann, Commissioners L'Heureux, Montgomery,
Schumacher, Scully and Segall
Commissioner Black
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KERRY K. SIEKMANN, Chairperson
CARLSBAD PLANNING COMMISSION
DONNEU
City Planner
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