HomeMy WebLinkAbout2013-09-04; Planning Commission; Resolution 7008
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A SITE DEVELOPMENT PLAN,
COASTAL DEVELOPMENT PERMIT, AND VARIANCE FOR THE
DEMOLITION OF TWO SERVICE BUILDINGS TOTALING 19,093 SQUARE
FEET, THE CONSTRUCTION OF A 72,111 SQUARE FOOT COMBINED
SERVICE/PARTS BUILDING AND PARKING STRUCTURE WITHIN THE SIDE
YARD SETBACK, AND A 4,227 SQUARE FOOT SHOWROOM EXPANSION
TO THE HOEHN BUICK CADILLAC DEALERSHIP, LOCATED ON A 3.06-
ACRE LOT ON THE EAST SIDE OF PASEO DEL NORTE WITHIN THE CAR
COUNTRY SPECIFIC PLAN, MELLO II SEGMENT OF THE LOCAL COASTAL
PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 3. THE PROJECT
QUALIFIES AS A CEQA GUIDELINES SECTION 15332 (IN-FILL
DEVELOPMENT PROJECTS) CLASS 32 CATEGORICAL EXEMPTION.
CASE NAME: HOEHN BUICK CADILLAC
CASE NO.: SDP 12-04/CDP 12-26/V 13-02
WHEREAS, Hoehn Buick GMC Cadillac, Inc., “Developer,” has filed a verified application
with the City of Carlsbad regarding property owned by ARO Partners, “Owner,” described as
Lot 5 of Carlsbad Tract No. 72-3, 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 County, November 30,
1972
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Site Development Plan,
Coastal Development Permit, and Variance as shown on Exhibits “A – O” dated September 4, 2013, on
file in the Planning Division, SDP 12-04/CDP 12-26/V 13-02 – HOEHN BUICK CADILLAC as provided by
Chapter 21.06, 21.201.040, and 21.50 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on September 4, 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, Coastal Development Permit, and Variance.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of
Carlsbad as follows:
PLANNING COMMISSION RESOLUTION NO. 7008
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A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Planning Commission
APPROVES SDP 12-04/CDP 12-26/V 13-02 – HOEHN BUICK CADILLAC based on the
following findings and subject to the following conditions:
Findings:
Site Development Plan
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 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 sales office addition and the new
combination service repair building/parking structure includes Spanish/Mediterranean design
elements such as terra cotta-colored mission tile roof features, a warm earth tone stucco
exterior and a decorative cornice. The location of the addition and repair building/parking
structure will not disrupt the existing vehicular circulation on the site, the additional 634
additional daily trips (ADTs) generated by this use can be accommodated on Paseo Del Norte,
the surrounding intersections are operating at an acceptable level of service. Further, the
proposed automobile uses are consistent with the existing automobile dealership 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
that, with the exception to the side yard setback along the southern property line in which a
legal nonconforming situation exists and a Variance is requested for the addition of a 2nd
story and rooftop parking, the proposed additions comply with the required development and
design standards of Specific Plan 19(I). The proposed project results in a lot coverage of
34.6% which is well below the allowable lot coverage of 50% for properties which include a
parking structure. Further, the height of the sales office addition, service repair building and
the parking structure comply with the height limitations of the Car Country Specific Plan.
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 auto-related uses. With the exception to the Variance request
to vertically and horizontally extend the existing legal nonconforming wall along the southern
property line, which is currently located within the 10-foot-wide side yard setback, to
accommodate a 2nd floor and rooftop parking structure, the project has been designed in
accordance with all development and design standards of Specific Plan 19(I); therefore, the
project is compatible with existing permitted and future uses. Specifically, the proposed
additions will be setback from the western/front property line (abuts Paseo Del Norte) a
minimum of 76’8” and 86 feet and adequate circulation, access aisles, parking spaces, and
additional landscaping will be provided and maintained.
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 continue to be provided
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from two private driveways located off of Paseo Del Norte. In addition, the street system
serving the proposed use (Paseo Del Norte) will be adequate to handle the increase in traffic
of 634 ADTs generated by the proposed project.
Coastal Development Permit
5. That the proposed development is in conformance with the Mello II Segment of the Certified
Local Coastal Program (LCP) and all applicable policies in that the proposed additions to the
existing Hoehn Buick Cadillac dealerships are consistent with the LCP Land Use Plan, which
designates the site Regional Commercial (R) and allows for regional commercial-related uses.
Furthermore, no agricultural activities, sensitive resources, geological instability, flood
hazard, or coastal access opportunities exist onsite, and the development does not obstruct
views of the coastline as seen from public lands or public right-of-way or otherwise damage
the visual beauty of the coastal zone.
6. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the
Coastal Act in that the property is not located adjacent to the shoreline. Therefore, the
project will not interfere with the public’s right to physical access to the ocean and the site is
not suited for water-oriented recreation activities.
7. The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone
(Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the City’s Master
Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard Urban Storm Water
Mitigation Plan (SUSMP), and Jurisdictional Urban Runoff Management Program (JURMP) to
avoid increased urban runoff, pollutants, and soil erosion. Furthermore, no natural steep
slopes ≥ 25% gradient will be affected by the project, and no native vegetation is located on
the subject site. In addition, the project site is not located in an area prone to landslides, or
susceptible to accelerated erosion, floods or liquefaction.
8. The project is not located in the Coastal Agriculture Overlay Zone, according to Map X of the
Land Use Plan, certified September 1990 and Agricultural Conversion Mitigation Fees are not
required in accordance with the provisions of the Coastal Agriculture Overlay Zone (Chapter
21.202 of the Zoning Ordinance).
9. The project is not located between the sea and the first public road parallel to the sea and
therefore, is not subject to the provisions of the Coastal Shoreline Development Overlay Zone
(Chapter 21.204 of the Zoning Ordinance).
Variance
10. That because of special circumstances applicable to the subject property, including size, shape,
topography, location or surroundings, the strict application of the zoning ordinance deprives
such property of privileges enjoyed by other property in the vicinity and under identical zoning
classification, in that the existing 14,357 square foot (SF), 22’8”-tall service repair building was
constructed on the side (southern) property line in the 1970’s, before any development
standards were established as part of the Car Country Specific Plan. It was not until 1984 that
development standards such as setbacks were incorporated into the Plan. As the current side
yard setback requirement in the Car Country Specific Plan is 10 feet and the existing 22’8”-tall
southern elevation wall of the service repair building is located on the southern property line,
it is considered to be legal nonconforming with respect to setbacks (i.e., legally built prior to
the establishment of the setback standards). The legal non-conforming status of the side yard
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setback for the repair building also exists at a number of dealerships which front Paseo Del
Norte. Specifically, structures located at 5424 Paseo Del Norte (Toyota Scion dealership) and
5444 Paseo Del Norte (Lexus dealership) were constructed on the side property line and
within the 10-foot-wide side yard setback.
The proposed project includes a request to demolish a majority of the parts and service repair
building to construct a new service and parts building (1st floor) with 2 levels of parking
above it. The applicant proposes to retain the existing legal nonconforming wall along the
southern property line and increase the height of the wall from 22’8” to 30’9” and length
from 230’ to 245’ to accommodate the addition of a 2nd floor and rooftop parking structure.
Because the new development (i.e., 2nd floor and the rooftop parking) is located on the
property line and within the required 10-foot-wide side yard setback, a Variance is required
for the addition. The Variance proposal would reduce the side yard setback for the 2nd floor
and rooftop floor of parking from 10 feet to zero feet. A legal nonconforming situation
currently exists, which is considered to be a unique circumstance to the property. The
proposal to construct the 2nd floor and rooftop parking at the property line will not
exacerbate the condition since a side yard setback does not currently existing along the
southern property line.
11. That the variance shall not constitute a grant of special privileges inconsistent with the
limitations upon other properties in the vicinity and zone in which the subject property is
located and is subject to any conditions necessary to assure compliance with this finding, in that
a legal nonconforming situation exists with respect to the existing repair building, which was
constructed on the southern property line and within the current 10-foot-wide side yard
setback. The legal non-conforming status of the side yard setback for the repair building is
not unique as a number of dealerships which front Paseo Del Norte and which are also
located within the boundaries of the Car Country Specific Plan, have buildings which are
located on the side property line. Specifically, structures located at 5424 (Toyota Scion
dealership) and 5444 Paseo Del Norte (Lexus dealership) have been constructed on the side
property line and within the 10-foot-wide side yard setback. Therefore, the subject variance
request does not constitute a grant of special privileges inconsistent with the limitations upon
other properties in the vicinity and zone in that other dealerships within the Car Country
Specific Plan have buildings which are located on the side property lines.
12. That the variance does not authorize a use or activity which is not otherwise expressly
authorized by the zone regulation governing the subject property, in that the Car Country
Specific Plan, SP 19(I), which supersedes the C-2-Q zone, allows for new and used auto sales
as well as service-related uses.
13. That the variance is consistent with the general purpose and intent of the general plan and any
applicable specific or master plans, 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.
14. In addition, in the coastal zone, that the variance is consistent with and implements the
requirements of the certified local coastal program and that the variance does not reduce or in
any manner adversely affect the protection of coastal resources as specified in the zones
included in this title, and that the variance implements the purposes of zones adopted to
implement the local coastal program land use plan, in that the proposed additions to the
existing Hoehn Buick Cadillac dealerships are consistent with the Mello II Segment of the LCP
Land Use Plan, which designates the site Regional Commercial (R) and allows for regional
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commercial-related uses. Furthermore, no agricultural activities, sensitive resources,
geological instability, flood hazard, or coastal access opportunities exist onsite, and the
development does not obstruct views of the coastline as seen from public lands or public
right-of-way or otherwise damage the visual beauty of the coastal zone.
General
15. The project is consistent with the adopted Airport Land Use Compatibility Plan for the
McClellan-Palomar Airport (ALUCP), dated October 2004, in that the project is located within
Review Area 2 of the Airport Influence Area, which indicates that non-residential uses are
compatible with the ALUCP. As such, the recordation of an overflight notification is not
required.
16. The Planning Commission finds that the project, as conditioned herein, is in conformance with
the Elements of the City’s General Plan and the Car Country Specific Plan based on the facts set
forth in the staff report dated September 4, 2013 including, but not limited to the following:
A. Land Use – The proposed project, an addition to an existing automobile showroom
and a new service repair building, provides regional commercial uses which draw
customers from outside the city, generates tax revenue and jobs, and provides goods
and services to residents in the city;
B. Circulation – The project will not adversely impact the traffic circulation in that the
two existing driveways will be maintained and the parking lot has been designed to
meet the minimum fire access requirements. In addition, the proposed project (634
ADT) and will not adversely impact the levels of service of the surrounding roadways
and key intersections, which are operating at an acceptable level of service; and
C. Noise – As the existing repair area is not currently located in an enclosed structure,
the proposal to add a parking structure above the repair area, thus fully enclosing the
first floor/repair area, will significantly improve any noise impacts generated by the
proposed use. In addition, as all of the adjacent land uses are also auto-related, the
proposed project is compatible with the adjacent properties.
17. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
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; water; drainage;
circulation; fire; schools; parks and other recreational 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.
18. That the City Planner 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 15332, In-Fill Development Projects, of the
state California Environmental Quality Act (CEQA) Guidelines, of the state CEQA Guidelines.
19. That the project is consistent with the City’s Landscape Manual and Water Efficient Landscape
Ordinance (Carlsbad Municipal Code Chapter 18.50).
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20. 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 grading
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, Coastal Development Permit, and Variance.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Site Development Plan, Coastal Development Permit, and Variance
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, Coastal Development
Permit, and Variance, (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, 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
dated September 4, 2013 reflecting the conditions approved by the final decision-making body.
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7. 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.
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 approval shall become null and void if building permits are not issued for this project within
24 months from the date of project approval.
10. 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.
11. 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.
12. Prior to the issuance of the grading permit or building permit, whichever occurs first,
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, Coastal Development Permit, and
Variance, by Resolution No. 7008 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 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.
13. 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. Enclosures
shall be of similar colors and/or materials to the project to the satisfaction of the City Planner.
14. Developer shall submit and obtain City Planner approval of a Final Landscape and 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 on the approved Final Plans, and
maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris.
15. 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 project’s
building, improvement, and grading plans.
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16. Approval is granted for SDP 12-04, CDP 12-26, and V 13-02 as shown on Exhibits “A – O”, dated
September 4, 2013, on file in the Planning Division and incorporated herein by reference.
Development shall occur substantially as shown unless otherwise noted in these conditions.
17. Developer shall construct, install and stripe not less than 12 customer and 28 employee parking
spaces as shown on Exhibits “A – O.” The customer parking spaces shall be signed or striped
to identify that the stalls are to be used for customers only.
18. 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.
19. Developer shall submit and obtain City Planner 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.
20. Prior to issuance of a building permit, the contemporary Aluminum Composite Material
(ACM) entrance feature proposed for the Buick GMC dealership shall be removed and
replaced on the project plans with materials which complement the required
Spanish/Mediterranean theme as required pursuant to the Car Country Specific Plan.
Engineering:
NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval
of this proposed development, must be met prior to approval of a building or grading permit whichever
occurs first.
General
21. 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.
22. 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.
23. Developer shall submit to the city planner, a reproducible 24" x 36", mylar copy of the Site Plan
and conceptual grading plan reflecting the conditions approved by the final decision making
body. The reproducible shall be submitted to the city planner, reviewed and, if acceptable,
signed by the city's project engineer and project planner prior to submittal of the building plans,
improvement plans, grading plans, or final map, whichever occurs first.
24. 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.
25. Developer shall install sight distance corridors at all street intersections and driveways in
accordance with City Engineering Standards. The property owner shall maintain this condition.
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Fees/Agreements
26. Developer shall cause property owner to execute and submit to the city engineer for
recordation, the city’s standard form Geologic Failure Hold Harmless Agreement.
27. Developer shall cause property owner to execute and submit to the city engineer for
recordation the city’s standard form Drainage Hold Harmless Agreement.
28. Developer shall cause property owner to submit an executed copy to the city engineer for
recordation a city standard Permanent Stormwater Quality Best Management Practice
Maintenance Agreement.
29. Prior to approval of any grading or building permits for this project, developer shall cause
owner to give written consent to the city engineer for the annexation of the area shown within
the boundaries of the site plan into the existing City of Carlsbad Street Lighting and Landscaping
District No. 1 and/or to the formation or annexation into an additional Street Lighting and
Landscaping District. Said written consent shall be on a form provided by the city engineer.
Grading
30. Based upon a review of the proposed grading and the grading quantities shown on the site plan,
a grading permit for this project is required. Developer shall prepare and submit plans and
technical studies/reports for city engineer review, post security and pay all applicable grading
plan review and permit fees per the city’s latest fee schedule.
31. 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 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.
32. 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.
33. This project is subject to ‘Priority Development Project’ requirements. Developer shall prepare
and process a Storm Water Management Plan (SWMP), subject to city engineer approval, to
demonstrate how this project meets new/current storm water treatment requirements per the
city’s Standard Urban Storm Water Management Plan (SUSMP), latest version. In addition to
new treatment control BMP selection criteria in the SUSMP, the developer shall use low impact
development (site design) approaches to ensure that runoff from impervious areas (roofs,
pavement, etc.) are drained through landscaped (pervious) areas prior to discharge. Developer
shall pay all applicable SWMP plan review and inspection fees per the city’s latest fee schedule.
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34. Developer is responsible to ensure that all final design plans (grading plans, improvement plans,
landscape plans, building plans, etc.) incorporate all source control, site design, treatment
control BMP, applicable hydromodification measures, and Low Impact Design (LID) facilities.
35. Developer shall submit documentation, subject to city engineer approval, demonstrating how
this project complies with Hydromodification requirements per the city’s SUSMP, latest version.
Documentation shall be included within the Storm Water Management Plan (SWMP).
Dedications/Improvements
36. Developer shall cause owner to dedicate to the city and/or other appropriate entities for water
utility purposes as shown on the site plan. The offer shall be made by separate recorded
document. All land so offered shall be free and clear of all liens and encumbrances and without
cost to the city. Streets that are already public are not required to be rededicated. Additional
easements may be required at final design to the satisfaction of the city engineer.
37. Developer shall design the private drainage systems, as shown on the site plan to the
satisfaction of the city engineer. All private drainage systems (12” diameter storm drain and
larger) shall be inspected by the city. Developer shall pay the standard improvement plan check
and inspection fees for private drainage systems.
38. Developer shall prepare and process public improvement plans and, prior to city engineer
approval of said plans, shall execute a city standard development Improvement Agreement to
install and shall post security in accordance with C.M.C. Section 20.16.070 for public
improvements shown on the site plan. Said improvements shall be installed to city standards to
the satisfaction of the city engineer. These improvements include, but are not limited to:
A. Potable water utilities
Developer shall pay the standard improvement plan check and inspection fees. Improvements
listed above shall be constructed within 36 months of approval of the subdivision or
development improvement agreement or such other time as provided in said agreement.
39. Developer shall design, and obtain approval from the city engineer, the structural section for
the access aisles with a traffic index of 5.0 in accordance with city standards due to truck access
through the parking area and/or aisles with an ADT greater than 500. Prior to completion of
grading, the final structural pavement design of the aisle ways shall be submitted together with
required R-value soil test information subject to the review and approval of the city engineer.
40. The drive aisle located east of the proposed sales building shall remain clear for truck access.
Through graphics, signs or other means acceptable to the city engineer, this truck access shall
remain clear of any obstructions, including inventory vehicles.
Utilities
41. 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.
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42. Developer shall design and construct public facilities within public right-of-way or within
minimum 20-foot wide easements granted to the district or the City of Carlsbad. At the
discretion of the district or city engineer, wider easements may be required for adequate
maintenance, access and/or joint utility purposes.
43. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for
connection to public facilities.
44. The developer shall design and construct public water, sewer, and recycled water facilities
substantially as shown on the site plan to the satisfaction of the district engineer and city
engineer.
Code Reminders:
45. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section
13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and
floor area contained in the staff report and shown on the site plan are for planning purposes
only.
46. 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.
47. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050
of the Carlsbad Municipal Code.
48. 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.
49. The project shall comply with the latest nonresidential disabled access requirements pursuant
to Title 24 of the California Building Code.
50. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 18.04.320.
51. Any signs proposed for this development shall at a minimum be designed in conformance with
the City’s Sign Ordinance and the 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 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.
. . .
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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
8 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
9 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.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of
the City of Carlsbad, California, held on September 4, 2013, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chairperson Siekmann, Commissioners Anderson, Black, L'Heureux,
Schumacher, Scully and Segall
KERRY K. IEKMANN, Chairperson
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ATTEST:
DON NEU
City Planner
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