HomeMy WebLinkAbout2013-12-04; Planning Commission; Resolution 7022
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A SITE DEVELOPMENT PLAN
AMENDMENT AND COASTAL DEVELOPMENT PERMIT AMENDMENT, TO
ALLOW FOR THE CONSTRUCTION OF A 3,760 SQUARE FOOT SPRINTER
REPAIR FACILITY AT THE HOEHN MERCEDES BENZ DEALERSHIP,
LOCATED ON A 5.88-ACRE PROPERTY ON THE WEST SIDE OF CAR
COUNTRY DRIVE, 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 15303(E) (NEW CONSTRUCTION OR CONVERSION
OF SMALL STRUCTURES) CLASS 3 CATEGORICAL EXEMPTION.
CASE NAME: HOEHN SPRINTER
CASE NO.: SDP 98-06(A)/CDP 98-33(A)
WHEREAS, Hoehn Group, LLC, “Developer/Owner,” has filed a verified application with
the City of Carlsbad regarding property described as:
Lot 8 and 9 of Map No. 12242, in the City of Carlsbad, County of San
Diego, State of California, filed in the Office of the County Recorder of
San Diego County, October 28, 1988.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Site Development Plan
Amendment and Coastal Development Permit Amendment as shown on Exhibits “A – C” dated
December 4, 2013, on file in the Planning Division, SDP 98-06(A)/CDP 98-33(A)– HOEHN SPRINTER as
provided by Chapter 21.06 and 21.201.040 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on December 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 Amendment and Coastal Development Permit Amendment.
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.
PLANNING COMMISSION RESOLUTION NO. 7022
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B) That based on the evidence presented at the public hearing, the Planning Commission
APPROVES SDP 98-06(A)/CDP 98-33(A) – HOEHN SPRINTER based on the following
findings and subject to the following conditions:
Findings:
Site Development Plan Amendment
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 repair building includes slump stone
block and a warm earth tone exterior, both of which are recommended design features in the
Car Country Specific Plan. In addition, the location of the repair building at the rear of the
property will not disrupt the existing vehicular circulation on the site, the additional 147
additional daily trips (ADTs) generated by this use can be accommodated on Car Country
Drive, and 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 the proposed repair building complies with the required development and design
standards of Specific Plan 19(I), including setbacks, lot coverage and height.
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 and proposed service repair use function as a component of the
Specific Plan’s allowed automobile sales, service, and auto-related uses. 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 repair building will be setback from the western/rear property line 53 feet and
adequate circulation, access aisles and parking spaces 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
from three private driveways located off of Car Country Drive. In addition, the street system
serving the proposed use (Car Country Drive) will be adequate to handle the increase in traffic
of 147 ADTs generated by the proposed project.
Coastal Development Permit Amendment
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 addition of the repair building
to the existing Hoehn Mercedes Benz dealership is 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
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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).
General
10. The project is consistent with the adopted Airport Land Use Compatibility Plan for the
McClellan-Palomar Airport (ALUCP), dated March, 2010, 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.
11. 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 December 4, 2013 including, but not limited to the following:
A. Land Use – The proposed project, the addition of a 3,760 square foot repair facility to
an existing automobile dealership, provides a regional commercial use, which attracts
customers from outside of 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
three existing driveways will be maintained and the parking lot has been designed to
meet the minimum fire access requirements. In addition, the proposed project (147
ADTs) 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 – The proposed repair facility will be enclosed with slump stone block to assist
in attenuating the noise generated by the use. In addition, the subject property is
surrounded by similar auto-related land uses, including other repair buildings.
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Therefore, the proposed project is compatible with the adjacent properties and will
not create any adverse impacts with respect to noise.
12. 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.
13. 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 15303(e), New Construction or Conversion of
Small Structures, of the state California Environmental Quality Act (CEQA) Guidelines, of the
state CEQA Guidelines.
14. That the project is consistent with the City’s Landscape Manual and Water Efficient Landscape
Ordinance (Carlsbad Municipal Code Chapter 18.50).
15. 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 and Coastal Development Permit 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 and Coastal Development Permit
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.
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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 and Coastal
Development Permit 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,
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 December 4, 2013 reflecting the conditions approved by the final decision-making body.
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 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,
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notifying all interested parties and successors in interest that the City of Carlsbad has issued a
Site Development Plan Amendment and Coastal Development Permit Amendment, by
Resolution No. 7022 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, install and stripe not less than 20 customer and 50 employee parking
spaces as shown on Exhibits “A – C.” The customer parking spaces shall be signed or striped
to identify that the stalls are to be used for customers only.
14. 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.
Engineering:
15. 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 treatment practices or devices, 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.
Code Reminders:
16. 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.
17. 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.
18. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050
of the Carlsbad Municipal Code.
19. 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.
20. The project shall comply with the latest nonresidential disabled access requirements pursuant
to Title 24 of the California Building Code.
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21. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 18.04.320.
22. 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.
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.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of
the City of Carlsbad, California, held on December 4, 2013, by the following vote, to wit:
AYES:
NOES:
ABSENT:
Chairperson Siekmann, Commissioners Anderson, Black, L'Heureux,
Schumacher, Scully and Segall
KERRY K. SIEKMANN, Chairperson
CARLSBAD PLANNING COMMISSION
ATIEST:
~~
DON NEU
City Planner
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