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HomeMy WebLinkAbout2014-12-03; Planning Commission; Resolution 7076 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 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A SITE DEVELOPMENT PLAN AND COASTAL DEVELOPMENT PERMIT TO ALLOW FOR THE DEMOLITION OF THREE BUILDINGS TOTALING 14,460 SQUARE FEET AND THE CONSTRUCTION OF A 54,688 SQUARE FOOT AUDI AUTOMOBILE DEALERSHIP, INCLUDING A ROOFTOP PARKING STRUCTURE AND A 198 SQUARE FOOT, 25-FOOT-TALL FREESTANDING SIGN, LOCATED ON A 3.38- ACRE LOT ON THE WEST 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 MOTORS AUDI DEALERSHIP CASE NO.: SDP 14-06/CDP 14-10 WHEREAS, Hoehn Enterprise 2, LLC, “Developer/Owner,” has filed a verified application with the City of Carlsbad regarding property described as Lot 3 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 and Coastal Development Permit as shown on Exhibits “A – O” dated December 3, 2014, on file in the Planning Division, SDP 14-06/CDP 14-10 – HOEHN MOTORS AUDI DEALERSHIP as provided by Chapter 21.06 and 21.201.040 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on December 3, 2014, 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 and Coastal Development Permit. 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. 7076 PC RESO NO. 7076 -2- 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 B) That based on the evidence presented at the public hearing, the Planning Commission APPROVES SDP 14-06/CDP 14-10 – HOEHN MOTORS AUDI DEALERSHIP based on the following findings and subject to the following conditions: Findings: Site Development Plan, SDP 14-06 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 new Audi dealership includes Spanish/Mediterranean design elements such as terra cotta-colored mission tile roof features, a warm earth tone stucco and stone veneer, as well as a decorative cornice around the perimeter of the parking structure. In addition, the net gain of 720 average daily trips (ADTs) generated by this use can be accommodated on Paseo Del Norte 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 to the north and east of the project site; 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 automobile dealership complies with the required development and design standards of Specific Plan 19(I). The project is consistent with the required setbacks and has a proposed lot coverage of 31.2%, which is well below the allowable lot coverage of 50% for properties which include a parking structure. Further, the height of the sales office, service repair (including parts department) 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. 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 dealership will be setback from the eastern/front property line (abuts Paseo Del Norte) a minimum of 60’10”. In addition, adequate circulation, access aisles and parking spaces will be provided and landscaping will assist in softening and screening the parking structure from Interstate 5 and the adjacent land 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 continue to be provided 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 720 ADTs generated by the proposed project. . . . PC RESO NO. 7076 -3- 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 Coastal Development Permit, CDP 14-10 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 Audi 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 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). 10. 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 3, 2014 including, but not limited to the following: A. Land Use – The proposed project, a new automobile dealership and freestanding sign, provides a regional commercial use which will draw customers from outside the city, generate tax revenue and jobs, and provide 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 traffic (720 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 – As the service/repair area is proposed to be fully enclosed within the new dealership and the project site is adjacent to Interstate 5, no noise impacts are anticipated. PC RESO NO. 7076 -4- 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 General 11. 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. 12. 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. 13. That the project is consistent with the City’s Landscape Manual and Water Efficient Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50). 14. 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 the 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 and Coastal Development Permit. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Site Development Plan and Coastal Development Permit 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 PC RESO NO. 7076 -5- 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 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 and Coastal Development Permit, (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 3, 2014 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. 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. 9. 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. 10. 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. 11. 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 and Coastal Development Permit, by Resolution No. 7076 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. PC RESO NO. 7076 -6- 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 12. 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. 13. 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. 14. Developer shall construct, install and stripe not less than 17 customer and 46 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. 15. A sign permit is required for the wall and monument signage. 16. Prior to issuance of the building permits, the 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 the adjacent property, including Interstate 5. In addition, lighting for the parking structure is limited to the use of bollards or lighting attached to the interior of the parapet walls. Rooftop lighting shall not exceed the height of the parapet wall. 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 17. 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. 18. 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. 19. 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. 20. 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. 21. Prior to approval of Improvement Plans, Grading Plans or Final Map, developer shall submit to the city engineer written approval from North County Transit District (NCTD) demonstrating mass- transit improvement requirements for this project have been satisfied. PC RESO NO. 7076 -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 Fees/Agreements 22. 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. 23. Developer shall cause property owner to execute and submit to the city engineer for recordation the city’s standard form Drainage Hold Harmless Agreement. 24. 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. 25. Developer shall cause property owner to apply for, execute, and submit, to the city engineer for recordation, an Encroachment Agreement covering private pavers located over the driveway in the public right-of-way or easement as shown on the site plan. Developer shall pay processing fees per the city’s latest fee schedule. 26. 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 27. 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. 28. 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. 29. 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. 30. This project is subject to ‘Priority Development Project’ requirements. Developer shall prepare and process a final 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 PC RESO NO. 7076 -8- 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 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. The preliminary SWMP on record has been satisfactorily completed and is for reference only. The final SWMP shall be the active document used for implementing required BMPs during construction. 31. 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. 32. 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 33. 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. 34. 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 preliminary grading 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. On-site public water facilities and fire hydrants. B. Although privately maintained, the proposed 6 inch sewer lateral. 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. 35. 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. 36. Developer shall cause owner to quitclaim all of the water easement described as instrument No. 2006-0118580 recorded February 17, 2006. 37. Developer shall cause owner to dedicate to the city and/or other appropriate entities an easement for public domestic water purposes as shown on the preliminary grading plan. The offer shall be made by a 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. PC RESO NO. 7076 -9- 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 38. Prior to issuance of a grading permit, the developer shall submit written proof from Caltrans acknowledging that they have reviewed the proposed development plans (i.e. landscape plans, preliminary grading plans, site plan, etc.) and related pertinent reports and that all required design changes and/or mitigation, if any, have been addressed to Caltrans’ satisfaction. Utilities 39. 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. 40. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for connection to public facilities. 41. The developer shall design landscape and irrigation plans utilizing recycled water as a source, if available, and prepare and submit a colored recycled water use map to the Planning Department for processing and approval by the district engineer. 42. Developer shall install potable water and/or recycled water services and meters at locations approved by the district engineer. The locations of said services shall be reflected on public improvement plans. 43. The developer shall install sewer laterals and clean-outs at locations approved by the city engineer. The locations of sewer laterals shall be reflected on public improvement plans. The existing 4-inch sewer lateral shall be replaced by a minimum 6-inch diameter sewer lateral. 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: The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 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.