HomeMy WebLinkAbout1999-01-19; City Council; 15020; Nissan New Car Dealership- -
CITY OF CARLSBAD - AGEWA BILL
AB# jw m:
l/19/99 MTG.
DEPT. PLN #
NISSAN NEW CAR DEALERSHIP
SDP 98-08/CDP 98-37
CITY MGRa
RECOMMENDED ACTION:
That the City Council ADOPT City Council Resolution No. w-3/ APPROVING the
Negative Declaration, Site Development Plan (SDP 98-08) and Coastal Development Permit (CDP
98-37).
ITEM EXPLANATION:
On December 2, 1998, the Planning Commission conducted a public hearing and unanimously
recommended approval of the Nissan New Car Dealership project, which is proposed for property
generally located on the west of Car Country Drive in Car Country Carlsbad.
The applications propose the development of Lot 5 in the Car Country Expansion Specific Plan with
a single-story, automobile display and administrative building and a IO-bay service building totaling
10,785 square feet. The previously graded 1.83 acre project site has improved street frontage,
including landscaping, sidewalk, curb, and gutter along Car Country Drive. The proposed project
has an architectural style generally described as a Spanish motif with clay barrel tile roofs and slump
block and stucco building walls. The Site Development Plan and Coastal Development Permit
applications are required for the City to determine that the project complies with all City standards.
The project is in compliance with all City requirements.
The permits require City Council approval as the project is in the area subject to the Carlsbad Ranch
Overlay Zone Urgency Ordinance, NS-424. The urgency ordinance contains no additional
development standards or design standards. The effect of the urgency ordinance is to require
commercial projects subject to Planning Commission review to undergo City Council review and
approval. In compliance with the urgency ordinance the Planning Commission reviewed the project
and made a recommendation of approval on the required permits instead of taking the final action to
approve or deny the project as would be the case in the absence of the ordinance.
The project as designed complies with all applicable plans, ordinances and policies. More detailed
information is included in the attached staff report to the Planning Commission.
ENVIRONMENTAL REVIEW:
The initial study prepared in conjunction with this project determined that the project would not have
a significant impact on the environment. The project falls within the scope of the City’s MEIR for the
City of Carlsbad General Plan update (EIR 93-01); therefore, the Planning Director issued a Negative
Declaration for the proposed project on August 8, 1998. All feasible mitigation measures identified
by the MEIR which are appropriate to this project have been incorporated into the site design. No
additional mitigation measures in the form of roadway improvements are necessary. With regard to
air quality and circulation impacts, the City’s MEIR found that the cumulative impacts of the
implementation of projects consistent with the General Plan are significant and adverse due to
regional factors, therefore, the City Council adopted a Statement of Overriding Consideration.
FISCAL IMPACT:
No fiscal impact will result from the project since it is consistent with the Zone 3 Local Facilities
Management Plan. A financing plan that comprehensively addresses the provisions of public
PAGE 2 OF AGENDA BILL NO. $=o
facilities within the facility zone has been approved by the City Council and this project has been
conditioned to participate in the identified financing mechanisms.
GROWTH MANAGEMENT STATUS:
Facilities Zone 3
Local Facilities Management Plan 3
Growth Control Point N/A
Net Density N/A
Special Facility Fee NIA
EXHIBITS:
1. City Council Resolution No. w-31
2. Location Map
3. Planning Commission Resolutions No. 4420,442l and 4422
4. Planning Commission Staff Report, dated December 2, 1998
5. Excerpts from Planning Commission Minutes, dated December 2, 1998.
RESOLUTION NO. 99-31
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A NEGATIVE
DECLARATION, SITE DEVELOPMENT PLAN, AND COASTAL
DEVELOPMENT PERMIT TO ALLOW THE DEVELOPMENT OF
AN AUTOMOBILE DEALERSHIP ON PROPERTY GENERALLY
LOCATED ON THE WEST SIDE OF CAR COUNTRY DRIVE IN
THE COASTAL ZONE AND IN LOCAL FACILITIES
MANAGEMENT ZONE 3.
CASE NAME: NISSAN NEW CAR DEALERSHIP
CASE NO.: SDP 98-08 / CDP 98-37
follows:
The City Council of the City of Carlsbad, California, does hereby resolve as
WHEREAS, on December 2, 1998, the Planning Commission held a duly noticed
public hearing to consider a Negative Declaration, Site Development Plan, and Coastal
Development Permit for the development of an approximately 5,063 square foot auto display
building and a 5,722 square foot service building on a 1.83 acre site, and adopted Resolutions
Number 4420, 4421, and 4422 recommending to the City Council that the Negative Declaration,
Site Development Plan, and Coastal Development Permit be approved; and
WHEREAS, the City Council of the City of Carlsbad, on the 19th day of
January , 1999, held a duly noticed public hearing to consider the recommendation
and heard all persons interested in or opposed to the Negative Declaration, SDP 98-08, and
CDP 98-37; and
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the recommendation of the Planning Commission of the Negative
Declaration, Site Development Plan 98-08, and Coastal Development Permit CDP 98-37 is
approved and that the findings and conditions of the Planning Commission contained in
Planning Commission Resolutions Number 4420, 4421, and 4422 on file with the City Clerk and
incorporated herein by reference, are the findings and conditions of the City Council.
3. This action is final the date this resolution is adopted by the City Council. The
provisions of Chapter 1.16 of the Carlsbad Municipal Code, “Time Limits for Judicial Review”
shall apply:
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“NOTICE TO APPLICANT’
“The time within which judicial review of this decision must be sought is
governed by Code of Civil Procedure, Section 1094.6, which has been made
applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16.
Any petition or other paper seeking judicial review must be filed in the
appropriate court no later than the ninetieth day following the date on which
this decision becomes final; however, if within ten days after the decision
becomes final a request for the record of proceedings accompanied by the
required deposit in an amount sufficient to cover the estimated cost of
preparation of such record, the time within which such petition may be filed in
court is extended to not latter than the thirtieth day following the date on which
the record is either personally delivered or mailed to the party, or his attorney
of record, if he has one. A written request for the preparation of the record of
the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200
Carlsbad Village Drive, Carlsbad, California 92008.”
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the 19th day of January 1999, by the following vote, to wit:
AYES: Council Members Lewis, Hall, Finnila, Nygaard and Kulchin
NOES: None
ABSENT: None
ATTEST:
.
ALETHA L. RAUTENKRANZ, City Clerk
w=-)
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EXHIBIT 2
NISSAN NEW CAR DEALERSHIP
SDP 98-08lCDP 98-37
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EXHIBIT 3
r PLANNI
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA RECOMMENDING
APPROVAL OF A NEGATIVE DECLARATION FOR THE
DEVELOPMENT OF AN AUTOMOBILE DEALERSHIP ON
PROPERTY GENERALLY LOCATED ON CAR COUNTRY
DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 3.
CASE NAME: NISSAN NEW CAR DEALERSHIP
CASE NO.: CDP 98-37 I SDP 98-08
WHEREAS, Saitama Nissan (USA) Corporation, “Developer”, has filed a
verified application with the City of Carlsbad regarding property owned by Robert Earl
Townsend and Marilyn Jane Townsend, Trustees of the Townsend Family Trust U/T/A/
Dated May 30,1988, “Owner”, described as
Lot 5 of Carlsbad Tract No. 87-3, in the City of Carlsbad,
County of San Diego, State of California, according to map
thereof No. 12242, filed in the offke of County Recorder of San
Diego County, dated October 28,1988.
.
(“the Property”); and
WHEREAS, the Planning Commission did on the 2nd day of December, 1998,
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, examining the initial study, analyzing the information submitted by staff, and
considering any written comments received, the Planning Commission considered all factors
relating to the Negative Declaration.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
A) That the foregoing recitations are true and correct.
W That based on the evidence presented at the public hearing, the Planning
Commission hereby RECOMMENDS APPROVAL of the Negative Declaration according to
Exhibit “ND” dated August 8, 1998, and “PII” dated August 8, 1998 attached hereto and made
a part hereof, based on the following findings: L
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FindingS:
1.
2.
3.
The Planning Commission of the City of Carlsbad has reviewed, analyzed and
considered the Negative Declaration, the environmental impacts therein identified for this
project and said comments thereon, prior to RECOMMENDING APPROVAL of the
project. Based on the EIA Part II and comments thereon, the Planning Commission
finds that there is no substantial evidence the project will have a significant effect on the
environment and hereby RECOMMENDS APPROVAL of the Negative Declaration.
The Planning Commission does hereby find that the Negative Declaration has been
prepared in accordance with requirements of the California Environmental Quality Act,
the State Guidelines and the Environmental Protection Procedures of the City of
Carlsbad.
The Planning Commission finds that the Negative Declaration reflects the independent
judgment of the Planning Commission of the City of Carlsbad.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 2nd day of December, 1998, by
the following vote, to wit:
AYES:
NOES:
Chairperson Noble, Commissioners Compas, Heineman, Nielsen,
Savary, and Welshons
ABSENT: Commissioner Monroy
ABSTAIN:
CARLSBAD PLANNING COMMISSION
ATTEST:
PC RESO NO. 4420 -2-
City 0
NEGATIVE DECLARATION
Project Address/Location: On the west side of Car Country Drive, north of Palomar Airport
Road and south of Cannon Road, within the Car Counm Specific
Plan area. Lot 5 of Parcel Map 12242
Project Description: Development of an auto dealership. The improvements will
consist of a 5113.0 square foot display and administrative building
and a 5722.5 square foot service building that will have 12 service
bays. The site is a previously graded pad that slopes gently to the
west. The balance of the site will consist of landscape areas and
paving for onsite employee and customer parking and for the
storage of vehicles for sale.
The City of Carlsbad has conducted an environmental review of the above described prqject
pursuant to the Guidelines for Implementation of the California Environmental Quality Act and
the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, a
Negative Declaration (declaration that the project will not have a significant impact on the
environment) is hereby issued for the subject project. Justification for this action is on file in the
Planning Department.
A copy of the Negative Declaration with supportive documents is on file in the Planning
Department. 2075 Las Palmas Drive, Carlsbad, California 92009. Comments from the public are
invited. Please submit comments in writing to the Planning Department within 30 days of date
of issuance. If you have any questions, please call Van Lynch in the Planning Department at
(760) 438-l 161, extension 4447.
DATED: AUGUST 81998
CASE NO: SDP 98-08
CASE NAME: NISSAN NEW CAR DEALERSHIP
PUBLISH DATE: AUGUST 8.1998
MICHAEL J. HmZMPtLER
Planning Director
2075 La Palmas Dr. * Carisbad, CA 92009-1576 - (760) 438-l 161 - FAX (760) 438-0894
ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART II
(TO BE COMPLETED BY THE PLANNING DEPARTMENT)
CASE NO: SDP 9%08/CDP 98-37
DATE: AUGUST 8. 1998
BACKGROUND
I. CASE NAME: NISSAN NEW CAR DEALERSHIP
2. APPLICANT: SAITAMA NISSAN (USA) CORPORATION
3. ADDRESS AND PHONE NUMBER OF APPLICANT: 4670 CONVOY STREET. SAN
DIEGO. CA, 9211 I (619) 431-3100
4. DATE EIA FORM PART I SUBMITTED: MAY 6. I998
5. PROJECT DESCRIPTION: Development of an auto dealership on the west side of Car Country
Drive, north of Palomar Airport Road and south of Cannon Road, within the Car Country
Specific Plan area. The improvements will consist of a 3664 square foot display and
administrative building and a 3550 square foot service building that will have 12 service bays.
The site is a previously graded pad that slopes gently to the west.
SUMMARY OF ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The summary of environmental factors checked below would be potentially affected by this project,
involving at least one impact that is a “Potentially Significant Impact,” or “Potentially Significant Impact
Unless Mitigation Incorporated” as indicated by the checklist on the following pages.
0 Land Use and Planning
0 Population and Housing
q Transportation/Circulation
0 Biological Resources
0 Public Services
[7 Utilities & Service Systems
0 Geological Problems
cl Water
0 Energy & Mineral Resources 0 Aesthetics
Cl Hazards cl Cultural Resources
q Air Quality cl Noise cl Recreation
0 Mandatory Findings of Significance
Rev. 03128196 9
DETERMINATION.
(To be completed by the Lead Agency)
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I find that the proposed project COULD NOT have a significant effect on the
environment, and a NEGATIVE DECLARATION will be prepared.
I find that although the proposed project could have a significant effect on the
environment, there will not be a significant effect in this case because the mitigation
measures described on an attached sheet have been added to the project. A NEGATIVE
DECLARATION will be prepared.
I find that the proposed project MAY have a significant effect on the environment. and an
ENVIRONMENTAL IMPACT REPORT is required.
I find that the proposed project MAY have significant effect(s) on the environment, but at
least one potentially significant effect 1) has been adequately analyzed in an earlier
document pursuant to applicable legal standards, and 2) has been addressed by mitigation
measures based on the earlier analysis as described on attached sheets. An Mitigated
Negative Declaration is required, but it must analyze only the effects that remain to be
addressed.
I find that although the proposed project could have a significant effect on the
environment, there WILL NOT be a significant effect in this case because all potentially
significant effects (a) have been analyzed adequately in an earlier Master Environmental
Impact Review (MEIR 93-01) pursuant to applicable standards and (b) have been voided
or mitigated pursuant to that earlier Master Environmental Review (MEIR 93-01).
including revisions or mitigation measures that are imposed upon the proposed project.
Therefore, a Notice of Prior Compliance has been prepared.
8-J-743
Date
0/5/s 0
Date
2 Rev. 03/28/96 lb
ENVIRONMENTAL IMPACTS
-I &
STATE CEQA GUIDELINES. Chapter 3. Article 5. Section 15063 requires that the City.
conduct an Environmental Impact Assessment to determine if a project may have a significant
effect on the environment. The Environmental Impact Assessment appears in the following
pages in the form of a checklist. This checklist identifies any physical. biological and human
factors that might be impacted by the proposed project and provides the City with information to
use as the basis for deciding whether to prepare an Environmental Impact Report (EIR). Negative
Declaration. or to rely on a previously approved EIR or Negative Declaration.
l A brief explanation is required for all answers except “No Impact” answers that are
adequately supported by an information source cited in the parentheses following each
question. A “No Impact” answer is adequately supported if the referenced information
sources show that the impact simply does not apply to projects like the one involved. A
“No Impact” answer should be explained when there is no source document to refer to. or
it is based on project-specific factors as well as general standards.
l “Less Than Significant Impact” applies where there is supporting evidence that the
potential impact is not adversely significant, and the impact does not exceed adopted
general standards and policies.
0 “Potentially Significant Unless Mitigation Incorporated” applies where the incorporation
of mitigation measures has reduced an effect from “Potentially Significant Impact” to a
“Less Than Significant Impact.” The developer must agree to the mitigation. and the
City must describe the mitigation measures, and briefly explain how they reduce the
effect to a less than significant level.
l “Potentially Significant Impact” is appropriate if there is substantial evidence that an
effect is significant.
l Based on an “EIA-Part II”, if a proposed project could have a potentially significant
effect on the environment, but &l potentially significant effects (a) have been analyzed
adequately in an earlier EIR or Mitigated Negative Declaration pursuant to applicable
standards and (b) have been avoided or mitigated pursuant to that earlier EIR or Mitigated
Negative Declaration. including revisions or mitigation measures that are imposed upon
the proposed project, and none of the circumstances requiring a supplement to or
supplemental EIR are present and all the mitigation measures required by the prior
environmental document have been incorporated into this project, then no additional
environmental document is required (Prior Compliance).
l When “Potentially Significant Impact” is checked the project is not necessarily required
to prepare an EIR if the significant effect has been analyzed adequately in an earlier EIR
pursuant to applicable standards and the effect will be mitigated, or a “Statement of
Overriding Considerations” has been made pursuant to that earlier EIR.
l A Negative Declaration may be prepared if the City perceives no substantial evidence that
the project or any of its aspects may cause a significant effect on the environment.
3 Rev. 03/28/96 //
l If there are one or more potentially significant effects. the City may avoid preparing an
EIR if there are mitigation measures to clearly reduce impacts to less than significant. and
those mitigation measures are agreed to by the developer prior to public review. In this
case. the appropriate “Potentially Significant Impact Unless Mitigation Incorporated”
may be checked and a Mitigated Negative Declaration may be prepared.
l An EIR must be prepared if “Potentially Significant Impact” is checked. and including
but not limited to the following circumstances: (1) the potentially significant effect has
not been discussed or mitigated in an Earlier EIR pursuant to applicable standards. and
the developer does not agree to mitigation measures that reduce the impact to less than
significant; (2) a “Statement of Overriding Considerations” for the significant impact has
not been made pursuant to an earlier EIR; (3) proposed mitigation measures do not reduce
the impact to less than significant, or; (4) through the EIA-Part I1 analysis it is not
possible to determine the level of significance for a potentially adverse effect. or
determine the effectiveness of a mitigation measure in reducing a potentially significant
effect to below a level of significance.
A discussion of potential impacts and the proposed mitigation measures appears at the end of the
form under DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention
should be given to discussing mitigation for impacts which would otherwise be determined
significant.
4 Rev. 03/28/96 /a
Issues (and Supporting Information Sources).
I. LAND USE AND PLANNING. Would the proposal:.
a)
b)
c)
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e)
Conflict with general plan designation or zoning?
(Source #(s): (#l:Pgs 5.4-l - 5.6-18)
Conflict with applicable environmental plans or
policies adopted by agencies with jurisdiction over the
project? (# 1 :Pgs 5.6- 1 - 5.6- 18)
Be incompatible with existing land use in the vicinity?
(#l:Pgs 5.6-l - 5.6-18)
Affect agricultural resources or operations (e.g. impacts
to soils or farmlands, or impacts from incompatible
land uses? (#l:Pgs 5.6-l - 5.6-18)
Disrupt or divide the physical arrangement of an
established community (including a low-income or
minority community)? (#l:Pgs 5.6-l - 5.6-18)
Il. POPULATION AND HOUSING. Would the proposal:
a) Cumulatively exceed official regional or local
population projections? (#l:Pgs 5.5-I - 5.5-6)
b) Induce substantial growth in an area either directly or
indirectly (e.g. through projects in an undeveloped area
or extension of major infrastructure)? (#l:Pgs 5.5- 1 -
5.5-6)
c) Displace existing housing, especially affordable
housing? (#I :Pgs 5.5-l - 5.5-6)
111. GEOLOGIC PROBLEMS. Would the proposal result in or
a)
b)
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e)
f)
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expose people to potential impacts involving:
Fault rupture? (#l:Pgs 5.1-l - 5.1-15)
Seismic ground shaking? ((#l:Pgs 5.1-l - 5.1-15)
Seismic ground failure, including liquefaction?
((#l:Pgs 5.1-l - 5.1.15)
Seiche, tsunami, or volcanic hazard? (#l:Pgs 5.1-l -
5.1-15)
Landslides or mudflows? (# 1 :Pgs 5.1- 1 - 5.1 -I 5)
Erosion, changes in topography or unstable soil
conditions from excavation, grading, or fill? (#l:Pgs
5.1-I - 5.1-15)
Subsidenceoftheland?(#l:Pgs5.1-1 -5.1-15)
Expansive soils? (#l:Pgs 5.1-I - 5.1-15)
Unique geologic or physical features? (#l:Pgs 5.1-l -
5.1-15)
IV. WATER. Would the proposal result in:
a) Changes in absorption rates, drainage patterns, or the
rate and amount of surface runoff? (#l:Pgs 5.2-l - 5..2-
11) b) Exposure of people or property to water related hazards
such as flooding? ((#I:Pgs 5.2-l - 5..2-11)
PotentialI?
Significant impact
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PotentialI!,
Significant
Unless
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Incorporated
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Less Than
Significant
Impact
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Issues (and Supporting Information Sources).
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e)
f)
54)
h)
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Discharge into surface waters or other alteration of
surface water quality (e.g. temperature, dissolved
oxygen or turbidity)? ((#l:Pgs 5.2-l - 5..2-11)
Changes in the amount of surface water in any water
body? ((#l:Pgs 5.2-l - 5..2-11)
Changes in currents. or the course or direction of water
movements? ((# 1 :Pgs 5.2- 1 - 5 ..2- 11)
Changes in the quantity of ground waters, either
through direct additions or withdrawals, or through
interception of an aquifer by cuts or excavations or
through substantial loss of groundwater recharge
capability? ((#l:Pgs 5.2-I - 5..2-11)
Altered direction or rate of flow of groundwater?
((#l:Pgs 5.2-l - 5..2-11)
Impacts to groundwater quality? ((#l:Pgs 5.2-l - 5..2-
11) Substantial reduction in the amount of groundwater
otherwise available for public water supplies? (#l:Pgs
5.2-l - 5,.2-l 1)
V. AIR QUALITY. Would the proposal:
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b)
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Violate any air quality standard or contribute to an
existing or projected air quality violation? (# 1 :Pgs 5.3-
1 - 5.3-12)
Expose sensitive receptors to pollutants? (#l:Pgs 5.3-l
-,5.3-12)
Alter air movement, moisture, or temperature. or cause
any change in climate? ((#l:Pgs 5.3-l - 5.3-12)
Create objectionable odors? ((#l:Pgs 5.3-l - 5.3-12)
VI. TRANSPORTATION/ClRCULATlON. Would the
a)
b)
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e)
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proposal result in:
Increased vehicle trips or traffic congestion? (#l:Pgs
5.7-l - 5.7.22)
Hazards to safety from design features (e.g. sharp
curves or dangerous intersections) or incompatible uses
(e.g. farm equipment)? (#l:Pgs 5.7-l - 5.7.22)
Inadequate emergency access or access to nearby uses?
(#l :Pgs 5.7-l - 5.7.22)
Insufficient parking capacity on-site or off-site?
(#I :Pgs 5.7-l - 5.7.22)
Hazards or barriers for pedestrians or bicyclists?
(# 1 :Pgs 5.7-l - 5.7.22)
Conflicts with adopted policies supporting alternative
transportation (e.g. bus turnouts, bicycle racks)?
(#I :Pgs 5.7-l - 5.7.22)
Rail. waterborne or air traffic impacts? (#l:Pgs 5.7-l -
5.7.22)
PotentialI\
Significant
Impact
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PotentialI! Sipnificant Unless
Mitigation
Incorporated
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III
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Less Than
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Impact
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VII. BIOLOGICAL RESOURCES. Would the proposal result
in impacts to:
6 Rev. 03f28196
lssues (and Supporting Information Sources).
b)
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e)
VIII.
a>
b)
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Endangered, threatened or rare species or their habitats
(including but not limited to plants, fish, insects,
animals, and birds? (#l:Pgs 5.4-l - 5.4-24)
Locally designated species (e.g. heritage trees)?
(#l:Pgs 5.4-l - 5.4-24)
Locally designated natural communities (e.g. oak
forest. coastal habitat, etc.)? (# 1 :Pgs 5.4- 1 - 5.4-24)
Wetland habitat (e.g. marsh, riparian and vernal pool)?
(#l:Pgs 5.4-l - 5.4-24)
Wildlife dispersal or migration corridors? (#l:Pgs 5.4-l
- 5.4-24)
ENERGY AND MINERAL RESOURCES. Would the
proposal?
Conflict with adopted energy conservation plans?
(#l:Pgs 5.12.1-l - 5.12.1-5 &5.13-l - 5.13-9)
Use non-renewable resources in a wasteful and
inefficient manner? (#l:Pgs 5.12.1-l -5.12.1-5 & 5.13-
1 - 5.13-9)
Result in the loss of availability of a known mineral
resource that would be of future value to the region and
the residents of the State? (#l:Pgs 5.12.1-l - 5.12.1-5
& 5.13-I - 5.13-9)
IX. HAZARDS. Would the proposal involve:
a>
b)
C)
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e)
A risk of accidental explosion or release of hazardous
substances (including, but not limited to: oil, pesticides,
chemicals or radiation)? (#l:Pgs 5.10.1-l - 5.10.1-5)
Possible interference with an emergency response plan
or emergency evacuation plan? (#I :Pgs 5.10. l-l -
5.10.1-5)
The creation of any health hazard or potential health
hazards? (#l:Pgs 5.10.1-I - 5.10.1-5)
Exposure of people to existing sources of potential
health hazards? (#l:Pgs 5.10.1-l - 5.10.1-5)
Increase tire hazard in areas with flammable brush,
grass, or trees? (#l:Pgs 5.10.1-I - 5.10.1-5)
X. NOISE. Would the proposal result in:
a) Increases in existing noise levels? (#l:Pgs 5.9-l - 5.9-
15) b) Exposure of people to severe noise levels? (# 1 :Pgs 5.9-
1 - 5.9-15)
Xl. PUBLIC SERVICES. Would the proposal have an effect
upon, or result in a need for new or altered government
services in any of the following areas:
a) Fire protection? (#l:Pgs 5.12.5-I - 5.12.5-6)
b) Police protection? (#l:Pgs 5.12.6-l - 5.12.6-4)
c) Schools?(#l:Pgs 5.12.7.1 - 5.12.7-5)
Potentially Signifrcanl
Impact
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Issues (and Supporting Information Sources).
d) Maintenance of public facilities. including roads?
(1:Pgs 5.12.1-I - 5.12.8-7)
e) Other governmental services? (#I:Pgs 5.12.1-I -
5.12.8-7)
XIIUTILITIES AND SERVICES SYSTEMS. Would the
a>
b)
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f)
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b)
c)
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b)
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proposal result in a need for new systems or supplies,
or substantial alterations to the following utilities:
Power or natural gas? (#I:Pgs 5.12.1-I - 5.12.1-5 &
5.13-l - 5.13-9)
Communications systems? (#l:Pgs. 5.12.1-I - 5.12.8-7)
Local or regional water treatment or distribution
facilities? (#l:Pgs 5.12.2-1 - 5.12.3-7)
Sewer or septic tanks? (#I:Pgs 5.12.3-I - 5.12.3-7)
Storm water drainage? (#l:Pg 5.2-S)
Solid waste disposal? (#l:Pgs 5.12.4-I - 5.12.4-3)
Local or regional water supplies? (#l :Pgs 5.12.2-1 -
5.12.3-7)
AESTHETICS. Would the proposal:
Affect a scenic or vista or scenic highway? (#l:Pgs
5.11-I - 5.11-5)
Have a demonstrate negative aesthetic effect? (# 1 :Pgs
5.1 l-l - 5.11-5)
Create light or glare? (#l:Pgs 5.1 I-l - 5.1 l-5)
CULTURAL RESOURCES. Would the proposal:
Disturb paleontological resources? (#l:Pgs 5.8-I - 5.8-
10) Disturb archaeological resources? (#l:Pgs 5.8-l - 5.8-
10) Affect historical resources? (#l:Pgs 5.8-l - 5.8-10)
Have the potential to cause a physical change which
would affect unique ethnic cultural values? (#l:Pgs
5.8-l - 5.8-10)
Restrict existing religious or sacred uses within the
potential impact area? (#I :Pgs 5.8- 1 - 5.8-10)
XV. RECREATIONAL. Would the proposal:
a) Increase the demand for neighborhood or regional
parks or other recreational facilities? (# 1 :Pgs 5.12.8-I -
5.12.8-7)
b) Affect existing recreational opportunities? (# 1 :Pgs
5.12.8-l - 5.12.8-7)
Potentially
Significanl Impact
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XVI. MANDATORY FINDINGS OF SIGNIFICANCE.
8 Rev. 03/28/96 lb
Issues (and Supporting Information Sources).
a) Does the project have the potential to degrade the
quality of the environment, substantially reduce the
habitat of a fish or wildlife species, cause a fish or
wildlife population to drop below self-sustaining levels,
threaten to eliminate a plant or animal community.
reduce the number or restrict the range of a rare or
endangered plant or animal or eliminate important
examples of the major periods of California history or
prehistory?
b) Does the project have impacts that are individually
limited. but cumulatively considerable?
(“Cumulatively considerable” means that the
incremental effects of a project are considerable when
viewed in connection with the effects of past projects,
the effects of other current projects, and the effects of
probable future projects)?
c) Does the project have environmental effects which will
cause the substantial adverse effects on human beings,
either directly or indirectly?
Potentially Potentiali! Less Than NO
Significant Significant Siyiticant Impact
Impact Unless Impact
Mitigation
Incorporated
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DISCUSSION OF ENVIRONMENTAL EVALUATION
I. PROJECT DESCRIPTION/ENVIRONMENTAL SETTING
The project involves the development of an automobile dealership on the west side of Car
Country Drive within the Car Country Specific Plan (SP19) area. The improvements will
consist of a 5 113 square foot display and administrative building and a 5722.5 square foot
service building that will have 12 service bays. The balance of the site will consist of
landscape areas and paving for onsite employee and customer parking and for the storage
of vehicles for sale. The site is a previously graded pad that slopes gently (6%)
downward to the west and is currently being used for vehicle storage. The site contains
non-native grasses and forbs. The western edge of the site has a 2:l downslope to an
adjacent auto dealership and is a landscaped manufactured slope with eucalyptus trees
and various ornamental shrubs. The project is located within the coastal zone.
10 Rev. 03f28f96 /B
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II. ENVIRONMENTAL ANALYSIS
B. Environmental Impact Discussion
1. Landuse: The site is landuse designated for Regional Retail and zoned for General
Commercial. The site is also within a Specific Plan (SP 19) that designates the areas
uses as automobile dealerships. The proposed automobile dealership is consistent
with the Specific Plan.
2. Population: The proposed commercial project will not impact population
projections. induce substantial growth nor displace existing housing.
3. Geology: Because the site was previously graded, not in proximity to major faults
and is not within a flood prone area, there is little chance of fault rupture. seismic
shaking or failure, flooding, or subsidence.
4. Water: The site will result in an increase of surface runoff. There are drainage
facilities in place to accommodate the increase in surface runoff and no impacts will
result. The project will be conditioned to follow NPDES standards for water quality.
5. Air Quality: The implementation of subsequent projects that are consistent with
and included in the updated 1994 General Plan will result in increased gas and electric
power consumption and vehicle miles traveled. These subsequently result in
increases in the emission of carbon monoxide. reactive organic gases, oxides of
nitrogen and sulfur, and suspended particulates. These aerosols are the major
contributors to air pollution in the City as well as in the San Diego Air Basin. Since
the San Diego Air Basin is a “non-attainment basin”, any additional air emissions are
considered cumulatively significant: therefore, continued development to buildout as
proposed in the updated General Plan will have cumulative significant impacts on the
air quality of the region. To lessen or minimize the impact on air quality associated
with General Plan buildout, a variety of mitigation measures are recommended in the
Final Master EIR. These include: 1) provisions for roadway and intersection
improvements prior to or concurrent with development; 2) measures to reduce vehicle
trips through the implementation of Congestion and Transportation Demand
Management; 3) provisions to encourage alternative modes of transportation
including mass transit services; 4) conditions to promote energy efficient building and
site design; and 5) participation in regional growth management strategies when
adopted. The applicable and appropriate General Plan air quality mitigation measures
have either been incorporated into the design of the project or are included as
conditions of project approval. Operation-related emissions are considered
cumulatively significant because the project is located within a “non-attainment
basin”, therefore, the “Initial Study” checklist is marked “Potentially Significant
Impact”. This project is consistent with the General Plan, therefore, the preparation
of an EIR is not required because the certification of Final Master EIR 93-01, by City
Council Resolution No. 94-246, included a “Statement Of Overriding Considerations”
for air quality impacts. This “Statement Of Overriding Considerations” applies to all
subsequent projects covered by the General Plan’s Final Master EIR, including this
project, therefore, no further environmental review of air quality impacts is required.
This document is available at the Planning Department.
6. Transportation/Circulation: The implementation of subsequent projects that are
consistent with and included in the updated 1994 General Plan will result in increased
traffic volumes. Roadway segments will be adequate to accommodate buildout
11 Rev. 03f28f96
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traffic: however. 12 full and 2 partial intersections will be severely impacted by
regional through-traffic over which the City has no jurisdictional control. These
generally include all freeway interchange areas and major intersections along
Carlsbad Boulevard. Even with the implementation of roadway improvements. a
number of intersections are projected to fail the City’s adopted Growth Management
performance standards at buildout. To lessen or minimize the impact on circulation
associated with General Plan buildout. numerous mitigation measures have been
recommended in the Final Master EIR. These include measures to ensure the
provision of circulation facilities concurrent with need; 2) provisions to develop
alternative modes of transportation such as trails, bicycle routes. additional sidewalks.
pedestrian linkages, and commuter rail systems; and 3) participation in regional
circulation strategies when adopted. The diversion of regional through-traffic from a
failing Interstate or State Highway onto City streets creates impacts that are not
within the jurisdiction of the City to control. The applicable and appropriate General
Plan circulation mitigation measures have either been incorporated into the design of
the project or are included as conditions of project approval. Regional related
circulation impacts are considered cumulatively significant because of the failure of
intersections at buildout of the General Plan due to regional through-traffic. therefore.
the “Initial Study” checklist is marked “Potentially Significant Impact”. This project
is consistent with the General Plan, therefore, the preparation of an EIR is not
required because the recent certification of Final Master EIR 93-01, by City Council
Resolution No. 94-246, included a “Statement Of Overriding Considerations” for
circulation impacts. This “Statement Of Overriding Considerations” applies to all
subsequent projects covered by the General Plan’s Master EIR, including this project.
therefore, no further environmental review of circulation impacts is required.
Biological: The site, being void of significant vegetation and it’s current use as
a vehicle storage lot, does not have any biological significance.
12 Rev. 03/28/96 20
8. Items 8 through 15: Because the site is an infill project on an existing pregraded
pad with public services and utilities available to the site. there will not be any
significant impacts related to energy and mineral resources. hazards. noise. public
services. utilities and service systems, aesthetics. cultural resources or recreational
opportunities.
III. EARLIER ANALYSES USED
The following documents were used in the analysis of this project and are on file in the City of
Carlsbad Planning Department located at 2075 Las Palmas Drive, Carlsbad. California. 92009.
(760) 438-l 161. extension 4471.
1. Final Master Environmental Imuact Renort for the City of Carlsbad General Plan Update
(MEIR 93-Ol), dated March 1994, City of Carlsbad Planning Department.
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LIST OF MITIGATING MEASURES (IF APPLICABLE)
None
ATTACH MITIGATION MONITORING PROGRAM (IF APPLICABLE)
Not applicable
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APPLICANT CONCURRENCE WITH MITIGATION MEASURES
THIS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATING MEASURES AND
CONCUR WITH THE ADDITION OF THESE MEASURES TO THE PROJECT.
Date Signature
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PLANNING COMMISSION RESOLUTION NO. 4421
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF COASTAL DEVELOPMENT PERMIT
NUMBER CDP 98-37 FOR THE DEVELOPMENT OF AN
AUTOMOBILE DEALERSHIP ON PROPERTY GENERALLY
LOCATED ON CAR COUNTRY DRIVE IN LOCAL
FACILITIES MANAGEMENT ZONE 3.
CASE NAME: NISSAN NEW CAR DEALERSHIP
CASE NO.: CDP 98-37
WHEREAS, Saitama Nissan (USA) Corporation, “Developer”, has filed a
verified application with the City of Carlsbad regarding property owned by Robert Earl
Townsend and Marilyn Jane Townsend, Trustees of the Townsend Family Trust U/T/A/
Dated May 30,1988, “Owner”, described as
Lot 5 of Carlsbad Tract No. 87-3, in the City of Carlsbad,
County of San Diego, State of California, according to map
thereof No. 12242, filed in the office of County Recorder of San
Diego County, dated October 28,1988.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Coastal
Development Permit as shown on Exhibits “A” - “K”, dated December 2, 1998, on tile in the
Planning Department, NISSAN NEW CAR DEALERSHIP, CDP 98-37, as provided by
Chapter 21.201.040 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 2nd day of December, 1998,
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 CDP.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows: G=?#
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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 Commission
RECOMMENDS APPROVAL of NISSAN NEW CAR DEALERSHIP, CDP 98-
37, based on the following findings and subject to the following conditions:
FindinPs;
1. That the proposed development is in conformance with the Mello II segment of the
Certified Local Coastal Program and all applicable policies in that the development does
not obstruct public views of significant coastal resources and no agricultural
activities, sensitive coastal resources, geologic instability or coastal access
opportunities exist on or adjacent to the project site.
2. The project site is not located in the Coastal Agriculture Overlay Zone, according to
Map X of the Land Use Plan, certified September, 1980, and therefore is not subject
to the provisions of the Coastal Agriculture Overlay Zone (Chapter 21.202 of the
Zoning Ordinance).
3. 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 and Storm Water Quality Management Plan
and Grading Ordinance to avoid increased runoff and soil erosion, no steep slopes
exist on the property and the site is not located in areas prone to landslides,
susceptible or accelerated erosion, floods or liquefaction.
4. The project site 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).
5. The project is not located within the Mello I LCP Segment and is, therefore, not
subject to the provisions of that segments Coastal Resource Overlay Zone as
described in Chapter 21.205 of the Zoning Ordinance.
Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all corrections
and modifications to the document(s) necessary to make them internally consistent and in
conformity with final action on the project. Development shall occur substantially as
shown in the approved Exhibits. Any proposed development different from this
approval, shall require an amendment to this approval.
2. The applicant shall apply for and be issued building permits for this project within
two (2) years of approval or this coastal development permit will expire unless
extended per Section 21.201.210 of the Zoning Ordinance.
PC RESO NO. 4421 -2- =?<
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3. Approval of CDP 98-37 is granted subject to the approval of SDP 98-08. CDP 98-37 is
subject to all conditions contained in Planning Commission Resolution No. 4422 for
SDP 98-08.
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.
. . .
. . .
PC RESO NO. 4421 -3-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 2nd day of December, 1998, by the
following vote, to wit:
AYES: Chairperson Noble, Commissioners Compas, Heineman, Nielsen,
Savary, and Welshons
NOES:
ABSENT: Commissioner Monroy
ABSTAIN:
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RESO NO. 4421 -4- 27
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PLANNING COMMISSION RESOLUTION NO. 4422
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A SITE DEVELOPMENT PLAN SDP 98-08
FOR THE DEVELOPMENT OF AN AUTOMOBILE
DEALERSHIP ON PROPERTY GENERALLY LOCATED ON
CAR COUNTRY DRIVE IN LOCAL FACILITIES
MANAGEMENT ZONE 3.
CASE NAME: NISSAN NEW CAR DEALERSHIP
CASE NO.: SDP 98-08
WHEREAS, Saitama Nissan (USA) Corporation, “Developer”, has filed a
verified application with the City of Carlsbad regarding property owned by Robert Earl
Townsend and Marilyn Jane Townsend, Trustees of the Townsend Family Trust U/T/A/
Dated May 30,1988, “Owner”, described as
Lot 5 of Carlsbad Tract No. 87-3, in the City of Carlsbad,
County of San Diego, State of California, according to map
thereof No. 12242, filed in the office of County Recorder of San
Diego County, dated October 28,1988.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Site Development
Plan as shown on Exhibit(s) “A” - “K”, dated December 2, 1998, on file in the Planning
Department, NISSAN NEW CAR DEALERSHIP, SDP 98-08, as provided by Chapter 2 1.06
of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 2nd day of December, 1998,
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.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows: 28
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A) That the foregoing recitations are true and correct.
W That based on the evidence presented at the public hearing, the Planning
Commission RECOMMENDS APPROVAL of NISSAN NEW CAR
DEALERSHIP, SDP 98-08, based on the following findings and subject to the
following conditions:
Findinps;
1. 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 proposed land use is consistent with the General Plan
and the Car Country Specific Plan, all the buildings, parking areas, and driveways
within the project would meet C-2 zone and/or SP-19 City standards; the buildings
have architecture and materials compatible with the surrounding automobile
dealerships; and the buildings are set back a minimum of 25 feet from Car Country
Drive. In addition, the 1,252 ADT generated by the proposed land use are
consistent with the traffic level projections for car dealerships analyzed by the
MEIR. All feasible mitigation measures appropriate to the site have been
incorporated into the project design; no additional mitigation, in the form of
roadway improvements, is necessary.
2. That the site for the intended use is adequate in size and shape to accommodate the use, in
that the project meets all required City standards without the need for a variance
from those standards.
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 buildings comply with the setback and building
height standards of the Car Country Specific Plan (SP 19), the parking areas and
the perimeter of the site are landscaped with a combination of trees, shrubs, and
ground cover, and the project has an 8 foot high masonry screen wall around the
side and rear of the property.
4. That the street systems serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the site’s frontage improvements (sidewalks,
curbs, and gutters), adjacent public roadways, and the intersections near the project
site have all been sized and constructed to meet the land use demand. The project
site has good on-site circulation with one driveway that connects to Car Country
Drive.
5. The Planning Commission finds that the project, as conditioned herein for SDP 98-08,
is in conformance with the Elements of the City’s General Plan, based on the following:
PC PESO NO. 4422 -2- 49
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A. Land Use - the site is designated for regional commercial uses such as an
automobile dealership.
B. Circulation - all the necessary frontage and street improvements have been
constructed.
C. Housing - the project is conditioned to pay, if adopted, a non-residential
housing impact fee (linkage fee).
D. Public Safety - the project will comply with the Fire Code, Uniform Building
Code, and State seismic standards.
6. The project is consistent with the City-Wide Facilities and Improvements Plan, the
applicable local facilities management plan and all City public facility policies and
ordinances since:
A. The project has been conditioned to ensure the building permits will not be issued
for the project unless the District Engineer determines that sewer service is
available, and building cannot occur within the project unless sewer service
remains available, and the District Engineer is satisfied that the requirements of
the Public Facilities Element of the General Plan have been met insofar as they
apply to sewer service for this project.
B. All necessary public improvements have been provided or are required as
conditions of approval.
C. The Developer has agreed and is required by the inclusion of an appropriate
condition to pay a public facilities fee. Performance of that contract and payment
of the fee will enable this body to find that public facilities will be available
concurrent with need as required by the General Plan.
7. The project has been conditioned to pay any increase in public facility fee, or new
construction tax, or development fees, and has agreed to abide by any additional
requirements established by a Local Facilities Management Plan prepared pursuant to
Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of
public facilities and will mitigate any cumulative impacts created by the project.
8. This project has been conditioned to comply with any requirement approved as part of the
Local Facilities Management Plan for Zone 3.
9. The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed
to mitigate impacts cause 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.
PC RESO NO. 4422 -3- 30
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Conditions:
1.
2.
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4.
5.
6.
7.
8.
Staff is authorized and directed to make, or require Developer to make, all corrections
and modifications to the Site Development Plan document(s) necessary to make them
internally consistent and in conformity with final action on the project. Development
shall occur substantially as shown in the approved Exhibits. Any proposed development
different from this approval, shall require an amendment to this approval.
Approval of SDP 98-08 is granted subject to the approval of CDP 98-37. SDP 98-08 is
subject to all conditions contained in Planning Commission Resolution No. 4422 for
CDP 98-37.
The Developer shall comply with all applicable provisions of federal, state, and local
ordinances in effect at the time of building permit issuance.
The Developer shall provide the City with a reproducible 24” x 36” mylar copy of the
Site Plan as approved by the final decision making body. The Site Plan shall reflect the
conditions of approval by the City. The Site Plan copy shall be submitted to the City
Engineer and approved prior to building, grading, final map, or improvement plan
submittal, whichever occurs first.
The Developer shall include, as part of the plans submitted for any permit plan check, a
reduced legible version of the approving resolutions on a 24” x 36” blueline drawing.
Said blueline drawings shall also include a copy of any applicable Coastal Development
Permit and signed approved site plan.
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.
The Developer shall pay the public facilities fee adopted by the City Council on July 28,
1987, (amended July 2, 1991) and as amended from time to time, and any development
fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad Municipal
Code or other ordinance adopted to implement a growth management system or Facilities
and Improvement Plan and to mlfill the subdivider’s agreement to pay the public
facilities fee dated July 1, 1998, a copy of which is on file with the City Clerk and is
incorporated by this reference. If the fees are not paid, this application will not be
consistent with the General Plan and approval for this project will be void.
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, including but not limited to the
payment of traffic impact fees.
PC RESO NO. 4422 -4- ?/
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Prior to the issuance of the building or grading permit, whichever occurs first,
Developer shall submit to the City a Notice of Restriction to be filed in the office of the
County Recorder, subject to the satisfaction of the Planning Director, notifying all
interested parties and successors in interest that the City of Carlsbad has issued a Site
Development Plan by Resolution No. 4422 on the real property owned by the Developer.
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
Planning Director 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.
Trash receptacle areas shall be enclosed by a six-foot high masonry wall with gates
pursuant to City standards. Location of said receptacles shall be approved by the
Planning Director. Enclosure shall be of similar colors and/or materials to the project to
the satisfaction of the Planning Director. All trash receptacles shall comply with the
design requirements of Specific Plan 19.
An exterior lighting plan including parking areas shall be submitted for Planning Director
approval. All lighting shall be designed to reflect downward and avoid any impacts on
adjacent homes or property. The lighting plan shall comply with all the requirements
of Specific Plan 19.
No outdoor storage of materials shall occur onsite unless required by the Fire Chief. In
such instance a storage plan will be submitted for approval by the Fire Chief and the
Planning Director.
The Developer shall prepare a detailed landscape and irrigation plan in conformance with
the approved Preliminary Landscape Plan and the City’s Landscape Manual. The plans
shall be submitted to and approval obtained from the Planning Director prior to the
approval of the final map, grading permit, or building permit, whichever occurs first. The
Developer shall construct and install all landscaping as shown on the approved plans, and
maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and
debris.
The first submittal of detailed landscape and irrigation plans shall be accompanied by the
project’s building, improvement, and grading plans.
Building identification and/or addresses shall be placed on all new and existing buildings
so as to be plainly visible from the street or access road; color of identification and/or
addresses shall contrast to their background color.
The developer is aware that the City is preparing a non-residential housing impact fee
(linkage fee) consistent with Program 4.1 of the Housing Element. The applicant is
further aware that the City may determine that certain non-residential projects may have
3-t PC RESO NO. 4422 -5- 03-f
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to pay a linkage fee, in order to be found consistent with the Housing Element of the
General Plan. If a linkage fee is established by City Council ordinance and/or resolution
and this project becomes subject to a linkage fee pursuant to said ordinance and/or
resolution, then the Developer, or his/her/their successor(s) in interest shall pay the
linkage fee. The linkage fee shall be paid at the time of issuance of building permits,
except for projects involving a request for a non-residential planned development for an
existing development, in which case, the fee shall be paid on approval of the final map,
parcel map or certificate of compliance, required to process the non-residential PUD,
whichever pertains. If linkage fees are required for this project, and they are not paid, this
project will not be consistent with the General Plan and approval for this project will
become null and void.
17. 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.
18. The Developer shall provide proof of payment of statutory school fees to mitigate
conditions of overcrowding as part of the building permit application. The amount of
these fees shall be determined by the fee schedule in effect at the time of building permit
application.
Ewineering;
19. Prior to hauling dirt or construction materials to or from any proposed construction site
within this project, the developer shall submit to and receive approval from the City
Engineer for the proposed haul route. The developer shall comply with all conditions and
requirements the City Engineer may impose with regards to the hauling operation.
20. Prior to issuance of any building permit, the developer shall comply with the
requirements of the City’s anti-graffiti program for wall treatments if and when such a
program is formally established by the City.
21. The developer shall pay all current fees and deposits required.
22. The owner of the subject property shall execute an agreement holding the City harmless
regarding drainage across the adjacent property.
23. Prior to approval of any grading or building permits for this project, the owner shall give
written consent to the annexation of the area shown within the boundaries of the
subdivision plan into the existing City of Carlsbad Street Lighting and Landscaping
District No. 1 on a form provided by the City.
24. The developer shall comply with the City’s requirements of the National Pollutant
Discharge Elimination System (NPDES) permit. The developer shall provide best
management practices as referenced in the “California Storm Water Best Management
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Practices Handbook” to reduce surface pollutants to an acceptable level prior to discharge
to sensitive areas. Plans for such improvements shall be approved by the City Engineer.
Said plans shall include but not be limited to notifying prospective owners and tenants of
the following:
A. All owners and tenants shall coordinate efforts to establish or work with
established disposal programs to remove and properly dispose of toxic and
hazardous waste products.
B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil,
antifreeze, solvents, paints, paint thinners, wood preservatives, and other
such fluids shall not be discharged into any street, public or private, or into
storm drain or storm water conveyance systems. Use and disposal of
pesticides, fungicides, herbicides, insecticides, fertilizers and other such
chemical treatments shall meet Federal, State, County and City
requirements as prescribed in their respective containers.
C. Best Management Practices shall be used to eliminate or reduce surface
pollutants when planning any changes to the landscaping and surface
improvements.
25. The structural section for the access aisles must be designed 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. The structural pavement design of the aisle ways shall be
submitted together with required R-value soil test information and approved by the City
as part of the building site plan review.
26. The developer shall install sidewalks along all public streets abutting the project in
conformance with City of Carlsbad Standards prior to occupancy of any buildings.
Water;
27. The Developer shall be responsible for all fees, deposits and charges which will be
collected before and/or at the time of issuance of the building permit. The San Diego
County Water Authority capacity charge will be collected at issuance of application for
any meter installation.
28. The Developer shall provide detailed information to the District Engineer regarding water
demand, irrigation demand, fire flow demand in gallons per minute, and projected sewer
flow in million gallons per day.
29. The entire potable water system, recycled water system and sewer system shall be
evaluated in detail by Developer and District Engineer to ensure that adequate capacity,
pressure and flow demands can be met.
PC RESO NO. 4422 -7- 34
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30. All District pipelines, pump stations, pressure reducing stations and appurtenances
required for this project by the District shall be within public right-of way or within
easements granted to the District or the City of Carlsbad.
31. Sequentially, the Developer’s Engineer shall do the following:
A. Meet with the City Fire Marshal and establish the fire protection requirements.
B. Prepare and submit a colored recycled water use area map and submit this map to
the Planning Department for processing and approval by the District Engineer.
C. Prior to the preparation of sewer, water and recycled water improvement plans,
the Developer shall submit preliminary system layouts to the District Engineer for
review, comment and approval.
32. A public fire flow system shall be required for this industrial or commercial development,
and it shall be constructed as a looped pipeline system.
33. All potable water and recycled water meters shall be placed within public right of way.
Fire:
34. Prior to final inspection, all security gate systems controlling vehicular access shall
be equipped with a “Knox” key-operated emergency entry device. Applicant shall
contact the Fire Prevention Bureau for a specifications and approvals prior to
installation.
35. Vehicles shall be prohibited from parking in, or in front of, access driveways at any
time.
General Conditions:
36. If any of the foregoing 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; 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 plan.
PC BESO NO. 4422 -8- 35-
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Code Reminders:
The Developer shall pay a landscape plan check and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
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.
The project shall comply with the latest non-residential disabled access requirements
pursuant to Title 24 of the State Building Code.
The developer shall exercise special care during the construction phase of this project to
prevent offsite siltation. Planting and erosion control shall be provided in accordance
with the Carlsbad Municipal Code and the City Engineer.
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.
All landscape and irrigation plans shall be prepared to conform with the Landscape
Manual and submitted per the landscape plan check procedures on file in the Planning
Department.
Any signs proposed for this development shall at a minimum be designed in conformance
with the City’s Sign Ordinance and shall require review and approval of the Planning
Director prior to installation of such signs.
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.
PC RESO NO. 4422 -9- 36
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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 the 2nd day of December, 1998, by the
’ following vote, to wit:
AYES: Chairperson Noble, Commissioners Compas, Heineman, Nielsen,
Savary, and Welshons
NOES:
ABSENT: Commissioner Monroy
ABSTAIN:
BAILEY NOB@, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HYLZHLER
-Planning Director
PC RESO NO. 4422 -lO- 37
- EXNfm= 4
The City of Carlsbad Planning Department
A REPORT TO THE PLANNING COMMISSION
Item No. 5 0
Application complete date: August 6, 1998
P.C. AGENDA OF: December 2, 1998 Project Planner: Van Lynch
Project Engtieer: Frank Jimeno
SUBJECT: D - 3 - Request for a DP9- -N
Negative Declaration, Site Development Plan and Coastal Development Permit
for the construction of an automobile dealership on property generally located in
the northwest quadrant of the city, west of Car Country Drive, south of Cannon
Road and north of Paseo De1 Norte, in the Car Country Specific Plan in Local
Facilities Management Zone 3.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 4420,
RECOMMENDING APPROVAL of a Negative Declaration issued by the Planning Director
and Planning Commission Resolutions No. 4422 and 4421 RECOMMENDING APPROVAL
of Site Development Plan 98-08 and Coastal Development Permit 98-37, based upon the findings
and subject to the conditions contained therein.
II. JNTRODUCTION
This proposal consists of developing Lot 5 of the Car Country Expansion Specific Plan with a
single-story, automobile display and administrative building and a IO-bay service building
totaling 10,785 square feet. The previously graded project site has improved street frontage and
will take access from Car Country Drive. The Site Development Plan is a requirement of the Car
Country Expansion Specific Plan (SP 19F) and the Qualified Development Overlay Zone, and the
Coastal Development Permit is needed for development in the Coastal Zone. Due to City
Council Urgency Ordinance NS-24, the project must be reviewed by the Planning Commission
and approved by City Council. The proposed project will not have a significant impact to the
environment and a negative declaration was issued for the subject site. The project conforms to
all applicable regulations and staff has no project issues.
III. PROJECT DESCRIPTION AND BACKGROUND
Saitama Nissan (USA) Corporation is requesting approval of a Site Development Plan and
Coastal Development Permit to construct a 5,063 square foot automobile display, an
administrative building and a 5,722 square foot service building that will have 10 service bays.
The display building is placed in the center of the lot 91 feet from the right-of-way, where 25 feet
is the minimum, and a 60 foot distance from the side property lines where 10 feet is the
- h
SDP 98-08 / CDP 98-37 & NISSAN NEW CAR DEALERSHIP
December 2,1998
minimum required. The lo-bay service building is placed at the rear of the lot. The rear yard is
93 feet. The specific plan does not have a rear yard setback requirement.
The display building is 22 feet, 8 inches tall with two architectural features in the front of the
building projecting up to 27 feet, 6 inches. The building has a variety of architectural
projections, large window openings and arched entries. The facade has a beige stucco finish
which conforms to the color specified in the specific plan. The roof will be a red barrel shaped
tile. These treatments will be compatible with the existing Spanish motif of Car Country. The
service building will have a flat roof and will be 21 feet tall. There are 10 service bays, five per
side, with roll-up metal doors. The northerly portion of the service building will house support
facilities such as a parts counter, parts boutique, parts storage area, bathrooms and managers
office. This portion will have a pitched tile roof and will be 30 feet tall to the peak of the roof.
A total of 56 parking spaces are provided where 49 are required. There are an additional 99
parking spaces for inventory. An outdoor lunch area is provided at the southwest comer of the
display building. A slump stone screen wall is proposed for the rear third of the lot. This
conforms with the fencing requirement of the specific plan.
The site is a 1.83 acre pre-graded pad which gently slopes from Car Country Drive downward to
the west. The site is currently being used by the northerly adjacent automobile dealership for
vehicle storage. The southerly adjacent lot is vacant. To the west, separated by a 25 foot 2:l
down slope, is an existing automobile dealership. The property has a General Plan Land Use
designation of Regional Commercial (R) and is Zoned General Commercial with a Qualified
Development Overly Zone (C-2-Q). The project is within the Car Country Expansion Specific
Plan No. 19(F) which was approved by City Council on December 15, 1987.
The proposal is subject to the following regulations:
A. Regional Commercial (R) General Plan Land Use Designation;
B. City Council Urgency Ordinance NS-24;
C. Car Country Expansion Specific Plan (SP19F);
D. Local Coastal Program (Mello II and the implementing ordinances); and
E. Local Facilities Management Plan Zone 3.
IV. ANALYSIS
The recommendation for approval of this project was developed by analyzing the project’s
consistency with the applicable policies and regulations listed above. The following analysis
section discusses compliance with each of these regulations/policies utilizing both text and
tables.
39
SDP 98-08 / CDP 98-37 & NISSAN NEW CAR DEALERSHIP
December 2, 1998
A. General Plan
The General Plan designation of this property is Regional Commercial (R). The R designation
allows regional commercial centers that provide shopping goods, general merchandise,
automobile sales and service, apparel, furniture, and home furnishings. The proposed land use
consists of automobile sales and service targeted for a regional market, therefore, the use is
consistent with the R General Plan designation. The project complies with the applicable
elements of the General Plan as illustrated in Table A below.
Table A - GENERAL PLAN COMPLIANCE
ELEMENT
Land Use
Housing
‘ublic Safety
Circulation
USE, CLASSIFICATION, GOAL
OBJECTIVE OR PROGRAM
Regional Commercial designation
Potential housing linkage fee
pending further study
Requires pedestrian, fire, structural,
geotechnical, and flood safety
Requires provisions of adequate
roadways and intersections and safe
access to the project site
PROPOSED USES &
IMPROVEMENTS
Automobile sales and
service
Project has been
conditioned to pay linkage
fee pending fee adoption
The lot is graded to
engineering standards and
all public sidewalks,
curbs, gutters, fire
hydrants, street lights, and
drainage and sewer
facilities have been
provided to service the lot.
All buildings must meet
Fire Code and UBC
standards prior to issuance
of a building permit
All public streets and
intersections in the project
area have been constructed
and the project’s one
driveway leading to Car
Country Drive meet
separation and sight
distance standards
B. City Council Urgency Ordinance NS-24
COMPLY?
Yes
Yes
Yes
Yes
The urgency ordinance was recently extended by City Council and it applies to commercial
projects located in a specified area around the Carlsbad Ranch/Leg0 Specific Plan. This project
is within the boundaries of the urgency ordinance. Therefore, the project must be forwarded on
to City Council for final approval where the Planning Commission would have otherwise been
SDP 98-08 / CDP 98-37 &z NISSAN NEW CAR DEALERSHIP
December 2,1998
the final decision-maker. The necessary reports and resolutions have all been written to reflect
this requirement and the Planning Commission will make a recommendation to the City Council.
C. Car Country Expansion Specific Plan
The Car Country Expansion Specific Plan establishes the permitted uses for the site as well as
the project development standards and Site Development Plan application requirement. The
project complies with the requirements of the specific plan. The permitted uses for the project
site include motor vehicle dealerships for the retail sales, leasing, renting and servicing of new
and used automobiles and other motor vehicles. The proposed uses are identical to those listed
as permitted uses in the specific plan.
The development standards and their compliance are summarized in the table below:
STANDARD
Land Use
Building Coverage
Building Height
Architecture and Materials
Building setbacks:
Front
Side yard
Rear
Parking:
Sales
Service
REQUIRED PROPOSED
Retail sales, leasing, renting, Retail sales, leasing, renting
and servicing of new and used and servicing of new and used
automobiles and other motor vehicles
vehicles
25 percent 13.6 percent
30 feet and two story 28 feet and one story
Spanish motif with tile roof, Spanish motif with tile roof,
stucco and slump block walls stucco and slump block walls
25 feet 91 feet
10 feet 38 feet
None specified 93 feet
1 Space per 400 sf - 13 spaces 13 spaces with 99 spaces for
inventory
4 spaces per 1st 3 bays, 2 per
each remaining bay - 24 24 spaces
spaces required
Customer/employee
Loading
Outdoor Lighting
Fencing/screening
Roof equipment
Satisfaction of the Planning 19 spaces
Director
Not allowed in front or side Loading areas not located in
yard setbacks setbacks
Metallic vapor and quartz Conditioned to comply with
variety with maximum 100 ft Specific Plan standards
candles and 90 % angle on 20
ft pole
Spanish Motiflmasonry Slump stone block wall
Screened from view Roof equipment located
behind roof parapet
SDP 98-08 / CDP 98-37 B NISSAN NEW CAR DEALERSHIP
December 2, 1998
Page 5
Driveway location Located per Specific Plan
Employee eating area 647 square feet
Existing driveway located per
Specific Plan
877 square feet
D. Mello II Segment of the Carlsbad LCP
The project site lies within the Mello II segment of the City’s Coastal Zone and is subject to the
corresponding land use policies and implementing ordinances. These policies and ordinances
emphasize such topics as preservation of agriculture and scenic resources, protection of
environmentally sensitive resources, provision of shoreline access and prevention of geologic
instability and erosion. The previously graded site is currently undeveloped, contains no native
vegetation, and no agricultural activities or prime agricultural lands exist on the property.
The grading proposed on the project site must conform to all City of Carlsbad Engineering
Standards, therefore precluding any impacts from on-site or off-site erosion. The project site is
not situated near the coast line, therefore no public access is required across the site. There are
no significant impacts to scenic resources in that the development of the site will not negatively
impact coastal views. The proposed single story buildings will not significantly obstruct views
or otherwise damage the visual beauty of the area. Therefore, the auto dealership project is
consistent with the Mello II land use policies and the applicable implementing ordinances.
E. Growth Management
The proposed project is located within Local Facilities Management Zone 3 in the northwest
quadrant of the City. The impacts on public facilities created by the project, and its compliance
with the adopted performance standards, are summarized in the Table below.
GROWTH MANAGEMENT COMPLIANCE
SDP 98-08 / CDP 98-37 & NISSAN NEW CAR DEALERSHIP
December 2, 1998
V. ENVIRONMENTAL REVIEW
The initial study (EIA-Part II) prepared in conjunction with this project, determined that the
project would not have a significant impact on the environment. The project is considered an
infill type of development that is consistent with the General Plan and zoning. The project falls
within the scope of the City’s MEIR for the City of Carlsbad General Plan update (EIR 93-01)
certified in September, 1994, in which a Statement of Overriding Considerations was adopted for
cumulative impacts to air quality and traffic. An average daily trip (ADT) rate of 1,252 trips
would be generated by the proposed project. This ADT is consistent with the generation rate
analyzed for the site in the MEIR. All feasible mitigation measures identified by the MEIR
which are appropriate to this project have been incorporated into the site design. No additional
mitigation measures in the form of roadway improvements are necessary. The project site has
also been disturbed by authorized grading. The surrounding properties are developed with
dealerships and commercial land uses and all the support utilities and service infrastructure has
.been constructed. Please see the Environmental Assessment Form-Part II for a detailed
description of the justification to recommend approval of the Negative Declaration. In
consideration of the foregoing, on August 8, 1998 the Planning Director issued a Negative
Declaration for the proposed project. The environmental document was noticed in the newspaper
and no public comments were received during the 30 day public review and comment period.
ATTACHMENTS:
1.
2.
3.
4.
5.
6.
7.
8.
9.
Planning Commission Resolution No. 4420 (Negative Declaration)
Planning Commission Resolution No. 4422 (SDP 98-08)
Planning Commission Resolution No. 4421 (CDP 98-37)
Location Map
Background Data Sheet
Local Facilities Impact Assessment Form
Disclosure Statement
Reduced Exhibits
Full Size Exhibits “A” - “K” dated December 2, 1998
VLxh
-
ND DATA SHEET
CASE NO: SDP 98-08KDP 98-37
CASE NAME: NISSAN NEW CAR DEAT ERSHIP
APPLICANT: Saitama Nissan (USA) Corporation
REQUEST AND LOCATION: New car dealership located on lot 5 of Car Country Expansion.
LEGAL DESCRIPTION: t 5 of Carlsbad Tract No. 87-3. in the City of Carlsbad, Lo
Countv of San Diego. State of California. accordine to man thereof No. 12242. filed in the office
; f r r
APN: 2 1 l-080-05 Acres: 1.83 Proposed No. of Lots/Units: N/A
GENERAL PLAN AND ZONING
Land Use Designation: Regi onal
Density Allowed: N/A Density Proposed: N/A
Existing Zone: C-2-O Proposed Zone: C-2-Q
Surrounding Zoning and Land Use: (See attached for information on Carlsbad’s Zoning
Requirements)
General Plan I Land Use
Site ) C-2-Q 1 Regional Commercial 1 Vacant
North 1 C-2-Q 1 Regional Commercial 1 Car Dealer
South 1 C-2-Q 1 Regional Commercial 1 Vacant
East 1 Open Space 1 Open Space Agriculture
West I C-2 I Regional Commercial 1 Car Dealer
PUBLIC FACILITXES
School District: Carlsbad Water District: Carlsbad Sewer District: Encina
Equivalent Dwelling Units (Sewer Capacity): 6
Public Facilities Fee Agreement, dated: July 1. 1998
ENVIRONMENTAL IMPACT ASSESSMENT
El Negative Declaration, issued August 8. 1998
cl Certified Environmental Impact Report, dated
n Other,
- -
CITY OF CARLSBAD
GROWTH MANAGEMENT PROGRAM
LOCAL FACILITIES IMPACTS ASSESSMENT FORM
(To be Submitted with Development Application)
PROJECT IDENTITY AND IMPACT ASSESSMENT:
FILE NAME AND NO: Nissan New Car Dealership - SDP 98-08/CDP 98-37
LOCAL FACILITY MANAGEMENT ZONE: 1 GENERAL PLAN: &$onal Corn.
ZONING: C-2-Q
DEVELOPER’S NAME: Saitama Nissan (USA) Corp.
ADDRESS: 4670 Convoy Street. San Diego CA 92111
PHONE NO.: (619) 573-170Q ASSESSOR’S PARCEL NO.: 21 l-080-05
QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 79.596 SQ. FT.
ESTIMATED COMPLETION DATE: N/A
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
K.
City Administrative Facilities: Demand in Square Footage =
Library: Demand in Square Footage =
Wastewater Treatment Capacity (Calculate with J. Sewer)
Park: Demand in Acreage =
Drainage: Demand in CFS =
Identify Drainage Basin =
(Identify master plan facilities on site plan)
Circulation: Demand in ADT =
(Identify Trip Distribution on site plan)
Fire: Served by Fire Station No. =
Open Space: Acreage Provided =
Schools:
(Demands to be determined by staff)
Sewer: Demands in EDU =
Identify Sub Basin =
(Identify trunk line(s) impacted on site plan)
Water: Demand in GPD =
N/A
NJ4
N/A
N/A
NJ/A
1.252
NIA
N/A
6
B
14.570
DISCLOSURE STATEMENT
Applicant’s statement or disclosure of certain ownership interests on all applications which will require
discretionary action on the part of the City Council or any appointed Board, Commission or Committee.
The following information MUST be disclosed at the time of application submittal. Your project cannot
be reviewed until this information is completed. Please print.
Note:
Person is defined as “Any individual, .5rrn, co-part&ship; $5mt ,venm. association, social club, fraternal organization, corporation, estate,. trust, receiver--syndicate, ln this andany other.county, city and county, city
municipality, district or other political subdivision or any other group orcombin@on acting as a unit.”
Agents may sign this document; however, the legal name and entity ,of the-applicant and property owner must be provided below.
1. APPLICANT (Not the applicant’s agent)
Provide the COMPLETE, LEGAL names and addresses of & persons having a financial
interest in the application. If the applicant includes a cornoration or uartnershie, include the
names, title, addresses of all individuals owning more than 10% of the shares. IF NO
INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-
APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-owned cornoration, include the
names, titles, and addresses of the corporate offkers. (A separate page may be attached if
necessary.)
Person Akito Irivama Carp/Part Saitama Nissan (USA) Corp.
Title President Title John Preston, Secretary
Address P.O. BOX 9433 Address 4670 Convoy Street Ranch0 Sante Fe, CA 92067 San Diego, CA 92111
2. OWNER (Not the owner’s agent)
Provide the COMPLETE, LEGAL names and addresses of & persons having any ownership
interest in the property involved. Also, provide the nature of the legal ownership (i.e,
partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a
corporation or uartnershin, include the names, title, addresses of all individuals owning more
than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES,
PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-
owned cornoration, include the names, titles, and addresses of the corporate officers. (A separate
page may be attached if necessary.)
Person Robert E. Townsend
Title Trustee
Address 5434 Paseo De1 Norte
Carlsbad, CA 92008
Carp/Part Townsend Family TrustU/TfA
wed May 30, 1988 Title ’
Address 5434 Paseo De1 Norte
Carlsbad, CA 92008
2075 Las Palmas Dr. * Cartsbad, CA 92009-l 576 - (760) 438-11610 FAX (760) 438-0894 %a
i .
3. NON-PROFIT C- .kNIZATION OR TRUST
If any person identrfled pursuant to (I ) or (2) above is a nonnrofit organimtion or a trust, ] jst the
names and addresses of ANY person serving as an officer or director of the non-profit
organization or as trustee or beneficiary of the.
Nonprofit/Trust Townsend Family Trust Townsend Family Trust i N onProfjt/Trust
Tjt]e Robert E. Townsend, Trustee Title Marilyn J. Townsend, Trustee
Address 5434 PaSeO De1 Norte Address 5434 Paseo De1 Norte
Carlsbad, CA 92008 Carlsbad, CA 92008
4. Have you had more than $250 worth of business transacted with any member of City staff,
Boards, Commissions, Committees and/or Council within the past twelve (12) months?
cl Yes 0 x No If yes, please indicate person(s):
NOTE: Attach additional sheets if necessary.
I certify that all the above information is true and correct to the best of my knowledge.
Robert E. Townsend. Trust= Akito Iriyama, President
Print or type name of owner Print or type name of applicant
nt if applicable/date
3ohn Preston. Secretarv
Print or type name of owner/applicant’s agent
H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5198 Page 2 of 2 47
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.- EXHIBIT 5
5. SDP 98-08lCDP 98 37 - w NISSAN NEW CAR DEALERSH IP - Request for approval of a Negative
Declaration, Site Development Plan and Coastal Development Permit for the construction of an
automobile dealership on property generally located in the northwest quadrant of the City, west of
Car Country Drive, south of Cannon Road and north of Paseo del Norte, in the Car Country
Specific Plan in Local Facilities Management Zone 3.
Chairperson Noble announced that the Commission’s action on this item is not final and will be forwarded
to the City Council for its consideration.
Chairperson Noble stated that the applicant has the right to be heard by a full Commission and asked the
applicant if he was willing to have this item continue with the six Commissioners present.
The applicant agreed to have this item heard by the six Commissioners present.
Assistant Planning Director, Gary Wayne, introduced this item and stated that the staff report would be
given by Assistant Planner, Van Lynch.
Project Planner, Van Lynch presented the staff report and described the project as follows: This is a
request for a Site Development Plan and Coastal Development Permit for the construction of a Nissan
automobile dealership. Nissan is the corporate name and the actual name of the dealership will be Infiniti.
The site is located on Lot 5 of the Car Country Expansion Specific Plan. The project conforms to the
development standards of the Car Country Expansion Specific Plan and the Land Use Policies for Coastal
compliance. Because this project is located within the City Council Urgency Ordinance No. 24 area, which
covers Carlsbad Ranch and some of the surrounding commercial areas, the Commission’s action will be
to recommend approval of the project to the City Council. Staff recommends that the Planning
Commission adopt Resolution No. 4420, (Negative Declaration), and Resolutions No. 4421 and 4422 (the
Site Development Plan and Coastal Development Permit respectively).
Commissioner Compas asked if this lnfiniti dealership will be located immediately adjacent to the current
lnfiniti dealership.
Mr. Lynch replied that this Infiniti dealership we, in fact, be right next door to the existing lnfiniti dealership.
Commissioner Compas asked if there will be any cross access other than by the street access.
Mr. Lynch replied that there will be no other cross access except by the street access.
Chairperson Noble opened Public Testimony and offered the invitation to speak. See no one wishing to
testify, Chairperson Noble closed Public Testimony.
ACTION: Motion by Commissioner Compas, and duly seconded, to adopt Planning
Commission Resolution No. 4420, recommending approval of a Negative
Declaration issued by the Planning Director and Planning Commission
Resolutions No. 4422 and 4421, recommending approval of Site Development
-
PLANNING COMMISSION December 2, 1998 Page 7
Plan 98-08 and Coastal Development Plan 98-37, based upon the findings and
subject to the conditions contained therein.
VOTE:
AYES:
NOES:
ABSTAIN:
6-O
Noble, Heineman, Savary, Welshons, Compas, and Nielsen
None
None
C
M
c
SD COUNTY PLANNING CITY OF ENCINITAS
STE B 505 S VULCAN AVE
5201 RUFFIN RD ENCINITAS CA 92024
SAN DIEGO CA 92123
CITY OF OCEANSIDE CITY OF VISTA
300 NORTH COAST HWY PO BOX 1988
OCEANSIDE CA 92054 VISTA CA 92085
REGIONAL WATER QUALITY SANDAG
STE B STE 800
9771 CLAIREMONT MESA BLVD 401 B STREET
SAN DIEGO CA 92124-1331 SAN DIEGO CA 92101
AIR POLLUTION CNTRL DIST U.S. FISH & WILDLIFE
9150 CHESAPEAKE DR 2730 LOKER AVE WEST
SAN DIEGO CA 92123 CARLSBAD CA 92008
CITY OF SAN MARCOS
1 CIVIC CENTER DR
SAN MARCOS CA 92069-2949
CALIF DEPT OF FISH & GAME
STE 50
330 GOLDENSHORE
LONG BEACH CA 90802
LAFCO
1600 PACIFIC HWY
SAN DIEGO CA 92101
I.P.U.A. SCHOOL OF PUBLIC ADMIN AND
URBAN STUDIES
SAN DIEGO STATE UNIVERSITY
SAN DIEGO CA 92182-4505
CA COASTAL COMMISSION
STE 100
3111 CAMINO DEL RIO NO
SAN DIEGO CA 92108
(A&E ADDRESS - For City
Council Notices Only)
CITY OF CARLSBAD
PUBLIC WORKS/ENGINEERING DEPT
CITY OF CARLSBAD PUBLIC WORKS/COMMUNITY
SERVICES
CITY OF CARLSBAD MUNICIPAL WATER DISTRICT
PROJECT PLANNER
VAN LYNCH
CARLSBAD RANCH CO
5600 AVENIDA ENCINAS 100 CARLSBAD CA 92008
FINNEY JAMES B
5445 PASEO DEL NORTE CARLSBAD CA 92008
SHARP 5411 AVENIDA ENCINAS 120
CARLSBAD CA 92008
ROBERT E & MARILYN TOWNSEND
588 CAMINO DEL RIO N
SAN DIEGO CA 92108
HOEHN ASSOCIATES
5566 PASEO DEL NORTE
CARLSBAD CA 92008
'DIRTTA INVESTMENTS
PO BOX 91940
PASADENA CA 91109
TOWNSEND 588 CAMINO DEL RIO N
SAN DIEGO CA 92108
HOEHN ASSOCIATES II
5566 PASEO DEL NORTE CARLSBAD CA 92008
AR0 PARTNERS 1015 CHESTNUT AVE A3 CARLSBAD CA 92008
CHARLES B & PATRICIA WESELOH
1520 HUNSAKER ST OCEANSIDE CA 92054
JONES 5424 PASEO DEL NORTE CARLSBAD CA 92008
JONES
5444 PASEO DEL NORTE
CARLSBAD CA 92008
TOWNSEND
5434 PASEO DEL NORTE CARLSBAD CA 92008
CHRYSLER REALTY CORP
800 CHRYSLER DR
AUBURN HILLS MI 48326
CARLPLAZ 5600 AVENIDA ENCINAS 100 CARLSBAD CA 92008
*** 16 Printed ***
OCCUPANT
5424 PASEO DEL NORTE
CARLSBAD CA 92008
OCCUPANT
5444 PASEO DEL NORTE
CARLSBAD CA 92008
*** 4 Printed ***
JOHN PRESTON SAITAMA NISSAN USA CORP 4670 CONVOY ST
SAN DIEGO CA 92111
OCCUPANT 5434 PASEO DEL NORTE CARLSBAD CA 92008
OCCUPANT 5215 CAR COUNTRY DR CARLSBAD CA 92008
CHARLES YOUNG IV STE A 110 COPPERWOOD WY
OCEANSIDE CA 92054
NOTICE OF PUBLIC HEARING SDP 9%09/CDP 98-37
COMPLETE DATE: August 6,1998
DESCRIPTION:
To consider a request for approval of a Negative Declaration, Site Development Plan, and Coastal
Development Permit for a new car dealership with a single story, automobile display and administrative
building, and a 10 bay service building, totaling 10,785 square feet.
LOCATION: This project is within the City of Carlsbad’s Coastal Zone, located in the northwest quadrant of the city
west of Car Country Drive, south of Cannon Road, and north of Paseo De1 Norte, in the Car Country
Specific Plan, in Local Facilities Management Zone 3.
ASSESSOR’S PARCEL NUMBER:
21 l-080-05
APPLICANT:
Saitama Nissan
4670 Convoy
San Diego, CA 92111
A public hearing on the above proposed project will be held by the City Council, in the Council Chambers, 1200
Carlsbad Village Drive, Carlsbad, California, on Tuesday, January 19, 1999, at 6:00 p.m.
Persons are cordially invited to attend the public hearing and provide the decision makers with any oral or written
comments they may have regarding the project. The project will be described and a staff recommendation given,
followed by public testimony, questions and a decision. Copies of the staff report will be available on or after
January 15, 1999.
If you have any questions, or would like to be notified of the decision, please contact Van Lynch at the City of
Carlsbad Planning Department, Monday through Thursday 7:30 a.m. to 5:30 p.m., Friday 8:00 a.m. to 5:00 p.m., at
2075 Las Palmas Drive, Carlsbad, California 92009, (760) 438-l 161, extension 4447.
APPEALS
If you challenge the Negative Declaration, Site Development Permit, and/or Coastal Development Permit in court, you may be limited to raising only those issues raised by you or someone else at the public hearing described in
this notice, or in written correspondence delivered to the City of Carlsbad City Clerk’s Office at, or prior to, the
public hearing.
1. Anneals to the Citv Council: Where the decision is appealable to the City Council, appeals must be filed
in writing within ten (10) calendar days after a decision by the Planning Commission.
2. Coastal Commission Appealable Project:
0 This site is located within the Coastal Zone Appealable Area.
cl X This site is not located within the Coasta 1 Zone Appealable Area.
Where the decision is appealable to the Coastal Commission, appeals must be tiled with the Coastal Commission within ten (10) working days after the Coastal Commission has received a Notice of Final Action from the City of
Carlsbad. Applicants will be notified by the Coastal Commission of the date that their appeal period will
conclude. The San Diego office of the Coastal Commission is located at 3 111 Camino De1 Rio North, Suite 200,
San Diego, California 92108-1725.
CASE NAME: NISSAN NEW CAR DEALERSHIP
PUBLISH: January 8, 1999
NISSAN NEW CAR DEALERSHIP
SDP 980081CDP 98-37
C
(Form A)
TO: CITV CLERK’S OFFICE
FROM: PLANNING DEPARTMENT
RE: PUBLIC HEARING REQUEST
Attached are the materials necessary for you to notide
SDP 98-08/CDP 98-37 - Nissan New Car Dealership
for a public hearing before the City Council.
Please notice the item for the council meeting of First Available Hearing
.
Thank you.
Assistant City Man
December 18, 1998
Date
POTICE OF PUBLIC: HEARING
COMPLETE DATE: August 61998
DESCRIPTION:
Request for a Negative Declaration, Site Development Plan and Coastal Development
Permit for the construction of an automobile dealership.
LOCATION:
This project is within the City of Carlsbad’s Coastal Zone located in the northwest
quadrant of the city, west of Car Country Drive, south of Cannon Road and north of
Paseo De1 Norte, in the Car Country Specific Plan in Local Facilities Management Zone
3.
ASSESSOR’S PARCEL NUMBER:
2 1 l-080-05
APPLICANT:
Saitama Nissan
4670 Convoy
San Diego, CA 92111
A public hearing on the above proposed project will be held by the Planning Commission in the
Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, on December 2, 1998 at
6:00 p.m.
Persons are cordially invited to attend the public hearing and provide the ‘decision makers with
any oral or written comments they may have regarding the project. The project will be described
and a staff recommendation given, followed by public testimony, questions and a decision.
Copies of the staff report will be available on or after November 30, 1998.
If you have any questions, or would like to be notified of the decision, please contact Van Lynch
at the City of Carlsbad Planning Department, Monday through Thursday 7:30 a.m. to 5:30 p.m.,
Friday 8:00 a.m. to 5:00 p.m. at 2075 Las Palmas Drive, Carlsbad, California 92009, (760) 438-
1 161, extension 4447.
. . .
. . .
2075 Las Palmas Dr. - Carlsbad. CA 92009-1576 l (760) 43%11610 FAX (760) 438-0894 @
APPEALS
If you challenge the Site Development Permit and Coastal Development Permit in court, you
may be limited to raising only those issues you or someone else raised at the public hearing
described in this notice, or in written correspondence delivered to the City of Carlsbad prior to
the public hearing.
1. -to Citv Co&: Where the decision is appealable to the City Council.
appeals must be filed in writing within ten (10) calendar days after a decision by the
Planning Commission.
2. Coastal Commission Appealable Project:
c] This site is located within the Coastal Zone Appealable Area.
[x1 This site is not located within the Coastal Zone Appealable Area.
Where the decision is appealable to the Coastal Commission, appeals must be filed with the
Coastal Commission within ten (10) working days after the Coastal Commission has received a
Notice of Final Action from the City of Carlsbad. Applicants will be notified by the Coastal
Commission of the date that their appeal period will conclude. The San Diego office of the
Coastal Commission is located at 3111 Camino De1 Rio North, Suite 200, San Diego, California
92108-1725.
CASE FILE: SDP 98-OSKDP 98-37
CASE NAME: NISSAN NEW CAR DEALERSHIP
PUBLISH: NOVEMBER 19,1998 f?
-
City of Carlsbad
January 26,1999
Saitama Nissan (USA) Corp.
4670 Convoy Street
San Diego, CA 92111
I RE: SDP $848 AND C5P 9847 NISSAN NEW CAR DEALER$HlP I
Enclosed for your reference are copies of Carlsbad City Council Agenda Bill
No. 15,020 and Resolution No. 99-31. These documents went before the City
Council on January 19, 1999, adopting the Resolution and approving the Site
Development Plan (SDP 98-08) and the Coastal Development Permit (CDP
98-37) for your your project.
If you have any questions regarding your project, please call your project
planner, Mr. Van Lynch, in the Planning Department. He can be reached at
(7601438-I 161 ext. 4447.
Kathleen D. Shoup
St-. Office Specialist
1200 Carlsbad Village Drive - Carlsbad, CA 92008-l 989 - (760) 434-2808 a9