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HomeMy WebLinkAbout2007-12-05; Planning Commission; ; CUP 02-05A - LOT 23 AUTO STORAGE FACILITY• City of Carlsbad Planning Departmentfl A REPORT TO THE PLANNING COMMISSION P.C. AGENDA OF: December 5, 2007 Item No. G) Application complete date: October 3, 2007 Project Planner: Barbara Kennedy Project Engineer: Jeremy Riddle SUBJECT: CUP 02-0S(A) -LOT 23 AUTO STORAGE FACILITY -Request for approval of a Conditional Use Permit Amendment to allow for the continued storage of new automobiles and the additional uses of incidental storage of auto dealership documents within sea containers and an outdoor storage area for Callaway Golf on property generally located at the northwest end of Dryden Place in Local Facilities Management Zone 5. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 6358 APPROVING Conditional Use Permit CUP 02-05(A) to be effective in perpetuity. retroactively from May 1, 2007, based on the findings and subject to the conditions contained therein. II. INTRODUCTION The application is for an amendment to an existing Conditional Use Permit (CUP 02-05) to allow outdoor storage of landscape/equipment for Callaway Golf and storage of auto dealership documents within sea containers in addition to the continuation of previously approved storage of new automobiles. The 4. 73 acre site is located at the northwest end of Dryden Place '"ithin the Carlsbad Airport Centre Specific Plan. Issues related to the proposal are land use compatibility and aesthetics. The project is in conformance with all applicable plans, standards, ordinances and policies and all required fmdings for the Conditional Use Permit Amendment can be made for the proposed facility. Staff is recommending approval retroactively and in perpetuity for CUP 02-05(A). ID. PROJECT DESCRIPTION AND BACKGROUND Conditional Use Permit CUP 02-05 was approved by the Planning Commission on May I, 2002 to allow a storage lot for approximately 635 new automobiles on a 4.73 acre (3.03 net acres) site located at the northwest end of Dryden Place. The entire site was improved with a decomposed granite parking surface and a concrete driveway extension at the entrance and the perimeter of the site has been fenced and landscaped to screen vehicles from public views in accordance ,,·ith the project approval. On January 5, 2007 the applicant submitted a timely application to extend the original 5-year approval of the CUP. When staff visited the site for the annual review, it was observed that the uses included more than storage of new cars. Staff notified the applicant that the project would require an amendment to the CUP rather than an extension request to include the new uses. The applicant prepared revised plans and submitted an application for an amendment on August 30, 2007. CUP 02-05(A)-LOT 23 A. STORAGE FACILITY December 5, 2007 Page2 The applicant is requesting that in addition to the storage of new automobiles. that the CUP be amended to allow incidental storage of auto dealership documents within sea containers and to allow an outdoor storage area for the Callaway Golf facility located immediately west of the site. The proposal would modify the existing site plan which provides approximately 3.03 acres of storage (not including landscaping) for approximately 635 vehicles. The revised plan would locate the new car storage on the eastern two-thirds of the site (for approximately 402 vehicles) and would include an area for the incidental storage of auto dealership documents within a maximum of six (6) sea containers. Currently four (4) sea containers measuring 9· height x 8' v.idth x 40· length are located behind the screen wall near the southeastern portion of the site. The applicant indicates that these are used for storage of documents for the Hoehn dealership. one of the current lessees of the auto storage site. Six storage containers represents about 2 1/i percent of the total auto storage area. The remaining one-third of the site (approximately 40,000 square feet) is proposed as (and currently used as) landscape/equipment storage for Callaway Golf. The Callaway Golf storage and auto storage areas are separated by a 6 foot high tarp-covered chainlink fence with a rolling gate. At the time of the site visit, less than 10% of the site \\'as being used for storage. The storage items consisted of small mounds of topsoil, gravel, and dirt; a small storage container; landscape-related equipment and supplies including irrigation pipe. and chainlink fencing; and other miscellaneous items related to the grounds care and maintenance of the Callaway Golf Ball Testing Facility. The proposed project is subject to the following regulations: A. Planned Industrial General Plan Land Use Designation (PI) and Planned Industrial Zone (P-M) (Chapter 21.34 of the Carlsbad Municipal Code); B. Carlsbad Airport Center Specific Plan -SP 18l(C); C. Airport Land Use Compatibility Plan for McClellan-Palomar Airport; D. Conditional Use Permit Regulations (Chapter 21.42 of the Carlsbad Municipal Code); and E. Growth Management (Chapter 21.90 of the Carlsbad Municipal Code). IV. ANALYSIS The recommendation for approval of this Conditional Use Permit was developed by analyzing the project's consistency \\1th the applicable City regulations and policies. The project's compliance with each of the above regulations is discussed in detail in the sections below. A. Planned Industrial General Plan Land Use Designation (Pl) and Planned Industrial Zone (P-M) The site has General Plan and Zoning designations of Planned Industrial. The General Plan identifies typical land uses within the Planned Industrial (Pl) Land Use designation as being manufacturing. warehousing, storage, research and development, and utilities uses. Carlsbad Municipal Code Section 21.34.020 Planned Industrial Zone (P-M), Table A, allows auto storage subject to Planning Commission approval of a Conditional Use Permit. Table A also lists ""Accessory uses and structures where related and incidental to a permitted use .. as permitted v.ithin the P-M zone: The auto storage use was approved by CUP 02-05. The sea container CUP 02-05(A) -LOT 23 A. STORAGE FACILITY December 5, 2007 Page 3 storage would be considered an incidental accessory use for the auto storage component of the site. The Callaway Golf storage area is considered to be an off-site accessory use for the permitted Callaway Golf facility (PIP 93-02(0)) located immediately west of the subject site. Resolution No. 6358 includes specific findings and conditions to insure that the sea container storage does not expand beyond the intended use of incidental document storage for the auto dealership(s) that lease the new car storage area. Similarly, the Callaway Golf storage area is conditioned to function as an accessory use to the Callaway Golf facility, and is not intended to be a contractor storage yard. The project will continue to satisfy a need for storage of new autos for nearby auto dealerships. Also, since vehicles will be driven to and from the site by employees, it will be consistent v.ith other uses in the industrial area by not establishing a use which would generate customer traffic. The incidental use of sea containers for storage of auto dealership documents and the Callaway Golf storage area will not generate any significant new source of traffic. B. Carlsbad Airport Center Specific Plan -SP 18l(C) The Carlsbad Airport Centre Specific Plan was adopted by the City of Carlsbad in 1982 and amended by the City Council in 1991. The Specific Plan identifies the site as being appropriate for distribution and/or storage or warehousing of manufactured products. There are no lot coverage or building height standards applicable to the proposal. The project complies with setback requirements by providing fully landscaped setbacks around the perimeter of the site. The Specific Plan requires that all outdoor storage be screened from the public right-of-way and the project has been designed to conform with this requirement through the use of an 8 foot high decorative wall along the frontage and dense landscaping for screening vehicles. The storage containers are not visible from the street frontage and the existing wall and landscaping provides screening for all uses on site. C. Airport Land Use Compatibility Plan for McClellan-Palomar Airport The Airport Land Use Compatibility Plan (ALUCP) for McClellan-Palomar Airport is a document used by airport authorities to identify areas likely to be impacted by noise and flight activity created by aircraft operations at the airport. One of the purposes of the AL UCP is to preclude incompatible development from intruding into areas of significant risk resulting from aircraft takeoff and landing patterns and from aircraft noise impacts. One of the compatibility issues specific to the site is its location relative to the airport runway. As shown on the location map, the site is located near the west end of the runway ,vithin the Flight Activity Zone. Since these are the areas most likely to experience a crash, the ALUCP limits development to less intensive uses such as those with an assemblage of l 00 or less persons. The proposed use of the site for new car storage and related accessory uses is consistent with this requirement in that no employees v,,ill be on site except for a limited time during pick- up and delivery of autos. No additional employee traffic is expected to be generated from the storage area for Callaway Golf. Also, since no buildings are proposed as part of the project, there are no issues of building height interfering with the safe operation of the airport. The second compatibility issue for the project is in regard to aircraft noise impacts. The site is located within the 75 dBA CNEL airport noise level contour as shown on the most recent CUP 02-05(A) -LOT 23 A. STORAGE FACILITY December 5, 2007 Page4 McClellan-Palomar Airport -Airport Influence Area map dated October 4, 2004. Most commercial and industrial uses are incompatible within the 75 dBA CNEL, unless special findings can be made by the City Council that noise mitigation measures and other special conditions are incorporated into the project to mitigate the airport noise and operations impacts. Since the proposed uses do not include any on-going indoor or outdoor activities nor will employees be at the site for long durations of time, noise mitigation measures are not necessary or required. The project site plan and proposed land use (storage) was previously reviewed by airport authorities and no special conditions were requested. D. Conditional Use Permit Regulations Uses subject to a Conditional Use Permit (CUP) are declared to possess characteristics of such unique and special form as to make impracticable their being included automatically in any land use class. In granting a CUP, certain safeguards to protect the health, safety and general welfare of the public may be required as conditions of approval. In addition. CUPs may only be granted when the appropriate findings of fact can be made. Findings were made for the new car storage associated with CUP 02-05. Since that time, Chapter 21.42 of the Carlsbad Municipal Code has been updated with new findings which can be made for the proposed CUP Amendment. Table A -CONDITIONAL USE PERMIT FINDINGS FINDINGS PROJECT CONSISTENCY That the requested use is necessary or desirable The requested uses are desirable for the for the development of the community, and is industrial community and in harmony with the in harmony with the various elements and objectives of the General Plan, Carlsbad objectives of the General Plan, including, if Airport Center Specific Plan, and ALUCP applicable, the certified local coastal program, since the proposed uses \Vill continue to specific plan or master plan. provide new car storage facilities with the addition of accessory uses including incidental document storage for local auto dealerships and incidental equipment/landscape supplies storage area for Callaway Golf. The storage uses are consistent with the Specific Plan and result in uses within the Flight Activity Zone which are less intensive (such as those with an assemblage of 100 or less persons) and which are not noise sensitive. That the requested use is not detrimental to The requested uses are compatible with the existing uses or to uses specifically permitted surrounding industrial uses and will not in the zone in which the proposed use is to be generate customer traffic to the area. The located. Callaway Golf storage area is considered to be accessory to a permitted use and is not intended for use as a contractor storage yard. The auto storage use has been found to be compatible \\ith the existing uses and the incidental document storage is considered accessory to the storage of new vehicles for local auto dealerships. CUP 02-05(A)-LOT 23 A. STORAGE FACILITY December 5, 2007 Page 5 Table A -CONDITIONAL USE PERMIT FINDINGS FINDINGS PROJECT CONSISTENCY That the site for the proposed conditional use is The site is screened by an 8 foot high adequate in size and shape to accommodate the decorative stucco wall along the street frontage yards, setbacks, walls, fences, parking, loading and the entire 30 foot front setback is facilities, buffer areas, landscaping and other landscaped with a combination of trees, shrubs development features prescribed in this code and groundcover. Iv1inimum 10 foot landscape and required by the Planning Director, areas are provided along the side setbacks to Planning Commission or City Council, in order screen all of the uses from the adjacent to integrate the use with other uses in the properties and the property is secured along the neighborhood. sides and rear with a 6 foot high chain link fence. A 6 foot high tarp-coYered chainlink fence with a rolling gate is located between the auto storage and Callaway Golf storage areas. That the street system serving the proposed use Dryden Place is classified as a .. locar' street is adequate to properly handle all traffic with a capacity of 2,000 maximum Average generated by the proposed use. Daily Traffic (ADT) which is more than adequate to handle the 91 ADT that the project is expected to generate. Staff is recommending that, as proposed, no more than one-third of the area should be used for Callaway Golf storage so that it does not expand beyond its intended accessory use. Additionally, the conditions specify that this area is not intended to be used as a contractor storage yard. Staff is also recommending limiting the sea container storage to a maximum of six (6) sea containers as shown on the plan so that the document storage remains incidental to the new automobile storage which is the intended and primary use of the site. The original CUP was approved for a period of five years with the requirement for annual reviews to be performed by the Planning Department to determine if all conditions of the CUP have been met. All landscape, screen walls, surfacing materials, and Storm \Vater Pollution Prevention Plan (SWPPP) requirements have been installed and are well maintained. There are no used vehicles, RV's or hazardous materials stored on site that would require new conditions of approval and the property owner has been responsive in addressing staff concerns during annual reviews. Since it is unlikely that any additional modifications would be required to the site in the future, Staff is recommending approval of the CUP in perpetuity. The only exception would be if changes were proposed to the allowable storage uses, in which case, an amendment \Vou1d be required to the CUP to evaluate any new requirements including screening, surfacing materials, and/or S\VPPP requirements. The project will continue to have a requirement to be reviewed annually to ensure continued compliance with the conditions of approval. The adopted project conditions for CUP 02-05, which are contained in Planning Commission Resolution No. 5188 (CUP 02-05) still apply to this project with the exception of Conditions No. 12. 13, 15, and 20 which are replaced by Conditions No. 8. 9. 10. and 1 I in Planning Commission Resolution No. 6358 for CUP 02-05(A). The amended conditions are summarized below: CUP 02-05(A) -LOT 23 A. STORAGE FACILITY December 5, 2007 Page6 1. Condition No. 8 is a standard condition requiring an annual review of CUP 02-05(A). 2. Condition No 9. would approve CUP 02-05(A) in perpetuity, retroactively from May 1, 2007. 3. Condition No. 10 would approve the site for the following uses: a. The primary use of the site shall be for the storage of new automobiles, together with incidental storage of documents within up to six ( 6) sea containers (approximately 2,000 square feet total). Document storage shall be solely related to the automobile dealership(s) leasing the new car storage area. b. No used cars, RV"s, or employee parking shall be permitted on this site. c. No more than one-third of the storage area of the site (approximately 40,000 square feet) shall be used for incidental landscape/equipment storage for Callaway Golf unless an amendment to this Conditional Use Permit is approYed. The Callaway Golf storage area is specifically approved as being accessory to a permitted use and shall not function as a contractor storage yard. d. Conversion of the Callaway Golf storage area to new automobile storage shall be permitted without an amendment to CUP 02-05(A). Travel lanes and surface improvements for any vehicle storage areas shall comply with the requirements of Planning Commission resolution 5188 for CUP 02-05 as incorporated herein by reference. 4. Condition No. 10 is a standard condition requiring the Developer to submit 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 Conditional Use Permit Amendment by Resolution No. 6358 on the property. No formal written complaints regarding CUP 02-05 have been submitted to the City and the project is in compliance with all conditions of approval for CUP 02-05, with the exception of the accessory uses which require this proposed amendment to the CUP. The required fire access lanes have been provided between rows of cars to the satisfaction of the Fire Department. The property o\\ner was notified of a violation that involved storage of used cars and steps were taken immediately to remedy the situation. E. Gro\\1"h Management The site is located within Local Facilities Management Zone 5. The expansion of the allowable storage uses at the site will not generate the need for additional public facilities. Circulation demands are based on ADT. SAND AG has a published rate of 30 ADT per acre of storage area. Given that the net area for the storage is 3.03 acres, the project is estimated to result in about 91 ADT which can adequately be accommodated by the existing street system. CUP 02-0S(A) -LOT 23 A. STORAGE FACILITY December 5, 2007 Pae 7 V. ENVIRONMENTAL REVIEW The Planning Director has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15301 -Existing Facilities of the state CEQA Guidelines. In making this determination, the Planning Director has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. ATTACHMENTS: 1. Planning Commission Resolution No. 6358 2. Location Map 3. Background Data Sheet 4. Disclosure Statement 5. Planning Commission Resolution No. 5188, dated May 1, 2002 6. Exhibit ''A'' dated December 5, 2007 Carlsbad Golf Course SITEMAP • N NOT TO SCALE Carlsbad Airport Lot 23 Auto Storage Facility CUP 02-0S(A) BACKGROUND DATA SHEET CASE NO: CUP 02-05{A) CASE NAME: Lot 23 Auto Storage Facility APPLICANT: Michael J. Durkin REQUEST AND LOCATION: Request for approval of a Conditional Use Permit Amendment to allow for the continued storage of new automobiles and the additional uses of incidental storage of auto dealership documents within sea containers and an outdoor storage area for Callawav Golf on a 4. 73 acre site near the northwest end of Dryden Place. LEGAL DESCRIPTION: Lot 23 of Carlsbad Tract No. 81-46 Umt No. 1. in the Citv of Carlsbad. County of San Diego. State of California according to the Map thereof No. 11287. filed in the Office of the County Recorder of San Diego Countv, July 16. 1985 APN: 212-091-03 Acres: 4.73 Proposed No. of Lots/Units: --=-N.:..:.../A=--=--------- GENERAL PLAN AND ZONING Land Use Designation: =-PI::....,,::(P'-=l=an=n=e=d'--=In=d=us=tn=· al=.,..) _________________ _ Density Allowed: N/ A Density Proposed: "-N"'"'/ A'-=------------ Existing Zone: P-M (Planned Industrial) Proposed Zone:N -~IA ___________ _ Surrounding Zoning and Land Use: (See attached for information on Carlsbad's Zoning Requirements) Zoning General Plan Current Land Use Site P-M PI Vacant North P-M PI Golf Course South P-M PI Planned Industrial/Manufacturing East P-M PI Vacant West P-M PI Golf Testing Facility PUBLIC FACILITIES School District: Carlsbad Water District: Carlsbad Sewer District: Carlsbad -====~------- Equivalent Dwelling Units (Sewer Capacity): _N_/A _______________ _ ENVIRONMENTAL IMPACT ASSESSMENT Other, Categorical Exemption. Section 15301 -Existing Facilities • City of Carlsbad IRFihei•,i·l•J§•EiiU,t§,11 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. firm. co-partnership, joint venture, association. social club, fraternal organization. corporation, estate.: trust. re~l(er •. synd"~-in·fJ~fand any other i:OUMY, city and t:ounty, city muni~tty .. d"IStrict or other political s~~ ,or:$.W otije,r, 9f09P,or ~mbination acting ~ a unit.• "' :_.,,_~'-! ':-/-' .. :--~(f':-t .::~t.;,!..'.-'' •. ,.:~.{~:.~_-_-:.:f ~~-f~t(·~-~;_--":-: ~ - Agents may sign this document; however, the legal name aqd 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 ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, 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 publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person 1"\ 1qt{\-e.t__ ~ 1 ~ Corp/Part ___________ _ Title k.eN Qef2- Address ~~~~~~~~~~~ Title ~~~~~~~~~~~~~~- Address ~~~~~~~~~~~~~ 4-L:.le>O LA ..:rCX-LA ~ t U-/t6E. ~ -rt-IC\50 ~~~~~~~~~~~~~~~~-~ ~t~Ol Ck-. <:i-2-lz_-z.._ 2. OWNER (Not the owner's agent) Provide the COMPLETE, LEGAL names and addresses of ALL 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 partnership, 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 publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) ~1L1µ/ l\v«st-1-N 471-2..3 L..L-(_ ·Pe1so11 f-..\\c_~ J;).•Lu2....1C--1u~-c'ko1i:,/Pert 4l,1c:,o M:"'cu..A \l,~ ~..,--lC6o S-.Q, Title ~tLL.. i-\e-e:1~ .so't Title ~4.&4-f'~ W ~12..l'E (.,A-A.A\.~ CiL-JZ--Z. 92.Cc.•e, 1635 Faraday Avenue • cartsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.cartsbad.ca.us (j / " • 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or {2) above is a nonprofit organization or a trust, list 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. Non Profit/Trust Non Profit/Trust ~~~~~~~~~~- Title Title ~~~~~~~~~~~~~~-~~~~~~~~~~~~~~~ Address Address ~~~~~~~~~~~~~ ~~~~~~~~~~~~~~ 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? 0Yes [ii'No If yes, please indicate person{s): ~~~~~~~~~~~~~~ NOTE: Attach additional sheets if necessary. (\ e above information is true and correct to the best of my knowledge. ~--./4/07 Signature of o ner/date a_ \ LL-\\c.:, e.1-l-,,..j Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. S188 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDIDONAL USE PERMIT TO ALLOW STORAGE OF NEW CARS ON PROPERTY GENERALLY LOCATED AT THE NORTHWEST END OF DRYDEN PLACE IN LOCAL FACILITIES MANAGEMENT ZONE 5. CASE NAME: LOT 23 AUTO STORAGE FACILITY CASE NO.: CUP 02-05 WHEREAS, Michael J. Durkin, "Owner/Developer," has filed a verified application with the City of Carlsbad regarding property described as Lot 23 of Carlsbad Tract No. 81-46 Unit No. 1, in the City of Carlsbad, County of San Diego, State of California, according to the Map thereof No. 11287, filed in the Office of the County Recorder of San Diego County, July 16, 1985 ("the Property"); and WHEREAS, said verified application constitutes a request for a Conditional Use Permit as shown on Exhibit{s) "A" -"D" dated l\fay 1, 2002, on file in the Carlsbad Planning Department, LOT 23 AUTO STORAGE FACILITY -CUP 02-05, as provided by Chapter 21.42 and 21.50 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 1st day of May, 2002, hold a duly noticed public hearing as prescnoed 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 CUP. NOW, THEREFO~, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) B) That the foregoing recitations are true and correct 1bat based on the evidence presented at the public hearing, the Commission APPROVES LOT 23 AUTO STORAGE FACILITY -CUP 02-05, based on the following findings and subject to the following conditions: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Findfnp: 1. 2. 3. 4. 5. 6. 7. That the requested use is necessary or desirable for the development of the community, is essentially in harmony with the various elements and objectives of the General Plan, and is not detrimental to existing uses specifically permitted in the zone in which the proposed use is located, in that the proposed use will provide new car storage facilities for local auto dealerships, is compatible with the surrounding industrial uses, and will not generate customer traffic to this area. That the site for the intended use is adequate in size and shape to accommodate the use, in that the 4. 73 acre lot (3.03 net acres) will be able to accommodate approximately 635 vehicles on site while maintaining the required fire access lanes. That all the yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained, in that the storage lot will be screened by an 8 foot high decorative stucco wall along the street frontage and the entire 30 foot front setback will be landscaped with a combination of trees, shrubs and groundcover. Minimum 10 foot land.scape areas are proposed along the side setbacks to screen the automobiles from the adjacent properties and the property will be secured along the sides and rear with a 6 foot high chain link fence. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the "local" street with a capacity of 2,000 maximum Average Daily Traffic (ADT) is more than adequate to handle the 91 ADT the proposed project is expected to generate. The project is consistent with the Comprehensive Land Use Plan (CLUP) for the McClellan-Palomar Allport, dated April 1994, in that it is a use that will not be impacted by airport operations since it contains no buildings and will only be used for storage of new automobiles. The project is compati'ble with the projected noise levels of the CLUP; and, based on the noise/land use compatibility matrix of the CLUP, the proposed land use is compatible with the airport, in that employees will only be at the site for short durations of time during pick-up or delivery of vehicles. That the Planning Director has determined that the -project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15332-In-Fill Development Projects, which exempts in-fill development projects in urbanized areas within the City limits on sites of no more than 5 acres, of the state CEQA Guidelines. In making this determination, the Planning Director has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to 1he project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. PC RF.SO NO. 5188 -2- I 2 Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a 3 building permit or approval oflandscape plans. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. 2. 3. 4. 5. 6. If any of the following conditions fail to occur; or if they are, by their tenns, 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 Conditional Use Permit. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Conditional Use Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the appl'9ved Exlnbits. Any proposed development different from this approval, shall require an amendment to this approval. Developer shall comply with all applicable provisions of fed~ state, and local laws and regulations in effect at the time of building permit issuance. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereo( imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements oflaw. Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold bannless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Conditional Use Permit, (b) City's approval or issuance of any permit or action, whether discretionary or non- discretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. · Developer shall submit to tile Planning Department a reproducible 24" x 36", mylar copy of the Site Plan reflecting the conditions approved by the final decision making body. PCRESONO. 5188 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7. 8. 9. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the School District that this project has satisfied its obligation to provide school facilities. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 5 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. This approval shall become null and void if building permits are not issued for this project within 18 months from the date of project approval. 10. Approval is granted for Lot 23 Auto Storage Facfflty -CUP 02-05 as shown on Exhibits "A" -"D", dated May 1, 2~ on file in the Planning Department and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. 11. 12. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. This Conditional Use Permit shall be reviewed by the Planning Director annually to determine if all conditions of this permit have been met and that the use does not have a substantial negative effect on surrounding properties or the public health and welfare. If the Planning Director determines that the use has such substantial negative effects, the Planning Director shall recommend that the Planning Commission, after providing the permittee the opportunity to be heard, add additional conditions to reduce or eliminate the substantial negative effects. 13. This Conditional Use Permit is granted for a period of five (5) years from May 1, 2002 to April 30, 2007. This permit may be revoked at any time after a public hearing, if it is found that the use has a substantial detrimental effect on surrounding land uses and the public's health and welfare, or the conditions imposed herein have not been met. This permit may be extended for a reasonable period of time not to exceed five (5) years upon written application of the permittee made no less than 90 days prior to the expiration date. The Planning Commission may not grant such extension, unless it finds that there are 110 substantial negative effects on surrounding land uses or the public's health and welfare. Ifa substantial negative effect on surrounding land uses or the public's health and welfare is found, the extension shall be denied or granted with conditions which will eliminate or substantially reduce such effects. There is 110 limit to the number of extensions the Planning Commission may grant. 14. Building permits are required for all walls or fences exceeding 6 feet in height. 15. Tke project is approved solely for the storage of aew automobiles. No used can, RV's, or employee parting shall be permitted on site. PCRESONO. 5188 -4- 1 2 3 4 5 6 7 8 9 10 Landscape 16. Developer shall submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Pre]imimuy Landscape Plan and the City's Landscape Manual. Developer shall construct and install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weedst tras~ and debris. 17. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan check process on file in the Planning Department and accompanied by the project's building, improvement, and grading plans. 18. Shrubs and groundcover shall be added per the Landscape Manual for Erosion Control/Slope Revegetation on the rear slope to replace the dead and dying plant materials. In addition, the irrigation system shall be repaired/replaced to insure that the plants are adequately watered. 11 Notice 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 19. Developer shall report. in writing, to the Planning Director within 30 days, any address change from that which is shown on the permit application. 20. Prior to the issuance of a building permit or landscape plan approval, 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 Conditional Use Permit by Resolution No. 5188 on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and a1J 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. 21. Prior to issuance of a building pennit, the Developer shall prepare and record a Notice that this property is subject to overflight, sight and sound of aircraft operating from McClellan-Palomar Airport. in a form meeting the approval of the Planning Director and the City Attorney (see Noise Form #2 on file in the Planning Department). 22. Prior to issuance of building permits, the Developer shall record an Avigation Easement for the property to the County of San Diego and file a copy of the recorded document with the Planning Director. Enpeering Department: General 23. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, Developer shall apply for and obtain approval from, the City Engineer for the proposed haul route. PC RESO NO. 5188 -5- 1 2 24. Prior to issuance of any building permit, Developer shall comply with the requirements of the City's anti-graffiti program for wall treatments if and when such a program is 3 formally established by the City. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Fees/ .Ai=reements 25. Developer shall cause property owner to execute, record and submit a recorded copy to the City Engineer, a deed restriction on the property which relates to the proposed cross lot drainage as shown on the Site Plan. The deed res1riction document shall be in a form acceptable to the City Engineer and shall: A. B. C. Clearly delineate the limits of the drainage course; State that the drainage course is to be maintained in perpetuity by the underlying property owner; and State that all future use of the property along the drainage course will not restrict, impede, divert or otherwise alter drainage flows in a manner that will result in damage to the underlying and adjacent properties or the creation of a public nuisance. 26. Prior to approval of any grading or building permits for this project, Developer shall cause Owner to give written consent to the City Engineer to the annexation of the area shown within the boundaries of the subdivision into the existing City of Carlsbad Street Lighting and Landscaping District No. 1, on a form provided by the City Engineer. Dedications/Improvements 27. Developer shall cause Owner to execute a covenant of easement for private drainage puq>oses as shown on the Site Plan. Developer shall provide City Engineer with proof of recordation prior to issuance ofbuilding permit. 28. Developer shall comply with the City's requirements of the National Pollutant Discharge Elimination System (NPDES) penni~ latest version. Developer shall provide improvements constructed pursuant to best management practices as referenced in the ffCalifomia Storm Water Best Management Practices Handbook" to reduce surface pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such improvements shall be submitted to and subject to the approval of the City Engineer. Said plans shall include but not be limited to notifying prospective owners and tenants of the following: A. B. 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. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze, solvents, paints, paint thinners, wood preservatives, and other such PC RESO NO. 5188 -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 C. 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 Federai State, C01mty and City requirements as prescribed in their respective containers. Best Management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements. 29. Prior to the issuance of grading permit or building permit, whichever occun lint, Developer shall submit for City approval a "Storm Water Pollution Prevention Plan (SWPPP)". This site is considered a "priority project" as oatlined by the Regional Water Quality Control Board. The SWPPP shall be in compliance with current requirements and provisions established by the San Diego Region of the California Regional Water Q•ality Control Board. The SWPPP shall identify measures to reduce to the 11111ximum extent possible storm water pollutant runoff at both constraction and post-constraction phases of the project. At a minimum, the SWPPP shall: A. B. C. Identify existing and post-development on-site pollutants. Recommend source control Best Management Practices (BMPs) to filter said pollutants. Establish specific procedures for handling spills and routine clean up. Special considerations and effort shall be applied to employee education on the proper procedures for handling clean up and disposal of pollutants. D. Ensure long-term maintenance of all post construct BMPs in perpetuity. E. Identify how post-development runoff rates and velocities from the site will not exceed the pre-development ronoffrates and velocities for a IO-year 6-hour event. If maintaining post-development rates at pre-development levels cannot be achieved, adequate justification, subject to the City Engineer's approval, must be provided. 22 Fire Dej,artment: 23 24 30. Fire lanes shall be provided throughout the lot to the satisfaction of the Fire Department. 25 Standard Code Reminders 26 27 28 31. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 5, pursuant to Chapter 21.90. All such PC RF.SO NO. 5188 -7- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. 32. Developer sball pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 33. 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. 34. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. 35. Developer shall exercise special care dming the construction phase of this project to prevent offsite siltation. Planting and erosion control shall be provided in accordance with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction of the City Engineer. 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 attac~ 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. 5188 -8- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 1st day of May, 2002 by the following vote, to wit: AYES: Chairperson Trigas, Commissioners Baker, Dominguez, Heineman, Segall, White, and Whitton NOES: ABSENT: ABSTAIN: ~ .S.QJL," . SEENA TRIGAS, ~: CARLSBAD PLANNING COMMISSION ATTEST: hiu~o~~ MICHAELJ.ER Planning Director PCRESONO. 5188 -9-