HomeMy WebLinkAbout2021-06-16; Planning Commission; Resolution 7417PLANNING COMMISSION RESOLUTION NO. 7417
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO
ALLOW THE CHANGE OF USE OF THREE EXISTING VACANT AUTOMOBILE
DEALERSHIP BUILDINGS FROM AUTOMOBILE DEALERSHIP USE TO AUTO
REPAIR AND AUTO RENTAL AND LEASING USES ON PROPERTY GENERALLY
LOCATED AT 5215 AND 5245 CAR COUNTRY DRIVE IN LOCAL FACILITIES
MANAGEMENT ZONE 3
CASE NAME:
CASE NO.:
BMW ANCILLARY FACILITIES
CUP 2020-0008 (DEV2020-0225)
WHEREAS, AN Motors of Ft. Lauderdale, Inc. c/o Autonation, Inc., "Developer," has filed
a verified application with the City of Carlsbad regarding property owned by AN Motors of Ft. Lauderdale,
Inc. c/o Autonation, Inc., "Owner," described as
PARCEL 1:
ALL OF THAT PORTION OF LOT 4 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 THE
COUNTY RECORDER OF SAN DIEGO COUNTY ON OCTOBER 28, 1988,
BEING PARCEL A AS DESCRIBED IN THAT CERTAIN CERTIFICATE OF
COMPLIANCE RECORDED FEBRUARY 24, 2000AS FILE NO. 2000-0093922
OF OFFICIAL RECORDS
PARCEL 2:
ALL OF THAT PORTION OF LOT 4 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 THE
COUNTY RECORDER OF SAN DIEGO COUNTY ON OCTOBER 28, 1988,
BEING PARCEL B AS DESCRIBED IN THAT CERTAIN CERTIFICATE OF
COMPLIANCE RECORDED FEBRUARY 24, 2000AS FILE NO. 2000-0093923
OF OFFICIAL RECORDS
("the Property"); and
WHEREAS, said verified application constitutes a request for a Conditional Use Permit as
shown on Exhibit(s) "A" -"P" dated June 16, 2021, on file in the Planning Division, CUP 2020-0008
(DEV2020-0225) -BMW ANCILLARY FACILITIES, as provided by Chapter 21.42 of the Carlsbad Municipal
Code;and
WHEREAS, the Planning Commission did, on June 16, 2021, 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 CUP.
WHEREAS, on June 16, 2021, the Planning Commission approved CUP 2020-0008, as
described and conditioned in Planning Commission Resolution No. 7417
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of
Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission APPROVES
CUP 2020-0008 (DEV2020-0225) -BMW ANCILLARY FACILITIES, based on the following
findings and subject to the following conditions:
Findings:
Conditional Use Permit
1. That the requested use is necessary or desirable for the development of the community, and is in
harmony with the various elements and objectives of the general plan, including, if applicable, the
certified local coastal program, specific plan or master plan, in that the proposed change of use
from automobile dealership to a dealership-affiliated auto repair and automobile rental and
leasing uses are compatible with the surrounding existing automobile dealerships as they are
an extension of the adjacent BMW dealership. Automobile rental and repair-related services
are both local and regional commercial uses which serve local residents and draw customers
from outside the city, generate tax revenue and jobs, and provide goods and services to
residents in the city. The proposed uses comply with all required General Plan and Car Country
Specific Plan (SP-19(J)) standards.
2. That the requested use is not detrimental to existing uses or to uses specifically permitted in the
zone in which the proposed use is to be located in that the proposed auto repair and auto rental
and leasing uses are conditionally permitted uses within the Car Country Carlsbad Specific Plan
(SP-19(J)) and are consistent with the existing automobile dealership uses to the north, south,
and west of the project site and, therefore, will not be detrimental to the adjacent properties.
The project site will not be adversely impacted as it is currently developed with vacant
automobile dealerships.
3. That the site for the proposed conditional-'l.lse is adequate in size and shape to accommodate the
yards, setbacks, walls, fences, parking, loading facilities, buffer areas, landscaping and other
development features prescribed in this code and required by the City Planner, Planning
Commission or City Council, in order to integrate the use with other uses in the neighborhood, in
that the 4.67-acre site and existing facilities are adequate in size and shape to fully
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accommodate the proposed uses. The proposed automobile dealership-related uses comply
with the standards set forth in Car Country Carlsbad Specific Plan (SP-19(J)). The existing
developed site is consistent with the required development standards such as parking,
setbacks, and lot coverage.
4. That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that all required roadway improvements were constructed in
conjunction with the existing development on site. Access to the site is provided via three
driveways, one at Car Country Drive and two at Auto Center Court. The project generates a net
reduction of 274 average daily trips (ADTs). Therefore, no traffic impacts to the nearby
intersections and freeway on/off ramps are anticipated.
General
5. The project is consistent with the adopted Airport Land Use Compatibility Plan for the McClellan-
Palomar Airport (ALUCP), dated March 4, 2010, in that the project is consistent with the ALUCP
in that 1) the proposed automobile services and rental uses are located outside of the 60 dB
CNEL noise contour and thus are not impa-cted by airport noise; 2) the existing buildings are well
below the Federal Aviation Regulation (FAR)' i>art 77 obstruction surface of 439 feet AMSL at
the project site, and thus notification is not required; 3) the project is outside of the Airport
Overflight Notification Area and recordation of an overflight notification is not required; and 4)
the project site is located outside Safety Zones 1-6, thus, the proposed land use is .considered
compatible within the AIA.
6. The City Planner has determined that the project belongs to a class of projects that the Secretary
for Resources has found do not have a significant impact on the environment; therefore, the
project is categorically exempt from the requirement for the preparation of an environmental
document pursuant to Section 15301-Existing Facilities-of the California Environmental Quality
Act (CEQA) Guidelines in that the project proposes a change of use that is substantially similar
to the previous automobile sales and services uses on the site. The proposed uses, automobile
service/repair and automobile rental are directly affiliated with the adjacent automobile
dealership and do not intensify the previous automobile dealership use. In making this
determination, the City Planner has found that the exceptions listed in Section 15300.2 of the
state CEQA Guidelines do not apply to this project.
7. Pursuant to Section lll(A)(l) of Part 3 of Car Country Specific Plan SP 19(J), the use is associated
with an existing or proposed new automobile dealership in Car Country Carlsbad and no new
automobile dealerships are available to occupy the site at the time of approval.
8. The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed to
mitigate impacts caused by or reasonably related to the project, and the extent and the degree
of the exaction is in rough proportionality to the impact caused by the project.
Conditions:
NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of a
building permit.
PC RESO NO. 7417 -3-
1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented
and maintained over time, if any of such conditions fail to be so implemented and maintained
according to their terms, the city shall have the right to revoke or modify all approvals herein
granted; deny or further condition issuance of all future building permits; deny, revoke, or further
condition all certificates of occupancy issued under the authority of approvals herein granted;
record a notice of violation on the property title; institute and prosecute litigation to compel their
compliance with said conditions or seek damages for their violation. No vested rights are gained
by Developer or a successor in interest by the city's approval of this Conditional Use Permit.
2. 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 approved Exhibits. Any proposed development, different from this
approval, shall require an amendment to this approval.
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
4. If any condition for construction of any public improvements or facilities, or the payment of any
fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged,
this approval shall be suspended as provided in Government Code Section 66020. If ariy such
condition is determined to be invalid, this approval shall be invalid unless the City Council
determines that the project without the condition complies with all requirements of law.
5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims and
costs, including court costs and attorney's fees incurred by the city arising, directly or indirectly,
from (a) city's approval and issuance of this Conditional Use Permit, (b) city's approval or issuance
of any permit or action, whether discretionary or nondiscretionary, in connection with the use
contemplated herein, and (c) Developer/Operator's installation and operation of the facility
permitted hereby, including without limitation, any and all liabilities arising from the emission by
the facility of electromagnetic fields or other energy waves or emissions. This obligation survives
until all legal proceedings have been concluded and continues even if the city's approval is not
validated.
6. Prior to the issuance of a building permit, the Developer shall provide proof to the Building
Division from the Carlsbad Unified School District that this project has satisfied its obligation to
provide school facilities.
7. This project shall comply with all conditions and mitigation measures which are required as part
of the Zone 3 Local Facilities Management Plan and any amendments made to that Plan prior to
the issuance of building permits.
8. This approval shall become null and void if building permits are not issued for this project within
24 months from the date of project approval.
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9. Building permits will not be issued for this project unless the local agency providing water and
sewer services to the project provides written certification to the city that adequate water service
and sewer facilities, respectively, are available to the project at the time of the application for the
building permit, and that water and sewer capacity and facilities will continue to be available until
the time of occupancy.
10. Developer shall pay the Citywide Public Facilities Fee imposed by City Council Policy #17, the
License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD
#1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section
5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone
3, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If
the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall
become void.
11. Prior to the issuance of the building permit, Developer shall submit to the city a Notice of
Restriction executed by the owner of the real property to be developed. Said notice is to be filed
in the office of the County Recorder, subject to the satisfaction of the City Planner, notifying all .
interested parties and successors in interest that the City of Carlsbad has issued a(n) Conditional
Use Permit by Resolution(s) No. 7417 on the property. Said Notice of Restriction shall note the
property description, location of the file containing complete project details and all conditions of
approval as well as any conditions or restrictions specified for inclusion in the Notice of
Restriction. The City Planner has the authority to execute and record an amendment to the notice
which modifies or terminates said notice upon a showing of good cause by the Developer or
successor in interest.
12. All conditions of this permit shall be continuously met so that the use does not have a substantial
negative effect on surrounding properties or the public health, safety and general welfare. If the
City Planner determines that: 1) the Conditional Use Permit was obtained by fraud or
misrepresentation; or 2) the use for which such approval was granted is not being exercised; or
3) the Conditional Use Permit is being or recently has been exercised contrary to any of the terms
or conditions of approval or the conditions of approval have not been met; or 4) the use for which
such approval was granted has ceased to exist or has been suspended for one year or more; or 5)
the use is in violation of any statute, ordinance, law or regulation; or 6) the use permitted by the
Conditional Use Permit is being or has been so exercised as to be detrimental to the public health,
safety or welfare or so as to constitute a nuisance, the City Planner shall recommend that the
Planning Commission hold a public hearing and after providing the permittee the opportunity to
be heard, the Planning Commission may revoke and terminate the Conditional Use Permit in
whole or in part, reaffirm the Conditional Use Permit, modify the conditions or impose new
conditions.
13. Pursuant to Section lll(A)(l) of Part 3 of Car Country Specific Plan SP 19(J), the approved uses
shall continue to be associated with an auto dealership operating within Car Country Carlsbad.
14. Any time a new car dealership becomes available, the uses identified in section lll(A)(l) (b, c,
and d) of Part 3 of Car Country Specific Plan SP-19(J), particularly the proposed automobile
repair and automobile rental uses, shall be abated and/or modified so that a new auto
dealership becomes the primary use of the site.
PC RESO NO. 7417 -5-
15. This Conditional Use Permit is granted for a period of 10 years from June 16, 2021 through June
16, 2031. 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 10 years upon written application of the permittee made
no less than 90 days prior to the expiration date. The City Planner may not grant such extension,
unless it finds that there are no substantial negative effects on surrounding land uses or the
public's health and welfare. If a 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 no limit to the number of
extensions the City Planner may grant.
16. 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 and Economic Development Department and Planning.
17. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. When so
required, the Developer shall submit and obtain approval of the Fire Chief and the City Planner
of an Outdoor Storage Plan, and thereafter comply with the approved plan.
18. Developer shall submit and obtain City Planner approval of an exterior lighting plan including
parking areas. All lighting shall be designed to reflect downward and avoid any impacts on
adjacent homes or property.
Engineering Conditions:
19. Developer shall implement Transportation Demand Management strategies per the Carlsbad
Municipal Code Section 18.51. The Transportation Demand Management (TDM) Plan prepared
during discretionary review is preliminary and shall be finalized and approved prior to
occupancy. Prior to building permit issuance, the Developer shall have a consultation with city
staff regarding submittal of the TDM Plan. Prior to occupancy, the Developer shall submit a Tier
1 TDM Plan for review and approval to the satisfaction of the City Engineer.
Code Reminders:
20. 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.
21. Premise identification (addresses} shall be provided consistent with Carlsbad Municipal Code
Section 17.04.060. Prior to submittal for a building permit, Developer shall submit a request for
addressing to the Building Division.
22. 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 City Planner prior to
installation of such signs.
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23. Developer acknowledges that the project is required to comply with the city's greenhouse gas
(GHG) reduction ordinances and requirements. GHG reduction requirements are in accordance
with, but are not limited to, Carlsbad Municipal Code Chapters 18.21, 18.30, and 18.51 in addition
to the California Green Building Standards Code (CCR, Title 24, Part 11-CALGreen), as amended
from time to time. GHG reduction requirements may be different than what is proposed on the
project plans or in the Climate Action Plan Checklist originally submitted with this project.
Developer acknowledges that new GHG reduction requirements related to energy efficiency,
photovoltaic, electric vehicle charging, water heating and traffic demand management
requirements as set forth in the ordinances and codes may impact, but are not limited to, site
design and local building code requirements. If incorporating GHG reduction requirements results
in substantial modifications to the project, then prior to issuance of development (grading,
building, etc.) permits, Developer may be required to submit and receive approval of a
Consistency Determination or Amendment for this project through the Planning Division.
Compliance with the applicable GHG reduction requirements must be demonstrated on or with
the construction plans prior to issuance of the applicable development permits.
Engineering Code Reminders
24. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section
13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and floor
area contained in the staff report and shown on the site plan are for planning purposes only.
NOTICE TO APPLICANT
An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad Village
Drive, Carlsbad, California, 92008, within ten (10) calendar days of the date of the Planning Commission's
decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section 21.54.150, the appeal must be in
writing and state the reason(s) for the appeal. The City Council must make a determination on the appeal
prior to any judicial review.
NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions."
You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest
them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the
protest and any other required information with the City Manager for processing in accordance with
Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent
legal action to attack, review, set aside, void, or an,nul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT
APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other
similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any
fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute
of limitations has previously otherwise expired.
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