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HomeMy WebLinkAbout2021-11-03; Planning Commission; Resolution 7430PLANNING COMMISSION RESOLUTION NO. 7430 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A SITE DEVELOPMENT PLAN AND COASTAL DEVELOPMENT PERMIT FOR THE ADDITION AND REMODEL OF AN EXISTING AUTOMOBILE DEALERSHIP, LOCATED ON A 2.7-ACRE LOT AT 5365 CAR COUNTRY DRIVE, WITHIN THE CAR COUNTRY CARLSBAD SPECIFIC PLAN {SP 19{J)), THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 3. CASE NAME: CASE NO.: ADDITION AND REMODEL OF BOB BAKER MAZDA SDP 2021-0005/CDP 2021-0008 (DEV2020-0245) WHEREAS, Bob Baker Automotive, "Developer," has filed a verified application with the City of Carlsbad regarding property owned by Bob Baker Automotive, "Owner," described as LOT 7 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, OCTOBER 28, 1988. ("the Property"); and WHEREAS, said verified application constitutes a request for a Site Development Plan and Coastal Development Permit as shown on Exhibit(s) "A" -"K" dated November 3, 2021 on file in the Planning Division, SOP 2021-0005/CDP 2021-0008 (DEV2020-0245) as provided by Chapter 21.06 and Section 21.201.030 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on November 3, 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 Site Development Plan and Coastal Development Permit; and WHEREAS, on November 3, 2021, the Planning Commission approved, SOP 2021- 0005/CDP 2021-0008 (DEV2020-0245), as described and conditioned in Planning Commission Resolution No. 7430. 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 Planning Commission APPROVES SOP 2021-0005/CDP 2021-0008 (DEV2020-0245) based on the following findings and subject to the following conditions: Findings: Site Development Plan SOP 2021-0005 1. That the proposed development or use is consistent with the General Plan and any applicable master plan or specific plan, complies with all applicable provisions of Chapter 21 .06 of the Carlsbad Municipal Code, and all other applicable provisions of this code, in that the various goals and objectives of the General Plan will be implemented since the proposed project falls within an approved Specific Plan (Car Country Carlsbad Specific Plan), which was found to be consistent with the General Plan. The existing use, motor vehicle dealerships for retail sales and service, is a permitted use within the Car Country Carlsbad Specific Plan (SP 19(J)). The proposed addition and remodel to the existing automobile dealership will also comply with all applicable development standards. 2. That the requested development or use is properly related to the site, surroundings and environmental settings, will not be detrimental to existing development or uses or to development or uses specifically permitted in the area in which the proposed development or use is to be located, and will not adversely impact the site, surroundings or traffic circulation, in that the existing automobile dealership is a permitted use within the Car Country Carlsbad Specific Plan (SP 19(J)) and is consistent with the existing automobile-dealership uses to the 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 an existing automobile dealership. All required roadway improvements were constructed in conjunction with the existing development on site. The project will generate a net gain of 107.55 average daily trips (ADTs). The additional traffic will not significantly impact the nearby intersections and freeway on/off ramps. 3. That the site for the intended development or use is adequate in size and shape to accommodate the use, in that the addition and remodel of the existing automobile dealership complies with the required development and design standards of the Car Country Carlsbad Specific Plan (SP 19(J)). The project is consistent with the required setbacks and has a proposed lot coverage of 20 percent, which is below the allowable lot coverage ·of 50 percent for properties which include a parking structure. The height of the sales office, service repair (including parts department) and the parking structure comply with the height limitations of the Car Country Specific Plan. 4. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested development or use to existing or permitted future development or use in the neighborhood will be provided and maintained, in that the site functions as a component of the PC RESO NO. 7430 -2- Specific Plan's allowed automobile sales, service, and auto-related uses. The project has been designed in accordance with all development and design standards of the Car Country Carlsbad Specific Plan {SP 19{J)) and, therefore, the project is compatible with existing permitted and future uses. Specifically, the proposed addition and remodel to the existing dealership will be setback from the property line along Car Country Drive a distance of 52'-10" {25-foot minimum), and 76 feet and 12'-8" along the sides of the property {10-foot minimum). In addition, adequate circulation, access aisles and parking spaces will be provided as well as landscaping. 5. That the street systems serving the proposed development or use is adequate to properly handle all traffic generated by the proposed use, in that access to the site will continue to be provided by one existing driveway along Car Country Drive. Coastal Development Permit CDP 2021-0008 6. 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 addition and remodel to the existing automobile dealership is consistent with the LCP Land Use Plan, which designates the site Regional Commercial (R) and allows for regional commercial-related uses. Furthermore, no agricultural activities, sensitive resources, geological instability, flood hazard, or coastal access opportunities exist onsite, and the development does not obstruct views of the coastline as seen from public lands or public right-of-way or otherwise damage the visual beauty of the coastal zone. 7. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that the property is not located adjacent to the shoreline. Therefore, the project will not interfere with the public's right to physical access to the ocean and the site is not suited for water-oriented recreational activities. 8. The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the city's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, BMP Design Manual and Jurisdictional Runoff Management Program (JRMP) to avoid increased urban runoff, pollutants, and soil erosion. No steep slopes or native vegetation is located on the subject property and the site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods, or liquefaction. 9. The project is not located in the Coastal Agriculture Overlay Zone, according to Map X of the Land Use Plan. Agricultural Conversion Mitigation Fees are not required in accordance with the provisions of the Coastal Agriculture Overlay Zone (Chapter 21.202 of the Zoning Ordinance). 10. The project is not located between the sea and the first public road parallel to the sea and therefore, is not subject to the provisions of the Coastal Shoreline Development Overlay Zone (Chapter 21.204 of the Zoning Ordinance). General Findings 11. 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; PC RESO NO. 7430 -3- therefore, the project is categorically exempt from the requirement for the preparation of an environmental document pursuant to Section 15301(e) -Existing Facilities -of the California Environmental Quality Act (CEQA) Guidelines (additions to existing structures provided that the addition will not result in an increase of 50 percent of the floor area of the structures before the addition, or 2,500 square feet). The proposed project adds 2,300 square feet, or 10.83% of the floor area, to the existing 21,237-square-foot dealership building. 12. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 3 and all city public facility policies and ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding sewer collection and treatment, water, drainage, circulation, fire, schools, parks and other recreational facilities, libraries, government administrative facilities, and open space, related to the project will be installed to serve new development prior to or concurrent with need. Specifically, a. The project has been conditioned to provide proof from the Carlsbad Unified School District that the project has satisfied its obligation for school facilities. b. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior to the issuance of building permit. c. The Local Facilities Management fee for Zone 3 is required by Carlsbad Municipal Code Section 21.90.050 and will be collected prior to issuance of building permit. 13. 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 proposed building (134 feet AMSL) is well below the Federal Aviation Regulation Part 77 obstruction surface of 439 feet AMSL at the project site, and thus notification is not required and the project is outside of the Airport Overflight Notification Area and recordation of an overflight notification is not required. The project is compatible with the projected noise levels of the ALUCP; and, based on the noise/land use compatibility matrix of the ALUCP, the proposed land use is compatible with the airport in that the proposed automobile dealership is located outside of the 60 dB CNEL noise contour and thus is not impacted by airport noise and the project site is located outside Safety Zones 1-6, thus, the proposed land use is considered compatible within the Airport Influence Area. 14. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of grading or building permit, whichever occurs first. 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 PC RESO NO. 7430 -4- granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the city's approval of this Site Development Plan and Coastal Development Permit. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Site Development Plan and Coastal Development Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 4. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the city arising, directly or indirectly, from (a) city's approval and issuance of this Site Development Plan and Coastal Development Permit, (b) city's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the city's approval is not validated. 6. 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. 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 PC RESO NO. 7430 -5- 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 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. Developer shall construct, install, and stripe not less than 76 parking spaces, as shown on Exhibit 5. 12. Prior to the issuance of the grading or building permit, whichever occurs first, Developer shall submit to the city a Notice of Restriction executed by the owner of the real property to be developed. Said notice is to be filed in the office of the County Recorder, subject to the satisfaction of the City Planner, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Site Development Plan and Coastal Development Permit by Resolution No. 7430 on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The City Planner has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 13. 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. 14. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Building Official and City Planner. 15. Any signs proposed for this development shall at a minimum be designed in conformance with the city's Sign Ordinance and the Car Country Carlsbad Specific Plan (SP 19) sign standards and shall require review and approval of the City Planner prior to installation of such signs. Changeable copy or flashing light signs are not permitted. Interior signs visible from the public right-of-way shall be counted towards the property's total sign allowance. Engineering 16. 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. 17. This project is approved upon the express condition that building permits will not be issued for the development of the subject property, unless the district engineer has determined that adequate water and sewer facilities are available at the time of permit issuance and will continue PC RESO NO. 7430 -6- to be available until time of occupancy. 18. Developer shall install sight distance corridors at all street intersections and driveways in accordance with City Engineering Standards. The property owner shall maintain this condition. 19. Property owner shall maintain all landscaping (street trees, tree grates, shrubs, ground cover, etc.) and irrigation along the parkway frontage with Car Country Drive as shown on the site plan. Fees/ Agreements 20. Developer shall cause property owner to execute and submit to the city engineer for recordation, the city's standard form Geologic Failure Hold Harmless Agreement. 21. Developer shall cause property owner to execute and submit to the city engineer for recordation the city's standard form Drainage Hold Harmless Agreement. 22. Developer shall cause property owner to submit an executed copy to the city engineer for recordation a city standard Permanent Stormwater Quality Best Management Practice Maintenance Agreement. Grading 23. Based upon a review of the proposed grading and the grading quantities shown on the site plan, a grading permit for this project is required. Developer shall prepare and submit plans and technical studies/reports as required by city engineer, post security and pay all applicable grading plan review and permit fees per the city's latest fee schedule. A grading permit will not be required if the applicant demonstrates through final grading quantity calculations that the total soil proposed to be moved does not exceed 200 cubic yards. Storm Water Quality 24. Developer shall comply with the city's Stormwater Regulations, latest version, and shall implement best management practices at all times. Best management practices include but are not limited to pollution control practices or devices, erosion control to prevent silt runoff during construction, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements. 25. Developer shall complete and submit to the city engineer a Determination of Project's SWPPP Tier Level and Construction Threat Level Form pursuant to City Engineering Standards. Developer shall also submit the appropriate Tier level Storm Water Compliance form and appropriate Tier level Storm Water Pollution Prevention Plan (SWPPP) to the satisfaction of the city engineer. Developer shall pay all applicable SWPPP plan review and inspection fees per the city's latest fee schedule. PC RESO NO. 7430 -7- 26. Developer shall complete the City of Carlsbad Standard Stormwater Requirement Checklist Form. Developer is responsible to ensure that all final design plans, grading plans, and building plans incorporate applicable best management practices (BMPs). These BMPs include site design, source control and Low Impact Design (LID) measures including, but not limited to, minimizing the use of impervious area (paving), routing run-off from impervious area to pervious/landscape areas, preventing illicit discharges into the storm drain and adding storm drain stenciling or signage all to the satisfaction of the city engineer. 27. This project is subject to Trash Capture requirements. Developer shall prepare and process a Trash Capture Storm Water Quality Management Plan (TCSWQMP), subject to city engineer approval, to comply with the Carlsbad BMP Design Manual latest version. The final TCSWQMP required by this condition shall be reviewed and approved by the city engineer with final grading plans and/or building plans, whichever occurs first. Developer shall pay all applicable SWQMP plan review and inspection fees per the city's latest fee schedule. Dedications/Improvements 28. Prior to any work in city right-of-way or public easements, Developer shall apply for and obtain a right-of-way permit to the satisfaction of the city engineer. 29. Developer shall design all proposed public improvements including but not limited to American Disability Act compliant transitional sidewalk at the driveway entrance as shown on the site plan. These improvements shall be shown on one of the following, subject to city engineer approval: A. Grading plans processed in conjunction with this project; or B. Construction Revision to an existing record public improvement drawing Developer shall pay plan check and inspection fees using improvement valuations in accordance with the city's current fee schedule. Developer shall apply for and obtain a right-of-way permit prior to performing work in the city right-of-way. Code Reminders The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 30. 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 tentative map are for planning purposes only. 31. Developer shall pay planned local area drainage fees in accordance with Section 15.08.020 of the City of Carlsbad Municipal Code to the satisfaction of the city engineer. Fees 32. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by Council Policy No. 17. PC RESO NO. 7430 -8- 33. Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management fee for Zone 3 as required by Carlsbad Municipal Code Section 21.90.050. General 34. 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. 35. 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. 36. 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. NOTICE TO APPLICANT An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad Village Drive, Carlsbad, California, 92008, within ten (10) calendar days of the date of the Planning Commission's decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section 21.54.150, the appeal must be in writing and state the reason(s) for the appeal. The City Council must make a determination on the appeal prior to any judicial review. NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a) and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. PC RESO NO. 7430 -9-