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
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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;
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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
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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
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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
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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.
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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.
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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.
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