HomeMy WebLinkAbout2019-06-25; City Council; Resolution 2019-108RESOLUTION NO. 2019-108
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW
ELECTRIC VEHICLE SALES AND SERVICE IN AN EXISTING INDUSTRIAL
BUILDING LOCATED AT 3248 LIONSHEAD AVENUE IN LOCAL FACILITIES
MANAGEMENT ZONE 18.
CASE NAME:
CASE NO.:
TESLA-SALES AND SERVICE CENTER
CUP 2018-0017 (DEV2018-0155)
WHEREAS, the City Council of the City of Carlsbad, California has determined that pursuant to
the provisions of the Municipal Code, the Planning Commission did, on April 17, 2019, hold a duly
noticed public hearing as prescribed by law to consider Conditional Use Permit No. CUP 2018-0017, as
referenced in Planning Commission Resolution No. 7320; and the Planning Commission adopted
Planning Commission Resolution No. 7320 recommending to the City Council that it be approved; and
WHEREAS, the City Council of the City of Carlsbad held a duly noticed public hearing to consider
said Conditional Use Permit; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if
any, of all persons desiring to be heard, the City Council considered all factors relating to the
Conditional Use Permit.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1. That the above recitations are true and correct.
2. That the recommendation of the Planning Commission for the approval of Conditional
Use Permit No. CUP 2018-0017, is approved, and that the findings and conditions of the Planning
Commission contained in Planning Commission Resolution No. 7320 on file with the City Clerk and
incorporated herein by reference, are the findings and conditions of the City Council.
3. That the following condition is added to Conditional Use Permit No. CUP 2018-0017:
Retail vehicle inventory shall not exceed 72 vehicles in the parking area outside of the building. All
vehicles shall be parked within an approved, marked, parking space. At no point shall the on-site
inventory exceed the number of surplus parking spaces calculated pursuant to the applicable parking
ratio(s) for the project.
4. This action is final the date this resolution is adopted by the City Council. The Provisions
of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review" shall apply:
June 25, 2019 Item #11 Page 22 of 62
"NOTICE"
The time within which judicial review of this decision must be sought is governed by Code of Civil
Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad
Municipal Code Chapter 1.16. Any petition or other paper seeking review must be filed in the
appropriate court not later than the ninetieth day following the date on which this decision becomes
final; however, if within ten days after the decision becomes final a request for the record is filed with
a deposit in an amount sufficient to cover the estimated cost or preparation of such record, the time
within which such petition may be filed in court is extended to not later than the thirtieth day following
the date on which the record is either personally delivered or mailed to the party, or his attorney of
record, if he has one. A written request for the preparation of the record of the proceedings shall be
filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA 92008.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 25th day of June, 2019, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
Hall, Blackburn, Bhat-Patel, Schumacher, Hamilton.
None.
None.
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~ARBARA ENGLESON, City Clerk
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June 25, 2019 Item #11 Page 23 of 62
settings to meet shopping, recreation and service needs of residents and visitors. The proposed
electric vehicle dealership provides electric vehicle sales and service to surrounding residents
and employees of the region, within an existing industrial park. Additionally, General Plan
Mobility Policy 3-P.18 encourages emerging technology for transportation to support the city's
workforce, residents and tourists. The Carlsbad Raceway Specific Plan directly implements this
policy by providing the allowance for electric vehicle dealerships, which represent emerging
energy technology in the sales and service of fully-electric vehicles.
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 Planned Industrial (P-M) Zone and
the Carlsbad Raceway Specific Plan allow for office uses, manufacturing, research and
development and other conditionally-permitted uses, including electric vehicles sales and auto
repair within Planning Area 1. The proposed electric vehicle dealership is consistent with other
types and intensity of uses allowed in the P-M zone and Specific Plan area. The electric vehicle
sales and repair will operate inside an existing building which screens the use from adjacent
properties and helps to minimize noise. The use is subject to the performance standards listed
in the Specific Plan and Carlsbad Municipal Code Sections 21.34.090 and 21.42.140.8.17 which
address noise, odors, vibration, air quality and outdoor storage. Furthermore, the project has
been conditioned to comply with the requirements of the noise study (Charles M. Salter
Associates Inc., dated May 25, 2018) for the auto repair portion of the project.
3. That the site for the proposed conditional use 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 electric vehicle dealership will occupy an approximately 54,000-square-foot building
with existing onsite landscaping and parking and requires no site alterations or additional
amenities. Furthermore, the project complies with all required development standards of the
P-M Zone and design guidelines of the Carlsbad Raceway Specific Plan. No exterior changes that
would affect the existing building's architecture quality, materials, and massing will occur. The
existing building is adequate in size and shape to accommodate the proposed electric vehicle
dealership, as shown on Exhibits "A" -"H." The electric vehicle dealership requires 59 parking
spaces per the Carlsbad Municipal Code and the property has 136 parking spaces. Therefore,
the proposed use meets all parking requirements with a surplus of 77 parking spaces.
4. That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the project is provided access from Lionshead Avenue,
an industrial street, which is accessed from Melrose Drive and Eagle Drive and is currently
operating at an acceptable level of service. The 372 average daily trips associated with the
electric vehicle dealership can be accommodated by the existing street system.
Conditions:
NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to building permit
issuance or occupancy, 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 re',(pke 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
PC RESO NO. 7320 -2-
June 25, 2019 Item #11 Page 32 of 62
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 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-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 submittal of the building plans, improvement plans, grading plans, or final map, whichever
occurs first, developer shall submit to the City Planner, a 24" x 36" copy of the Site Plan,
conceptual grading plan and preliminary utility plan reflecting the conditions approved by the final
decision-making body. The copy shall be submitted to the City Planner, reviewed and, if found
acceptable, signed by the city's project planner and project engineer. If no changes were required,
the approved exhibits shall fulfill this condition.
7. This project shall comply with all conditions and mitigation measures which are required as part
of the Zone 18 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 a building permit or a business license is not issued for
auto repair within 24 months from the date of project approval.
9. If electric vehicle sales fail to commence within four (4) years from the date of project approval,
this Conditional Use Permit shall only be valid for auto repair unless amended pursuant to
Carlsbad Municipal Code Section 21.54.125 to reinstate electric vehicle sales.
10. 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.
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June 25, 2019 Item #11 Page 33 of 62
11. 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
18, 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.
12. Prior to the issuance of the building permit or occupancy, 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. 7320 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. 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.
14. 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.
15. The project shall comply with the requirements of the noise study (Charles M. Salter Associates
Inc., dated May 25, 2018) which lists the following requirements to meet city noise standards
as measured at the property line.
a. The tire balance machine shall be located out of direct line-of-sight to the property line
through any open doors.
b. The supercharger and cooling fan shall be located at least 55 feet from the property
line.
c. All rooftop mechanical equipment must be no louder than 85 dBA at five feet or have
screening that is sound-isolating to go above 85 dBA.
16. All lighting shall be designed to reflect downward and avoid any impacts on the adjacent
properties. If additional exterior lighting is proposed at a later date, the developer shall submit
and obtain City Planner approval of an exterior lighting plan including parking areas.
17. This approval shall supersede CUP 2018-0007 -TESLA-SERVICE STATION, and CUP 2018-0007
shall be null and void.
18. CUP 2018-0017 shall be reviewed by the City Planner annually to determine if all conditions of
this permit have been met and that the use does not have a substantial negative effect 011
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
PC RESO NO. 7320 -4-
June 25, 2019 Item #11 Page 34 of 62