HomeMy WebLinkAboutCUP 2018-0007; TESLA - SERVICE STATION; Admin Decision LetterJune 12, 2018
Bill Hofman
Hofman Planning & Engineering
3152 Lionshead Avenue
Carlsbad, CA 92010
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Carlsbad
SUBJECT: CUP 2018-0007 (DEV2018-0069)-TESLA-SERVICE STATION -Request for approval of a
Minor Conditional Use Permit (CUP 2018-0007) to allow an auto repair use within an
existing 55,573 square foot building at 3248 Lionshead Avenue, in the Planned Industrial
(P-M) Zone.and Local Facilities Management Zone 18.
Dear Mr. Hofman,
The City Planner has completed a review of your application for a Minor Conditional Use Permit CUP 2018-
0007 for an auto repair use within an existing 55,573 square foot building at 3248 Lionshead Avenue. A
notice was sent to property owners within a 300' radius of the subject property requesting comments
regarding the above request. No comments were received within the ten-day notice period (ending on
May 21, 2018). After careful consideration of the circumstances surrounding this request, the City Planner
has determined that the findings required for granting a Minor Conditional Use Permit can be made and
therefore, APPROVES this request based on the following findings and conditions.
Findings:
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 auto repair use will help.meet
the auto repair needs of the surrounding business park users and residents.
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 P-M zone currently allows for office uses,
manufacturing, research and development and other conditionally permitted uses, including auto
repair. The proposed auto repair use is consistent with other types and intensity of uses allowed in
the P-M zone. The auto repair use will operate inside an existing building which screens the use
from adjacent properties and helps to minimize noise. Furthermore, the auto repair use is subject
to the performance standards listed in Carlsbad Municipal Code Sections 21.34.090 and
21.42.140.8.17 which address noise, odors, vibration, air quality and outdoor storage.
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 prescribe~ in this code and required by the City Planner in order to integrate
the use with other uses in the neighborhood in that the auto repair use will operate within an existing
Community & Economic Development
Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 760-602-4600 I 760-602-8560 f I www.carlsbadca.gov
CUP 2018-0007 (DEV2018-0069) -TESLA-SERVICE STATION
June 12, 2018
Page 2
55,573 square foot building that has existing landscaping and parking. The auto repair use only
requires minor site alterations such as the addition of exterior roll-up doors for vehicle access to
and from the building. The 134 parking spaces on-site more than accommodate the 67 parking
spaces required by the Carlsbad Municipal Code. No other fences, \/\(alls, parking, or landscaping is
proposed or required to accommodate the auto repair use.
4. That the street system serving the proposed use is adequate to properly handle all traffic generated
by the propqsed 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 1,056 average daily trips associated with the auto repair use can be
accommodated by the existing street system.
5. That the City Planner has determined that the project belongs to a class of projects that the State
Secretary for Resources has found do not have a significant impact on the environment, and it is
therefore categorically exempt from the requirement for the preparation of environmental
documents pursuant to Section 15301 -Existing Facilities of the state CEQA Guidelines. In making
this determination, the City Planner has found that the exceptions listed in Section 15300.2 of the
state CEQA Guidelines do not apply to this project.
6. That the request for a Minor Conditional Use Permit was adequately noticed at least ten (10) calendar
days before the date of this decision pursuant to Section 21.54.060 of the Carlsbad Municipal Code.
7. The City Planner has reviewed each of the exactions imposed on the Developer contained in this
approval letter, 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:
1. Approval is granted for CUP 2018-0007 as shown on Exhibits "A" -"H" dated June 12, 2018 on file in
the Planning Division and incorporated herein by reference. Development shall occur substantially as
shown unless otherwise noted in these conditions.
2. 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 Minor Conditional Use Permit.
3. Staff is authorized and directed to make, or require the Dev~loper to make, all corrections and
modifications to the CUP 2018-0007 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.
CUP 2018-0007 (DEV2018-0069}-TESLA-SERVICE STATION
June 12, 2018
Pa e 3
4. The 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 Minor Conditional Use Permit, (b) City's approval or issuance of any permit or action, whether
discretionary or non-discretionary, in connection with the use contemplated herein, and (c)
Developer/Operator's installation and operation of the facility permitted hereby, including without
limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or
other energy waves or emissions.
5. The Developer shall comply with all applicable provisions of federal, state, and local ordinances in
effect at the time of building permit issuance.
6. 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.
7. CUP 2018-0007 shall be reviewed by the City Planner on a yearly basis to determine if all conditions
of this permit have been met and that the use does not have a substantial negative effect on
surrounding properties or the public health, safety and general welfare. If the City Planner determines
that: 1) the minor conditional use permit was obtained by fraud or misrepresentation; or 2) the use
for which such approval is granted is not being exercised; or 3) the conditions of approval have not
. been met; or 4) the minor conditional use permit is being or recently has been exercised contrary to
any of the _terms or conditions of approval; or 5) th.e use for which such approval was granted has
ceased to exist or has been suspended for one year or more; or 6) the use is in violation of any statute,
ordinance, law or regulation; or 7) the use permitted by the minor 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 hold an informal public hearing and after providing the permittee
the opportunity to be heard, the City Planner may revoke and terminate the minor conditional use
permit in whole or in part, reaffirm the minor conditional use permit, modify the conditions or impose
new conditions.
8. This Conditional Use Permit is granted without an expiration date. 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.
9. Prior to the issuance of a building permit, owner/applicant shall submit to the city a Notice of
Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the City
Planner, notifying all interested parties and successors in interest that the City of Carlsbad has issued
a Minor Conditional Use Permit on the real property owned by the owner/applicant. 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
N<;>tice 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
owner/applicant or successor in interest.
10. 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.
CUP 2018-0007 (DEV2018-0069) -TESLA-SERVICE STATION
June 12, 2018
Pa e 4
11. 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.
12. The project shall comply with all performance standards and requirements listed in Carlsbad
Municipal Code Sections 21.34.090 and 21.42.140.B.17.
13. The project's equipment shall be placed consistent with the parameters stated in the Noise Analysis
by Charles M. Salter Associates Inc, dated May 25, 2018.
14. Developer shall report, in writing, to the City Planner within 30 days, any address change from that
which is shown on the permit application.
15. 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.
Code Reminders:
16. 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.
17. Premi~e identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section
18.04.320.
CUP 2018-0007 {DEV2018-0069) -TESLA-SERVICE STATION
June 12, 2018
Pa e 5
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 the 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.
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.
This decision may be appealed by you or any other member of the public to the Planning Commission
within ten days of the date of this letter. Appeals must be submitted in writing to the Planning Division
at 1635 Faraday Avenue in Carlsbad, along with a payment of $850.00. The filing of such appeal within
such time limit shall stay the effective date of the order of the City Planner until such time as a final
decision on the appeal is reached. If you have any questions regarding this matter, please feel to contact
Chris Garcia at 760-602-4622.
Sincerely,
--re_-~
TERI DELCAMP
Principal Planner
TD:CG:dh
c: Don Neu, City Planner
David Rick, Project Engineer
Ben Badiee, 1261 Prospect Street, Suite 9, La Jolla, CA 92037
Diana Tran, Tesla, 901 Paige Avenue, Freemont, CA 94538
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