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HomeMy WebLinkAbout2021-06-16; Planning Commission; ; CUP 2020-0008 (DEV2020-0225) – BMW ANCILLARY FACILITIES Item No. Application complete date: May 17, 2021 P.C. AGENDA OF: June 16, 2021 Project Planner: Esteban Danna Project Engineer: David Rick SUBJECT: CUP 2020-0008 (DEV2020-0225) – BMW ANCILLARY FACILITIES - Request for approval of 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, located on two properties totaling 4.67 acres at 5215 and 5245 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. The project site is not located within the appealable area of the California Coastal Commission. The City Planner has determined that this 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 is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to section 15301 – Existing Facilities of the state CEQA guidelines. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 7417 APPROVING Conditional Use Permit, CUP 2020-0008 and Coastal Development Permit CDP 2020-0037 based on the findings and subject to the conditions contained therein. II. PROJECT DESCRIPTION AND BACKGROUND Background: Specific Plan 19, originally approved in 1972 as the Tri-City Auto Center Specific Plan, established the original 50-acre auto center area, located east of Interstate 5 along the east and west sides of Paseo Del Norte and south of Cannon Road. The original specific plan required the architecture to follow a Spanish motif. In 1984, the first amendment was approved (SP 19(A)) which changed the name of the specific plan area to Car Country and implemented development standards such as setbacks, for the overall development. The Car Country Expansion Amendment (SP 19(C)), approved in 1987, incorporated the area immediately west of Car Country Drive and south of Cannon Road into Specific Plan 19. Since the Car Country Expansion Amendment was approved, several additional comprehensive updates/amendments to the Specific Plan have been subsequently approved to clarify and expand the uses, parking and signage requirements. The current Car Country Carlsbad Specific Plan is identified as Specific Plan 19 (J) (SP-19(J)). The project site is located on the southwest corner of Auto Center Court and Car Country Drive and is identified as Parts 1 and 2 of Lot 4 in the Car Country Carlsbad expansion area. In addition, the site is located within the General Commercial and Qualified Development Overlay zones (C-2-Q) as well as the Mello II Segment of the coastal zone. The project is not located within the California Coastal Commission's appeal area. 1 PLANNING COMMISSION Staff Report . 0 CUP 2020-0008 (DEV2020-0225) – BMW ANCILLARY FACILITIES June 16, 2021 Page 2 The two properties, totaling 4.67 acres, were originally developed as two separate automobile dealerships (“automobile dealerships” are synonymous with “motor vehicle dealerships” in SP-19(J)). Currently, there are three vacant buildings. The combined area for the three existing buildings is 37,166 square feet. As automobile dealerships, these buildings included the retail sales, leasing, renting, and servicing of new and used automobiles. Access to the site is provided via three driveways, one at Car Country Drive and two at Auto Center Court. Project Description: The project consists of the change of use from automobile dealership uses (which typically includes auto repair) to auto repair and auto rental and leasing uses. The proposed auto repair component will include smog testing services and automobile collision repair (auto body and paint). These auto uses are ancillary to the recently approved BMW automobile dealership sales and service building adjacent to the site located at 1060 Auto Center Court. The project also proposes interior remodels/tenant improvements to accommodate the new uses. The project does not propose any changes to the exterior of the existing buildings except for new beige paint. The two properties are currently developed with three buildings. The property at 5215 Car Country Drive is developed with one building, Building 1, and the property at 5245 Car Country Drive is developed with two buildings, Building A toward the front and Building B toward the rear of the property. Within Building 1, the project proposes a BMW Collision Center, this includes a 13,855-square-foot auto repair workshop with 17 work bays and 8,363 square feet of related office space. Within Building A, the project proposes automobile rental uses totaling 8,103 square feet. Within Building B, the project proposes a 3,465-square- foot auto repair workshop featuring eight work bays: five used for automobile smog services and three used for rental-car detailing. Building B also has 1,804 square feet of smog service office area and 1,576 square feet of storage space. The proposed change in use requires 134 parking spaces. A surplus of parking is provided for the uses on each property, with 25 surplus parking spaces provided on both properties. The total number of parking spaces provided include spaces for customers, employees, cars being serviced, dealership inventory, and surplus parking. A 24-foot-wide internal access drive aisle is provided throughout the properties for circulation and emergency services access. Table 1 below identifies the General Plan and zoning designations of the project site and surrounding properties as well as the current land uses. TABLE 1 – SITE AND SURROUNDING LAND USES Location General Plan Designation Zoning Current Land Use Site R (Regional Commercial) C-2-Q (General Commercial) Automobile dealership North R (Regional Commercial) C-2-Q (General Commercial) Automobile dealership South R (Regional Commercial) C-2-Q (General Commercial) Automobile dealership East OS (Open Space) CR-A/OS (Cannon Road Agricultural/Open Space) Agriculture West R (Regional Commercial) C-2 (General Commercial) Automobile dealership III. ANALYSIS The project is subject to the following plans, ordinances and standards: CUP 2020-0008 (DEV2020-0225) – BMW ANCILLARY FACILITIES June 16, 2021 Page 3 A. Regional Commercial (R) General Plan Designation; B. Specific Plan – SP 19(J) – Car Country Carlsbad Specific Plan; C. Zoning Ordinance (CMC Title 21), Chapters 21.06 (Qualified Development Overlay Zone) and 21.28 (C-2 General Commercial and Zone); D. Conditional Use Permit Regulations (CMC Chapter 21.42) E. McClellan-Palomar Airport Land Use Compatibility Plan (ALUCP); and F. Growth Management (Local Facilities Management Zone 3). The recommendation for approval of this project was developed by analyzing the project's consistency with the applicable regulations and policies. The following analysis section discusses compliance with each of these regulations/policies utilizing both text and tables. A. Regional Commercial (R) General Plan Designation The site has a Regional Commercial (R) General Plan Land Use designation. The R designation identifies areas that are intended for commercial centers that draw customers from outside of the City, such as automobile services. For this reason, R designated properties are customarily located on sites that are visible as well as accessible from interchange points between highways and freeways. Table 2 identifies General Plan goals and objectives relevant to the proposed project and describes the compliance of the proposal. TABLE 2- GENERAL PLAN COMPLIANCE ELEMENT GOALS AND POLICIES PROJECT CONSISTENCY COMPLY Land Use Goal 2-G.3 Promote infill development that makes efficient use of limited land supply, while ensuring compatibility and integration with existing uses. Ensure that infill properties develop with uses and development intensities supporting a cohesive development pattern. Goal 2-G.8 Provide opportunities for continued economic growth and vitality that enhance Carlsbad’s position as a premier regional employment center. Policy 2-P.25 Ensure that commercial development is designed to include: The proposed change of use on Parts 1 and 2 of Lot 4 of the Car Country Carlsbad Specific Plan (SP 19(J)) allows for the efficient use of existing vacant buildings. The proposed automobile repair/service and automobile rental uses are compatible with the surrounding existing uses as they are an extension of the adjacent BMW dealership. The infill property is currently developed with vacant automobile dealership buildings. 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 Yes CUP 2020-0008 (DEV2020-0225) – BMW ANCILLARY FACILITIES June 16, 2021 Page 4 a. Integrated landscaping, parking, signs, and site and building design b. Common ingress and egress, safe and convenient access and internal circulation, adequate off-street parking and loading facilities. Each commercial site should be easily accessible by pedestrians, bicyclists, and automobiles to nearby residential development. c. Architecture that emphasizes establishing community identity while presenting tasteful, dignified and visually appealing designs compatible with their surroundings. d. A variety of courtyards and pedestrian ways, bicycle facilities, landscaped parking lots, and the use of harmonious architecture in the construction of buildings. required standards, including onsite landscaping, parking, and site design. Three areas of ingress/egress are proposed to provide safe and convenient access to the site. The existing buildings feature Spanish/ Mediterranean architectural design, which is consistent with the Car Country Carlsbad Specific Plan, SP 19(J). Mobility Goal 3-G.1 Keep Carlsbad moving with livable streets that provide a safe, balanced, cost-effective, multi- modal transportation system (vehicles, pedestrians, bikes, transit), accommodating the mobility needs of all community members, including children the elderly and the disabled. Policy 3-P.5: Require developers to construct or pay their fair share toward improvements for all travel modes consistent with the Mobility Element, the Growth Management Plan, and specific impacts associated with their development. All required roadway improvements were constructed in conjunction with the existing development on site. 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. The project is consistent with the city’s Growth Management Plan and Mobility Element. Yes CUP 2020-0008 (DEV2020-0225) – BMW ANCILLARY FACILITIES June 16, 2021 Page 5 Open Space and Conservation Goal 4-G.14 Promote the protection of Carlsbad’s creeks, lagoons, ocean and other natural water bodies from pollution. Policy 4-P.50 Prevent agricultural run-off and other forms of water pollution from entering the storm drain system and polluting the city’s water bodies. The project is subject to and complies with all minimum stormwater requirements. Yes Noise Goal 5-G.2 Ensure that new development is compatible with the noise environment, by continuing to use potential noise exposure as a criterion in land use planning. Goal 5-G.4 Ensure long-term compatibility between the airport and surrounding land use. Policy 5.P.2 Require a noise study analysis be conducted for all discretionary development proposals located where projected noise exposure would be other than “normally acceptable.” Pursuant to the Noise Impact Analysis report prepared for the project (Eliar Associates, Inc., August 31, 2020), the project is consistent with the Noise Element of the General Plan and no noise mitigation measures are required. Yes Public Safety Goal 6-G.1 Minimize injury, loss of life, and damage to property resulting from fire, flood, hazardous material release, or seismic disasters. Goal 6-G.2 Minimize safety hazards related to aircraft operations in areas around the McClellan-Palomar Airport. Policy 6-P.6 Enforce the requirements of Titles 18, 20, and 21 pertaining to drainage and flood control when The existing buildings comply with drainage, flood control and seismic design standards. Adequate fire access is provided at all points around the buildings. The project will meet all required Building and Fire codes. Additionally, the project is consistent with the McClellan- Palomar Airport Land Use Compatibility Plan (ALUCP) as detailed in the Analysis Section E. Yes CUP 2020-0008 (DEV2020-0225) – BMW ANCILLARY FACILITIES June 16, 2021 Page 6 reviewing applications for building permits and subdivisions. Policy 6-P.34 Enforce the Uniform Building and Fire codes, adopted by the city, to provide fire protection standards for all existing and proposed structures. Economy, Business Diversity, and Tourism Goal 8-G.2 Facilitate retention, expansion, attraction and incubation of businesses that meet the city’s economic development objectives. Goal 8-G.4 Establish land use priorities based on economic criteria and long- term community needs; reserve sites for designated uses rather than accepting any development. The proposed automobile services and rental will generate tax revenue and jobs and provide goods and services to residents in the city. The property is located within the Car Country Carlsbad Specific Plan (SP 19(J)), which specifically allows and encourages the proposed land use. Yes Sustainability Goal 9-G-2 Undertake initiatives to enhance sustainability by reducing the community’s greenhouse gas (GHG) emissions and fostering green development patterns- including buildings, sites, and landscapes. Goal 9-G.3 Promote energy efficiency and conservation in the community. Policy 9-P.1 Enforce the Climate Action Plan as the city’s strategy to reduce greenhouse gas emissions. The city’s Climate Action Plan (CAP) ordinances have requirements related to energy efficiency, photovoltaic and electric vehicle charging. Upon analysis, the project is subject to and complies with the non- residential energy efficiency standards. Additionally, as required, a Transportation Demand Management (TDM) Plan was submitted and reviewed. Yes B.Specific Plan 19(J) – Car Country Carlsbad Specific Plan The subject site is located within the boundaries of Specific Plan 19(J). Pursuant to Section II(B)(1)(a)(3) of Part 3 of the Car Country Carlsbad Specific Plan, SP 19(J), a Site Development Plan is not required as the project does not propose an enlargement of the existing buildings. As demonstrated in Table 3 below, CUP 2020-0008 (DEV2020-0225) – BMW ANCILLARY FACILITIES June 16, 2021 Page 7 the proposed project is consistent with the design guidelines and development standards contained in the Specific Plan. TABLE 3- SPECIFIC PLAN COMPLIANCE STANDARD REQUIRED PROPOSED COMPLY Parking Building 1 Administrative Offices/Sales 1 space/400 SF, 20% required as customer parking 8,363 SF/400 = 21 total spaces 20% of 21 = 5 customer spaces Repair/Service 4 spaces/work bay for first 3 bays, 2 spaces per bay in excess of 3 17 work bays 4(3 bays) + 2(14 bays) = 40 spaces Building A Car Rental Agency 1 space/250 SF for customers and employees plus rental car fleet parking through a fleet parking plan 2,334 SF/250 = 10 total spaces 28 rental fleet spaces Storage 1 space /1,000 SF 5,769/1,000= 6 total spaces Building B Administrative Offices/Sales 1 space/400 SF, 20% required as customer parking 1,804 SF/400 = 5 total spaces 20% of 5 = 1 customer space Building 1 Administrative Offices/Sales 21 total spaces (5 customer spaces) Repair/Service 40 total spaces Building 1 Surplus 14 surplus parking spaces provided Building A Car Rental Agency 10 spaces for customers and employees 28 spaces for rental fleet Storage 6 spaces provided Building A Surplus 9 surplus parking spaces provided Building B Administrative Offices/Sales 5 total spaces (1 customer space) Yes CUP 2020-0008 (DEV2020-0225) – BMW ANCILLARY FACILITIES June 16, 2021 Page 8 STANDARD REQUIRED PROPOSED COMPLY Repair/Service 4 spaces/work bay for first 3 bays, 2 spaces per bay in excess of 3 8 work bays 4(3 bays) + 2(5 bays) = 22 spaces Storage 1 space /1,000 SF 1,576/1,000= 2 total spaces Site-wide Inventory Permitted as long as required customer and employee parking are provided TOTAL REQUIRED Sales/Admin: 26 spaces Repair/Service: 62 spaces Storage: 8 Rental Agency: 10 spaces plus 28 rental fleet spaces Additional spaces: not required Total Required: 134 spaces Repair/Service 22 total spaces Storage 2 spaces provided Building B Surplus 2 surplus parking spaces provided Site-wide Inventory 141 spaces TOTAL PROPOSED Sales/Admin: 26 Repair/Service: 62 spaces Storage: 8 Rental Agency: 10 spaces plus 28 rental fleet spaces Additional spaces: 141 inventory spaces 25 surplus spaces Total Proposed: 300 spaces Building Setbacks Front (Car Country Drive): 25 feet Side: 10 feet Street Side: 25 feet Rear: none required Front (Car Country Drive): 96 feet* Side: 13 feet* Street Side: 71 feet* Rear: 94 feet* (*all setbacks are existing, no changes are proposed) N/A Building Height Building: 35 feet, two stories max Height Protrusions: 45 feet max per CMC Section 21.46.020 All buildings are existing. No changes are proposed. Building 1: 28’ – 10” Building A: 51’ – 9” Building B: 23’ – 6” N/A Building Coverage 25% 14% existing N/A Architectural Design Spanish or Mediterranean motif The existing buildings feature Spanish/ Mediterranean architectural design, which is consistent with the Car Country Carlsbad Specific Plan, SP 19(J). The project does N/A CUP 2020-0008 (DEV2020-0225) – BMW ANCILLARY FACILITIES June 16, 2021 Page 9 STANDARD REQUIRED PROPOSED COMPLY not propose any changes to the exterior of the existing buildings except for new paint. C.Zoning Ordinance (CMC Title 21), Chapters 21.06 (Qualified Development Overlay Zone) and 21.28 (C-2 General Commercial and Zone); The subject property is zoned General Commercial with a Qualified Development Overlay (C-2-Q). As the property is located within the boundaries of the Car Country Carlsbad Specific Plan, the C-2-Q zone is superseded by the Car Country Carlsbad Specific Plan, which allows for new and used auto sales as well as automobile service-related uses. Additionally, the project falls within the boundaries of the Commercial/Visitor-Serving Overlay Zone. However, pursuant to Carlsbad Municipal Code (CMC) Section 21.208.030, automobile dealership-related uses located within the Car Country Carlsbad Specific Plan area are not subject to the development standards or processing procedures of the Commercial/Visitor-Serving Overlay Zone. The property is located in the Qualified Development Overlay Zone. However, the Qualified Development Overlay Zone, specifically CMC Section 21.06.040(3), exempts the project from the requirement of a Site Development Plan as the project does not propose an enlargement of the existing buildings. D.Conditional Use Permit Regulations (CMC Chapter 21.42) The proposed auto service and auto rental and leasing uses are conditionally permitted uses in the Car Country Carlsbad Specific Plan pursuant to Section III(A)(1) of Part 3. Accordingly, the use of the property with conditionally permitted uses requires the finding that the use is associated with an existing or proposed automobile dealership in Car Country Carlsbad and that no new automobile dealerships are available at the time of approval. The proposed uses are directly associated with the proposed BMW automobile dealership located adjacent (across Auto Center Court) to the subject site. The applicant has submitted a letter identifying that at this time, no dealerships are looking to occupy the subject properties (Exhibit 4). Additionally, Section III(A)(1) of Part 3 of SP 19(J) states that if a new car dealership becomes available, the conditionally approved uses shall be abated or modified so that the new automobile dealership becomes the primary use of the site. A condition to this effect is included in the subject resolution (condition no. 14 in Attachment 1). E.McClellan-Palomar Airport Land Use Comprehensive Plan (ALUCP) The proposed project falls within the Airport Influence Area (AIA) boundaries of the McClellan-Palomar Airport Land Use Compatibility Plan (ALUCP). All projects within the AIA are required to be reviewed for consistency with the goals and policies of the ALUCP. The ALUCP identifies four types of airport impacts that must be considered for each development: Noise, Safety, Airspace Protection, and Overflight. 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 impacted by airport noise; 2) the existing buildings are well below the Federal Aviation Regulation (FAR) Part 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. I I CUP 2020-0008 (DEV2020-0225) – BMW ANCILLARY FACILITIES June 16, 2021 Page 10 F.Growth Management The proposed project is located within Local Facilities Management Zone 3 in the northwest quadrant of the City. The impacts on public facilities created by the project, and its compliance with the adopted performance standards, are summarized in Table 4 below: TABLE 4 – GROWTH MANAGEMENT Standard Impacts Comply City Administration N/A N/A Library N/A N/A Wastewater Treatment 18.78 EDU (Net gain) Yes Parks N/A N/A Drainage 0 CFS Yes Circulation -274 ADT (Net loss)Yes Fire District No. 4 Yes Open Space N/A N/A Schools N/A N/A Sewer Collection System 11,077 GPD Yes Water 4,432 GPD Yes IV.ENVIRONMENTAL REVIEW 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; 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. A Notice of Exemption will be filed by the City Planner upon project approval. ATTACHMENTS: 1.Planning Commission Resolution No. 7417 2.Location Map 3.Disclosure Statement 4.Letter Confirming that No New Dealerships are Available 5.Reduced Exhibits 6.Exhibits “A” – “P” dated June 16, 2021 CANNON RD P A S EO DELNORTE A V E N I D A ENCINAS CAR COUN TR Y DR I-5 C A N N O N S B O N R A M P I-5 C A N N O N N B O N RA M P AUTO C E N T E R C T CUP 2020-0008 BMW Ancillary Facilities SITE MAP J SITE E L C AMINO R E A LLA COSTA AV A L G A R DCARLSBAD B L ATTACHMENT 2 ATTACHMENT 3 DISCLOSURE STATEMENT p .. 1(A) Develo ment Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.car!sbadca,gov Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of appHcation submittaL Your project cannot be reviewed until this information is completed. Please print 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financlal interest in the appHcation. If the applicant includes a corporatlon or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares, !F NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE. (NIA) IN THE SPACE BELOW, If a public!y"'owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person __________ _ Corp/Part AN MOTORS OF FT. LAUOERW\lJf, lNC,, a FMrlda (;,:wp Title ___________ _ Address _________ _ Address 200 SW tsr AVENUE, 14TH FL FortL!,\lderrla1e, FL33$01 2. OWNER (Not the owner's agent) Provtde the COMPLETE,. LEGAL names and addresses of ALL persons having any ownershlp interest in the property involved. Also, provide the nature of the legal ownership (Le., partnership, tenants in common, non-profit, corporation, etc.), If the ownership includes a corporationor partnershiR, include the names, titles, addresses of aH individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10°/o OF THE SHARES, PLEASE INDICATE NON-APPUCABLE (NIA) IN THE SPACE BELOW. lf a oubliciy~owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.} Person_· _________ _ Corp/Part ANMOTORS Of' FT .. LAUOEROALE, tNC < a Ffnrida C<'Jl'p Title ___________ _ 200 SW 1ST AVENUE, 14TH FL, Fort Lauderdale, FL 33301 Page 1 of 2 Revised 07110 ATTACHMENT 4 --Hofman Planning & Engineering Planning Civil Engineering Fiscal Services Coastal May 18, 2021 To whom it may concern, This letter is being written by Hofman Planning & Engineering (Applicant Representative) on behalf of AutoNation, the owners of parcels 211-080-12-00 and 211-080-13-00 located at 5215 and 5245 Car County Drive. These two parcels comprise the location of the proposed BMW Ancillary Facilities project. The project proposes auto repair and auto rental and leasing uses, replacing the previous automobile dealership uses. Per the Car Country Carlsbad Specific Plan (SP 19J), conditionally permitted uses that do not include automobile sales require a finding that no auto dealership is available at the time of the proposed project's approval. The brokers working for AutoNation have not received any solicitations from other dealerships interested in the site for future auto sales in the two or more years that the buildings have been vacant. This letter confirms that there are no other auto dealerships interested in the property for use of car sales at this time. HOFMAN PLANNING & ENGINEERING Adam Kooienga Senior Planner 3152 Lionshead Avenue -Carlsbad, CA 92010 -760-692-4100 ATTACHMENT 5.APP,1211-01!1(1-li CARL.Sel<>"'°' COUNTR'(. lJ.C From:Steve Linke To:Planning Subject:BMW Ancillary Facilities project (6/16/2021 Planning Commission meeting) Date:Monday, June 14, 2021 2:27:04 PM Planning Department/Commission: Please distribute this email to the Planning Commission and include it in the permanent public record for the BMW Ancillary Facilities project. Nearly half of greenhouse gases arise from transportation-related activities, and traffic congestion is a growing problem in Carlsbad. If you care about the environment and want to help ensure that Carlsbad meets its Climate Action Plan goals and/or acknowledge developers’ obligations to meet Growth Management Plan standards to mitigate traffic congestion, please take the following seriously. On 3/17/2021, the Planning Commission approved the BMW Carlsbad project at a site just south of Cannon Road in Car Country Carlsbad. In my public comments on the project, I pointed out how the developer and staff had avoided a sorely needed vehicle miles traveled (VMT)-based CEQA study to assess the transportation-based environmental impacts of the project. To accomplish this, they claimed that there would be no more customers or employees at the new location than their current location in Encinitas, despite an approximately 75% increase in building square footage, and despite the fact that their signed and certified TDM plan described an increase from 90 to 133 employees with a very specific breakdown of employee roles (sales, service, etc.). In addition, they inappropriately subtracted regional VMT based on another business located there, even though that business is redirecting its customers to an Oceanside location (the customers and employees did not vanish or stop driving—they have simply been redirected elsewhere in the region). Further, because the displaced business was a “local serving retail” business (<50,000 square feet in size), it did not generate any VMT evaluable under CEQA (its presence there would actually decrease VMT). So, there was no VMT to subtract! They also avoided meaningful improvements/programs to comply with the transit level of service (LOS) requirement. Because the site is more than 1/2 mile from the nearest transit stop, they were required to use a transit alternative. They claimed enough transit LOS points to meet the minimum performance standard by claiming “on demand rideshare services available.” However, all they offered were a few dedicated pool spaces in their parking lot for voluntary employee pooling—not any sort of “on-demand rideshare” program, as required by the point system. Now, just three months later, comes the “BMW Ancillary Facilities” project, which is directly adjacent to the “BMW Carlsbad” project. I requested the traffic studies for this “new” project—both directly through the Planning Department and through a public records request to the City Clerk, but my requests have not been fulfilled yet, so it is not possible to perform a proper review prior to the public hearing. Therefore, I am requesting that this matter be tabled until the documents are provided and a complete review can be done. That said, below is what I have been able to discern and assume based on the staff report alone. The “BMW Ancillary Facilities” project is from the same organization (and signed by the same executive officer) as the previous “BMW Carlsbad” project (BMW/AutoNation), and it includes another 37,166 square feet of automobile repair, smog, rental, and leasing facilities—on top of the 69,161 square feet of sales, service, and parts of the recently approved BMW Carlsbad project—for a total of 106,327 square feet! I suspect that the VMT study will claim that, because the “new” portion of the project is less than 50,000 square feet, CEQA analysis is unnecessary, because the project falls under the “local serving retail” category. However, it is completely inappropriate to split projects up into smaller pieces to avoid CEQA analysis—particularly in the context of the ludicrous claim that there is no intent on the part of BMW/AutoNation to increase total employee numbers. It would also be hypocritical to claim a VMT subtraction for a local serving retail business displaced by one part of a project, but then claim no VMT impact for another portion of your business that was split off to be local serving retail —all in order to avoid CEQA analysis and mitigation. There is an Enterprise Rent-A-Car and smog station that are being displaced by the “BMW Carlsbad” project, and it is possible that they are moving to the adjacent “BMW Ancillary Facilities” site. However, the current footprint of those business is only about 7,000 square feet, which means this new project is still adding about 30,000 square feet of new business, and a total of nearly 100,000 square feet when combined with the “BMW Carlsbad” project. In a related GMP avoidance scheme, the developer and staff are claiming that these “ancillary facilities” will actually create a reduction of 274 average daily vehicle trips, stating the following: All required roadway improvements were constructed in conjunction with the existing development on site. 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. Again, I have not been given access to the traffic study, but it is clear that they are subtracting fake (theoretical) traffic for these buildings that have actually been sitting largely vacant for many years (Carlsbad Audi move out of there back in mid-2016). Within the last year, it was determined through Carlsbad’s annual Traffic Monitoring Program that adjacent Cannon Road street facilities had to be exempted from the GMP due to over-congestion. Thus, the traffic that will be going to the BMW Ancillary Facilities site will be all new traffic added to the already congested Cannon Road and freeway facilities and others. So, there absolutely are going to be traffic impacts. In addition, they almost certainly are also using their ridiculous declaration of “negative ADTs” to exempt themselves from having to address multi-modal level of service improvements to pedestrian, bicycle, and transit facilities. It is not appropriate to allow developers to split their project up into multiple smaller projects to avoid CEQA and GMP compliance. It is also not appropriate, under the GMP, to allow developers to make knowingly inaccurate vehicle trip subtractions for businesses/traffic that have never existed or have not existed for many years and are not reflected in actual modern traffic counts. And it is not appropriate, under CEQA, to allow developers to make regional VMT subtractions for displaced local retail businesses. Carlsbad’s current TIA and VMT Analysis Guidelines allow staff a great deal of leeway to impose logical rules that would compel developers to mitigate their traffic, yet all of the above-listed inappropriate methods are repeatedly being applied instead—something that has cynically come to be known as “the Carlsbad way.” I am not opposed to this substantial move of BMW to Car Country Carlsbad, but the traffic studies need to be re-done in a logical and equitable manner that is consistent with CEQA and GMP requirements, and in a manner that acknowledges the very real impacts the projects will have on VMT and local traffic congestion—with meaningful improvements/programs as part of a mitigation plan—not using “the Carlsbad way.” Best regards, Steve Linke CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. From:Steve Linke To:Planning Subject:RE: BMW Ancillary Facilities project (6/16/2021 Planning Commission meeting) Date:Tuesday, June 15, 2021 4:41:00 PM Planning Department/Commission: This is a supplement to my emailed comments yesterday. Public hearing should be tabled until the next Planning Commission meeting to allow proper review The traffic studies were finally provided today—just one day in advance of the public hearing. It is not possible to fully review these complex documents and provide comments for the public hearing in this time period. That said, here are some additional comments based on a quick reading of the traffic studies. VMT study should be required in conjunction with full BMW Carlsbad project As I speculated in my initial email, the BMW Ancillary Facilities Vehicle Miles Traveled (VMT) study cites the fact that the project is less than 50,000 square feet, making it a “local serving retail” project, which is assumed to have no VMT-based environmental impact under Carlsbad’s guidelines. In addition, the staff report claims that this project is categorically exempt from CEQA, because it is an “Existing Facility.” However, the “BMW Ancillary Facilities” project should be considered a part of the recently approved “BMW Carlsbad” project, because they both include movement of all of the facilities from the current BMW Encinitas location—sales, service, and parts to the “BMW Carlsbad” portion, and collision repair to the directly adjacent “BMW Ancillary Facilities” portion. In fact, the Transportation Demand Management (TDM) documents of the current project include the name “BMW Carlsbad,” rather than “BMW Ancillary Facilities,” indicating that they were originally combined but then later divided after the TDM process had begun—leading to the splitting of the project into two parts and the changes in employee numbers I described previously, in order to avoid CEQA/VMT analysis. Due to its size (>50,000 square feet), “BMW Carlsbad” is a “regional” (not “local”) serving retail project and subject to VMT analysis under Carlsbad’s rules, and it is ridiculous to claim that moving the collision portion of the existing business to an adjacent lot makes it a completely independent “local” serving project, which is what is being claimed here. In fact, the land use at the project sites in Car Country Carlsbad are formally considered “regional.” Further, there is an exception to categorical CEQA exemptions that smaller projects that are part of a larger project that is subject to environmental review must be reviewed with the larger project and are not exempt. Therefore, the entire BMW move and expansion from Encinitas to Carlsbad should not be considered categorically exempt and needs to be considered as a single regional-serving project, because that’s what it is (~90,000+ square feet in total). Ask yourself, is it really plausible that an expansion of a business from ~40,000 square feet in Encinitas to ~100,000 square feet in Carlsbad will not result in any new customers or employees and will lead to a reduction in VMT? That is what is being claimed. Trip generation method inconsistent with TIA Guidelines The Transportation Impact Analysis (TIA) Guidelines state in Section 3.4 that vehicle traffic data should not be more than two years old, or reflect temporary changes, such as special events or construction detours—otherwise new traffic counts must be collected. Instead of collecting those new counts to assess existing traffic at the site, the TIA pretens that traffic from the businesses that used to occupy the buildings still exists, and then subtracts that from the traffic the new businesses will generate. However, those buildings have been vacant for over five years (far longer than the two-year time limit on stale data defined in the TIA Guidelines), so there is no traffic to subtract! Yet, they subtracted the fake trips from their ~2,000 new daily trips and claimed that their businesses moving there will actually create a net reduction in area traffic! Just in the past year, facilities on Cannon Road had to be exempted from the GMP vehicle performance standard due to over-congestion, and much of the traffic related to these businesses will be using Cannon Road. The traffic study must be re-done to include actual traffic counts collected within the last two years for an honest assessment of current traffic impacts—not fake impacts based on data from 5, 10, or 20 years ago. Transit level of service needs to be evaluated and deficiencies addressed It is also claimed in the TIA that “no Transit LOS is required,” because there are no transit stops within 1/2 mile walking distance from the project site. However, the TIA Guidelines state that, if roadways subject to Transit LOS are located within 1/2 mile of the project site, Transit LOS needs to be assessed, regardless of whether there are transit stops or lines within that distance. In this case, Cannon Road is subject to Transit LOS and is only 500 feet from the project site. If the project cannot achieve the minimum Transit LOS standard with transit improvements, the alternative measures in the point system need to be employed to achieve that. Again, the traffic studies need to be updated and follow the rules prior to consideration of approval. Best regards, Steve Linke From: Steve Linke [mailto:splinke@gmail.com] Sent: Monday, June 14, 2021 2:27 PMTo: planning@carlsbadca.govSubject: BMW Ancillary Facilities project (6/16/2021 Planning Commission meeting) Planning Department/Commission: Please distribute this email to the Planning Commission and include it in the permanent public record for the BMW Ancillary Facilities project. Nearly half of greenhouse gases arise from transportation-related activities, and traffic congestion is a growing problem in Carlsbad. If you care about the environment and want to help ensure that Carlsbad meets its Climate Action Plan goals and/or acknowledge developers’ obligations to meet Growth Management Plan standards to mitigate traffic congestion, please take the following seriously. On 3/17/2021, the Planning Commission approved the BMW Carlsbad project at a site just south of Cannon Road in Car Country Carlsbad. In my public comments on the project, I pointed out how the developer and staff had avoided a sorely needed vehicle miles traveled (VMT)-based CEQA study to assess the transportation-based environmental impacts of the project. To accomplish this, they claimed that there would be no more customers or employees at the new location than their current location in Encinitas, despite an approximately 75% increase in building square footage, and despite the fact that their signed and certified TDM plan described an increase from 90 to 133 employees with a very specific breakdown of employee roles (sales, service, etc.). In addition, they inappropriately subtracted regional VMT based on another business located there, even though that business is redirecting its customers to an Oceanside location (the customers and employees did not vanish or stop driving—they have simply been redirected elsewhere in the region). Further, because the displaced business was a “local serving retail” business (<50,000 square feet in size), it did not generate any VMT evaluable under CEQA (its presence there would actually decrease VMT). So, there was no VMT to subtract! They also avoided meaningful improvements/programs to comply with the transit level of service (LOS) requirement. Because the site is more than 1/2 mile from the nearest transit stop, they were required to use a transit alternative. They claimed enough transit LOS points to meet the minimum performance standard by claiming “on demand rideshare services available.” However, all they offered were a few dedicated pool spaces in their parking lot for voluntary employee pooling—not any sort of “on-demand rideshare” program, as required by the point system. Now, just three months later, comes the “BMW Ancillary Facilities” project, which is directly adjacent to the “BMW Carlsbad” project. I requested the traffic studies for this “new” project—both directly through the Planning Department and through a public records request to the City Clerk, but my requests have not been fulfilled yet, so it is not possible to perform a proper review prior to the public hearing. Therefore, I am requesting that this matter be tabled until the documents are provided and a complete review can be done. That said, below is what I have been able to discern and assume based on the staff report alone. The “BMW Ancillary Facilities” project is from the same organization (and signed by the same executive officer) as the previous “BMW Carlsbad” project (BMW/AutoNation), and it includes another 37,166 square feet of automobile repair, smog, rental, and leasing facilities—on top of the 69,161 square feet of sales, service, and parts of the recently approved BMW Carlsbad project—for a total of 106,327 square feet! I suspect that the VMT study will claim that, because the “new” portion of the project is less than 50,000 square feet, CEQA analysis is unnecessary, because the project falls under the “local serving retail” category. However, it is completely inappropriate to split projects up into smaller pieces to avoid CEQA analysis—particularly in the context of the ludicrous claim that there is no intent on the part of BMW/AutoNation to increase total employee numbers. It would also be hypocritical to claim a VMT subtraction for a local serving retail business displaced by one part of a project, but then claim no VMT impact for another portion of your business that was split off to be local serving retail —all in order to avoid CEQA analysis and mitigation. There is an Enterprise Rent-A-Car and smog station that are being displaced by the “BMW Carlsbad” project, and it is possible that they are moving to the adjacent “BMW Ancillary Facilities” site. However, the current footprint of those business is only about 7,000 square feet, which means this new project is still adding about 30,000 square feet of new business, and a total of nearly 100,000 square feet when combined with the “BMW Carlsbad” project. In a related GMP avoidance scheme, the developer and staff are claiming that these “ancillary facilities” will actually create a reduction of 274 average daily vehicle trips, stating the following: All required roadway improvements were constructed in conjunction with the existing development on site. 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. Again, I have not been given access to the traffic study, but it is clear that they are subtracting fake (theoretical) traffic for these buildings that have actually been sitting largely vacant for many years (Carlsbad Audi move out of there back in mid-2016). Within the last year, it was determined through Carlsbad’s annual Traffic Monitoring Program that adjacent Cannon Road street facilities had to be exempted from the GMP due to over-congestion. Thus, the traffic that will be going to the BMW Ancillary Facilities site will be all new traffic added to the already congested Cannon Road and freeway facilities and others. So, there absolutely are going to be traffic impacts. In addition, they almost certainly are also using their ridiculous declaration of “negative ADTs” to exempt themselves from having to address multi-modal level of service improvements to pedestrian, bicycle, and transit facilities. It is not appropriate to allow developers to split their project up into multiple smaller projects to avoid CEQA and GMP compliance. It is also not appropriate, under the GMP, to allow developers to make knowingly inaccurate vehicle trip subtractions for businesses/traffic that have never existed or have not existed for many years and are not reflected in actual modern traffic counts. And it is not appropriate, under CEQA, to allow developers to make regional VMT subtractions for displaced local retail businesses. Carlsbad’s current TIA and VMT Analysis Guidelines allow staff a great deal of leeway to impose logical rules that would compel developers to mitigate their traffic, yet all of the above-listed inappropriate methods are repeatedly being applied instead—something that has cynically come to be known as “the Carlsbad way.” I am not opposed to this substantial move of BMW to Car Country Carlsbad, but the traffic studies need to be re-done in a logical and equitable manner that is consistent with CEQA and GMP requirements, and in a manner that acknowledges the very real impacts the projects will have on VMT and local traffic congestion—with meaningful improvements/programs as part of a mitigation plan—not using “the Carlsbad way.” Best regards, Steve Linke CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. From:Diane Nygaard To:Planning Subject:Comments on # 1 CUP for BMW Ancillary Facilities Date:Wednesday, June 16, 2021 10:35:52 AM Honorable Chair and Commissioners We are very concerned about how this project has failed to contribute its fair share toward reducing traffic congestion and greenhouse gasses. We all expect that every project will receive an objective, consistent review against adoptedstandards. But for some reason this project seems to have manipulated the process in ways that benefit BMW but certainly do not benefit this community. Each of these issues might seem of minor importance individually, but the combined effect isa project that : - exceeds the thresholds for VMT reductions and thereby produces excess GHG - fails to adequately mitigate for increased trips, adding to the traffic congestion of the already failing Cannon Rd - fails to comply with key provisions of the Climate Action Plan and defers TDM compliance . A few of the inconsistencies with this project: - It is classified as a local serving business when it is a regional facility which requires morethorough review - Dividing the project into two pieces so that each is under key thresholds is a violation of CEQA piecemealing and allowed it to skirt key local requirements. - The VMT analysis claimed there was no increase in employees although facility sizeincreased greatly and functions were added that do not exist in the Encinitas facility. - Vehicle trips were subtracted for uses that either have been non- existent on this vacant site for over 5 years- or have been reassigned and will therefore continue. - Points were added for an on-demand shuttle to transit stops, but no such shuttle isactually provided. - The required TDM plan has not been prepared so it is impossible to determine if the required trip reduction will be achieved- in spite of Cannon Rd already having level F trafficcongestion. This project is one more example of why North County Advocates has informed the city that they have not complied with the terms of our settlement agreement over the General Plan,specifically related to the TDM program and CAP compliance. We request that you table approval of this project until there is a comprehensive review of all of the issues that have been raised by us and others about its traffic and GHG impacts. Diane NygaardOn behalf of North County Advocates CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. From:Steve Linke To:Planning Subject:RE: BMW Ancillary Facilities project (6/16/2021 Planning Commission meeting) Date:Tuesday, June 15, 2021 11:52:10 PM Planning Department/Commission: After some additional research, I would like to offer more information on the piecemealing of the BMW dealership move from Encinitas to Carlsbad. A review of the website for the current AutoNation BMW Encinitas dealership shows that it includes sales, service, collision repair, and parts departments. The AutoNation ”BMW Carlsbad” project (a.k.a. “North Campus”), approved by the Planning Commission in March 2021, included the move of the sales, service, and parts departments from the Encinitas site. And the AutoNation “BMW Ancillary Facilities” project (a.k.a. “South Campus”), currently under consideration by the Planning Commission, includes the move of the collision repair department, as well as the movement of two existing businesses from the “North Campus” to the “South Campus.” These moves of the BMW departments and third-party businesses in and out of the “North Campus” and “South Campus” sites are clearly intertwined, and the two sites were undergoing simultaneous parallel review with the same City planner since at least September 2020. Yet, nothing was mentioned in the “North Campus” project documents about the so-called “ancillary facilities” in the “South Campus”—and now the “South Campus” is being considered for approval just a few months later. The North Campus alone should have required a CEQA transportation study for the reasons I have previously detailed. But even accepting the razor-thin reduction in VMT speciously alleged in its VMT analysis, it was within just one additional customer or two additional employees of triggering the need for a CEQA study. The analysis used a custom VMT method (not described in Carlsbad’s VMT Analysis Guidelines), which individually calculated the distance that each current employee and customer would travel from their homes. However, the 13 BMW employees and all of the additional customers of the collision repair department in the “South Campus” were conveniently left out of that analysis. The whole action of moving the BMW dealership from Encinitas to Carlsbad should not have been piecemealed in this way. It is yet another CEQA avoidance scheme, on top of the others I have described previously. A CEQA transportation study needs to be conducted for the entirety of the BMW dealership move. I offer the following passage from “Comment Letter for BCDC [San Francisco Bay Area Conservation and Development Commission] Permit Application No. 2017.007.00 [Oyster Point Development Project]” from Jeffer Mangels Butler & Mitchell LLP (4/18/2018) to provide a potential legal perspective: CEQA does not allow an agency to review one part of a larger project in isolation, a prohibited practice known as "piecemealing," "segmenting" or "project-splitting." Instead, CEQA mandates that environmental review focus on the "whole of the action," so the true effects of the project may be analyzed and environmental impacts avoided or reduced. Correctly determining the nature and scope of the Project is a critical step in complying with CEQA's mandates. See Tuolumne County Citizens for Responsible Growth (2007) 155 Cal.App.4th 1214, 1222; McQueen v. Board of Directors of the Mid-Peninsula Regional Open Space Dist. (1988) 202 Cal.App.3d 1136, 1146-53 (reversing judgment denying writ of mandate where notice of exemption contained inadequate and segmented project description). CEQA broadly defines a "project" as "an activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and…involves the issuance [of an] entitlement for use by one or more public agencies." Pub. Res. Code § 21065. The statutory definition is augmented by the CEQA Guidelines, which define a "project" as "the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment…" 14 Cal. Code of Regs. § 15378(a)... A project proponent may not separate out the component parts of a project requiring multiple entitlements for separate review, "thereby preventing 'consideration of the cumulative impact on the environment.'" Azusa Land Reclamation Co. v. Main San Gabriel Basin Watermaster (1997) 52 Cal.App.4th 1165, 1190, n.5; see also City of Santee v. County of San Diego (1989) 214 Cal.App.3d 1438, 1452. A "project" is "given a broad interpretation in order to maximize protection of the environment." McQueen, supra, 202 Cal.App.3d at 1143. "This big picture approach to the definition of a project (i.e., including 'the whole of an action') prevents a proponent or a public agency from avoiding CEQA requirements by dividing a project into smaller components which, when considered separately, may not have a significant environmental effect." Nelson v. County of Kern (2010) 190 Cal.App.4th 252, 271 (mining project improperly segmented); Tuolumne County Citizens for Responsible Growth, supra, 155 Cal.App.4th at 1231 (home improvement center improperly segmented from adjacent road realignment). The broad scope of the term "project" prevents "the fallacy of division," which entails "overlooking [a project's] cumulative impact by separately focusing on isolated parts of the whole." McQueen, supra, 202 Cal.App.3d at 1144 (internal citations removed). Best regards, Steve Linke Carlsbad, CA Disclosure: I am a member of the Carlsbad Traffic and Mobility Commission. We have been tasked with reviewing traffic-related guidelines that are used for development applications, but not with the review of individual applications, so I am commenting here as an individual. From: Steve Linke [mailto:splinke@gmail.com] Sent: Tuesday, June 15, 2021 4:41 PMTo: planning@carlsbadca.govSubject: RE: BMW Ancillary Facilities project (6/16/2021 Planning Commission meeting) Planning Department/Commission: This is a supplement to my emailed comments yesterday. Public hearing should be tabled until the next Planning Commission meeting to allow proper review The traffic studies were finally provided today—just one day in advance of the public hearing. It is not possible to fully review these complex documents and provide comments for the public hearing in this time period. That said, here are some additional comments based on a quick reading of the traffic studies. VMT study should be required in conjunction with full BMW Carlsbad project As I speculated in my initial email, the BMW Ancillary Facilities Vehicle Miles Traveled (VMT) study cites the fact that the project is less than 50,000 square feet, making it a “local serving retail” project, which is assumed to have no VMT-based environmental impact under Carlsbad’s guidelines. In addition, the staff report claims that this project is categorically exempt from CEQA, because it is an “Existing Facility.” However, the “BMW Ancillary Facilities” project should be considered a part of the recently approved “BMW Carlsbad” project, because they both include movement of all of the facilities from the current BMW Encinitas location—sales, service, and parts to the “BMW Carlsbad” portion, and collision repair to the directly adjacent “BMW Ancillary Facilities” portion. In fact, the Transportation Demand Management (TDM) documents of the current project include the name “BMW Carlsbad,” rather than “BMW Ancillary Facilities,” indicating that they were originally combined but then later divided after the TDM process had begun—leading to the splitting of the project into two parts and the changes in employee numbers I described previously, in order to avoid CEQA/VMT analysis. Due to its size (>50,000 square feet), “BMW Carlsbad” is a “regional” (not “local”) serving retail project and subject to VMT analysis under Carlsbad’s rules, and it is ridiculous to claim that moving the collision portion of the existing business to an adjacent lot makes it a completely independent “local” serving project, which is what is being claimed here. In fact, the land use at the project sites in Car Country Carlsbad are formally considered “regional.” Further, there is an exception to categorical CEQA exemptions that smaller projects that are part of a larger project that is subject to environmental review must be reviewed with the larger project and are not exempt. Therefore, the entire BMW move and expansion from Encinitas to Carlsbad should not be considered categorically exempt and needs to be considered as a single regional-serving project, because that’s what it is (~90,000+ square feet in total). Ask yourself, is it really plausible that an expansion of a business from ~40,000 square feet in Encinitas to ~100,000 square feet in Carlsbad will not result in any new customers or employees and will lead to a reduction in VMT? That is what is being claimed. Trip generation method inconsistent with TIA Guidelines The Transportation Impact Analysis (TIA) Guidelines state in Section 3.4 that vehicle traffic data should not be more than two years old, or reflect temporary changes, such as special events or construction detours—otherwise new traffic counts must be collected. Instead of collecting those new counts to assess existing traffic at the site, the TIA pretens that traffic from the businesses that used to occupy the buildings still exists, and then subtracts that from the traffic the new businesses will generate. However, those buildings have been vacant for over five years (far longer than the two-year time limit on stale data defined in the TIA Guidelines), so there is no traffic to subtract! Yet, they subtracted the fake trips from their ~2,000 new daily trips and claimed that their businesses moving there will actually create a net reduction in area traffic! Just in the past year, facilities on Cannon Road had to be exempted from the GMP vehicle performance standard due to over-congestion, and much of the traffic related to these businesses will be using Cannon Road. The traffic study must be re-done to include actual traffic counts collected within the last two years for an honest assessment of current traffic impacts—not fake impacts based on data from 5, 10, or 20 years ago. Transit level of service needs to be evaluated and deficiencies addressed It is also claimed in the TIA that “no Transit LOS is required,” because there are no transit stops within 1/2 mile walking distance from the project site. However, the TIA Guidelines state that, if roadways subject to Transit LOS are located within 1/2 mile of the project site, Transit LOS needs to be assessed, regardless of whether there are transit stops or lines within that distance. In this case, Cannon Road is subject to Transit LOS and is only 500 feet from the project site. If the project cannot achieve the minimum Transit LOS standard with transit improvements, the alternative measures in the point system need to be employed to achieve that. Again, the traffic studies need to be updated and follow the rules prior to consideration of approval. Best regards, Steve Linke From: Steve Linke [mailto:splinke@gmail.com] Sent: Monday, June 14, 2021 2:27 PMTo: planning@carlsbadca.govSubject: BMW Ancillary Facilities project (6/16/2021 Planning Commission meeting) Planning Department/Commission: Please distribute this email to the Planning Commission and include it in the permanent public record for the BMW Ancillary Facilities project. Nearly half of greenhouse gases arise from transportation-related activities, and traffic congestion is a growing problem in Carlsbad. If you care about the environment and want to help ensure that Carlsbad meets its Climate Action Plan goals and/or acknowledge developers’ obligations to meet Growth Management Plan standards to mitigate traffic congestion, please take the following seriously. On 3/17/2021, the Planning Commission approved the BMW Carlsbad project at a site just south of Cannon Road in Car Country Carlsbad. In my public comments on the project, I pointed out how the developer and staff had avoided a sorely needed vehicle miles traveled (VMT)-based CEQA study to assess the transportation-based environmental impacts of the project. To accomplish this, they claimed that there would be no more customers or employees at the new location than their current location in Encinitas, despite an approximately 75% increase in building square footage, and despite the fact that their signed and certified TDM plan described an increase from 90 to 133 employees with a very specific breakdown of employee roles (sales, service, etc.). In addition, they inappropriately subtracted regional VMT based on another business located there, even though that business is redirecting its customers to an Oceanside location (the customers and employees did not vanish or stop driving—they have simply been redirected elsewhere in the region). Further, because the displaced business was a “local serving retail” business (<50,000 square feet in size), it did not generate any VMT evaluable under CEQA (its presence there would actually decrease VMT). So, there was no VMT to subtract! They also avoided meaningful improvements/programs to comply with the transit level of service (LOS) requirement. Because the site is more than 1/2 mile from the nearest transit stop, they were required to use a transit alternative. They claimed enough transit LOS points to meet the minimum performance standard by claiming “on demand rideshare services available.” However, all they offered were a few dedicated pool spaces in their parking lot for voluntary employee pooling—not any sort of “on-demand rideshare” program, as required by the point system. Now, just three months later, comes the “BMW Ancillary Facilities” project, which is directly adjacent to the “BMW Carlsbad” project. I requested the traffic studies for this “new” project—both directly through the Planning Department and through a public records request to the City Clerk, but my requests have not been fulfilled yet, so it is not possible to perform a proper review prior to the public hearing. Therefore, I am requesting that this matter be tabled until the documents are provided and a complete review can be done. That said, below is what I have been able to discern and assume based on the staff report alone. The “BMW Ancillary Facilities” project is from the same organization (and signed by the same executive officer) as the previous “BMW Carlsbad” project (BMW/AutoNation), and it includes another 37,166 square feet of automobile repair, smog, rental, and leasing facilities—on top of the 69,161 square feet of sales, service, and parts of the recently approved BMW Carlsbad project—for a total of 106,327 square feet! I suspect that the VMT study will claim that, because the “new” portion of the project is less than 50,000 square feet, CEQA analysis is unnecessary, because the project falls under the “local serving retail” category. However, it is completely inappropriate to split projects up into smaller pieces to avoid CEQA analysis—particularly in the context of the ludicrous claim that there is no intent on the part of BMW/AutoNation to increase total employee numbers. It would also be hypocritical to claim a VMT subtraction for a local serving retail business displaced by one part of a project, but then claim no VMT impact for another portion of your business that was split off to be local serving retail —all in order to avoid CEQA analysis and mitigation. There is an Enterprise Rent-A-Car and smog station that are being displaced by the “BMW Carlsbad” project, and it is possible that they are moving to the adjacent “BMW Ancillary Facilities” site. However, the current footprint of those business is only about 7,000 square feet, which means this new project is still adding about 30,000 square feet of new business, and a total of nearly 100,000 square feet when combined with the “BMW Carlsbad” project. In a related GMP avoidance scheme, the developer and staff are claiming that these “ancillary facilities” will actually create a reduction of 274 average daily vehicle trips, stating the following: All required roadway improvements were constructed in conjunction with the existing development on site. 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. Again, I have not been given access to the traffic study, but it is clear that they are subtracting fake (theoretical) traffic for these buildings that have actually been sitting largely vacant for many years (Carlsbad Audi move out of there back in mid-2016). Within the last year, it was determined through Carlsbad’s annual Traffic Monitoring Program that adjacent Cannon Road street facilities had to be exempted from the GMP due to over-congestion. Thus, the traffic that will be going to the BMW Ancillary Facilities site will be all new traffic added to the already congested Cannon Road and freeway facilities and others. So, there absolutely are going to be traffic impacts. In addition, they almost certainly are also using their ridiculous declaration of “negative ADTs” to exempt themselves from having to address multi-modal level of service improvements to pedestrian, bicycle, and transit facilities. It is not appropriate to allow developers to split their project up into multiple smaller projects to avoid CEQA and GMP compliance. It is also not appropriate, under the GMP, to allow developers to make knowingly inaccurate vehicle trip subtractions for businesses/traffic that have never existed or have not existed for many years and are not reflected in actual modern traffic counts. And it is not appropriate, under CEQA, to allow developers to make regional VMT subtractions for displaced local retail businesses. Carlsbad’s current TIA and VMT Analysis Guidelines allow staff a great deal of leeway to impose logical rules that would compel developers to mitigate their traffic, yet all of the above-listed inappropriate methods are repeatedly being applied instead—something that has cynically come to be known as “the Carlsbad way.” I am not opposed to this substantial move of BMW to Car Country Carlsbad, but the traffic studies need to be re-done in a logical and equitable manner that is consistent with CEQA and GMP requirements, and in a manner that acknowledges the very real impacts the projects will have on VMT and local traffic congestion—with meaningful improvements/programs as part of a mitigation plan—not using “the Carlsbad way.” Best regards, Steve Linke CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. From:Steve Linke To:Planning Subject:BMW Ancillary Facilities - public comment to be read Date:Wednesday, June 16, 2021 1:43:58 PM PUBLIC COMMENT TO BE READ DURING PUBLIC HEARING ON BMW ANCILLARY FACILITIES Disclosure: My name is Steve Linke. I am a member of the Traffic and Mobility Commission, but I am commenting as an individual. Nearly half of greenhouse gases arise from transportation-related activities, and traffic congestion is a growing problem in Carlsbad. If you care about the environment, or meeting Climate Action Plan goals, or addressing traffic congestion, you should not approve this project in its current form. First, the traffic studies for this project were not made available until yesterday, which does not provide ample time for review, so this matter should be tabled until the next meeting. Second, as I detailed in my written comments, the movement of the BMW dealership from Encinitas to Carlsbad was piece-mealed in a fashion that helped avoid environmental review. Multiple CEQA avoidance strategies were employed with the previously approved portion of the project, which included the moves of the sales, service, and parts departments. And now, the piece-mealing of the move of the collision repair department in this separate project is another CEQA avoidance strategy. The total square footage of the Carlsbad BMW dealership is around 90,000 square feet when both projects are included—which appears to be far more than double the current site in Encinitas. The entire operation is a regional serving retail business under any definition, including the VMT Analysis Guidelines and the land use designations in Car Country Carlsbad. The move needs to be considered as a whole, and, as such, the current project is not eligible for a CEQA exemption or screen out. Third, Carlsbad’s TIA Guidelines require traffic assessments to be done within the last two years, but, for the GMP analysis, the applicant is relying on subtracting traffic for businesses that have not existed on the site for over five years. Ignoring that fake, artificial nonsense, the reality is that the project will add around 2,000 new vehicle trips per day to the local streets. Most of those will use Cannon Road, which had to be exempted within the last year from the Growth Management Plan standard due to excessive vehicle congestion. Fourth, the traffic study claims that transit level of service does not need to be evaluated, but the TIA Guidelines are clear that it does, because Cannon Road—a transit prioritized roadway—is in the project area. Thus, both the VMT and GMP traffic analyses are fatally flawed and need to be revised prior to further consideration of the projects. Thank you for your consideration. CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.