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HomeMy WebLinkAboutRP 2017-0014; ST. MICHAEL'S BY THE SEA PICKLEBALL COURT; Admin Decision Letter0FILE COPY <^^ityof Carlsbad May 16, 2018 Fr Doran Stambaugh St Michael's by-the-Sea 2775 Carlsbad Boulevard Carlsbad, CA 92008 SUBJECT: RP 2017-0014/CDP 2017-0070 (DEV15049) - ST. MICHAEL'S BY-THE-SEA PICKLEBALL COURT - Request for approval of an Administrative ReviewPermit (RP 2017-0014) and Administrative Coastal Development Permit (CDP 2017-0070) to allow the existing pickleball use and related site improvements at the St Michael's by-the-Sea church property located at 2775 Carlsbad Boulevard (Accessor Parcel Numbers 203-143-07-00 and 203-143-06-00) within Land Use District 9 of the Carlsbad Village Master Plan and Design Manual The pickleball use is considered a provisional use in Land Use District 9 The project is located in the Village Review (V-R) Zone and Local Facilities Management Zone 1 Dear Fr Doran, The City planner has completed a review of your application for an Administrative Review Permit (RP 2017-0014) and Administrative Coastal Development Permit (CDP 2017-0070) to allow the existing pickleball use and related site improvements at the St Michael's by-the-Sea church property located at 2775 Carlsbad Boulevard within Land Use District 9 of the Carlsbad Village Master Plan and Design Manual The pickleball use is considered a provisional use in Land Use District 9 A notice was sent to property owners within a 300' radius of the subject property requesting comments regarding the above request It IS the City planner's determination that the project, RP 2017-0014 / CDP 2017-0070 - ST MICHAEL'S BY-THE-SEA PICKLEBALL COURT, is consistent with the Carlsbad Village Master Plan and Design Manual and with all other applicable city ordinances and policies Therefore, the City planner APPROVES this request based on the following findings and subject to the following conditions Findings: RP 2017-0014 1 That the total cost of the proposed development is less than $60,000 1 2 The City planner has determined that the project is consistent with the policies, goals and action programs set forth within the Carlsbad General Plan in that a. The pickleball use provides a service to residents and visitors of the Village area and complements the existing commercial uses in the pedestrian-onented downtown Village. The approval of the project will allow a sports entertainment use that Is not provided elsewhere m the downtown Village. b. The use Is consistent with General Plan Land Use Goal 2-G.29, which states "Maintain and enhance the Village as a center for residents and visitors with commercial, Community & Economic Development Planning Division 11635 Faraday Avenue Carlsbad, CA 92008-73141760-602-46001760-602-8560 f | www carlsbadca gov RP 2017-0014/CDP 2017-0070 {DEV15049] - ST. MICHAEL'S B.Y^THE-SEA PICKLEBALL COURT May 16, 2018 : ' ~ ^ t ' , Page 2 residential, dining, civic, cultural, and entertainment activities." The picklebail use is a sports entertainment use that will enhance the Village by allowing a sports entertainment use (picklebail) that does not exist elsewhere In the Village. ' c. The use Is consistent with General Plan Land Use Policy 2-P.70, which states "Seek an increased presence of both residents and activity in the Village with new development, particularly residential, including residential as part of mixed-use development, as well as commercial, entertainment and cultural uses that serve both residents and visitors." The picklebail use has increased the activity on the church site, providing a service to both residents and visitors that did not previously exist on the site. Approval of the project will allow for the continued activity of the use for both residents and visitors. d. The use is consistent with General Plan Noise Goal 5-G.2, which states "Ensure that new development Is compatible with the noise environment, by continuing to use potential noise exposure as a cnterion in land use planning." I According to the Dudek noise assessment submitted as part of the project, the project compiles with City noise requirements without the need for noise mitigation. The noise assessment indicates that picklebail play as measured at the property line (abutting Carlsbad Boulevard nght-of-way) is at 54 dBA, which IS below the maximum threshold of 55 dBA for non-transportation noise sources. The picklebail play does not meet the definition of impulsive noise, which would require a 5 dBA reduction in the noise threshold to 50 dBA. Impulsive noise is defined by the American National Standards Institute (ANSI) and the Acoustical Society of Amenca (ASA) as "Sound charactenzed by brief excursions of sound pressure (acoustic impulses) that significantly exceed the ambient environmental sound pressure. The duration of a single impulsive sound IS usually less than one second." The 2.4 dBA of picklebail play over the ambient noise level (dominated by traffic) is not considered significant, and therefore, a 5 dBA reduction on the noise level threshold Is not required. II The Dudek noise assessment demonstrates that an 8.2 foot or higher noise barner would further attenuate noise by blocking the line of sight to the residential receivers to the east located in the Village by the Sea (VBS) development. VBS is a three-story building, located across Carlsbad Boulevard, approximately 140 feet from the picklebail courts. The VBS residents have requested a 12-foot noise barrier. To ensure greater compatibility of the picklebail use with residential uses to the east, staff has conditioned the project to Include a 12-foot fence with noise attenuation material (Acoustifence) to be located on the east side of the pickleable courts. The 12-foot fence with Acoustifence noise barrier provides greater noise attenuation than the standard used by the City of Carlsbad on the City's picklebail courts, where 10-foot fences with Acoustifence noise barrier are utilized for noise attenuation, ball containment, and security. The applicant has demonstrated that on-site security and lack of Issues with ball containment do not necessitate fully enclosing the courts with said 12-foot fence with Acoustifence noise barrier. Therefore, the project is conditioned to limit the 12-foot fence with Acoustifence noise barrier to the east side of the picklebail courts for noise attenuation purposes. The 12-foot fence will also serve to ensure that errant pickleballs do not end up on Carlsbad Boulevard. RP 2017-0014/CDP 2017-0070 {DEV15049) - ST. MICHAEL'S BY-THE-SEA PICKLEBALL COURT May 16, 2018 , Page 3 3 The City planner has determined that the project is consistent with Chapter 21 35 (Village Review Zone) of the Carlsbad Municipal Code and all applicable development standards and land use policies set forth within the Village Master Plan and Design Manual m that a. The pickleball use is proposed within Land Use DIstnct 9, the Tourism Support Area. The use provides a service to residents and visitors of the Village area and complements the existing commercial uses In the pedestrlan-onented downtown Village. The use is consistent with Objectnres 1.2 and 1.3 to retain and increase uses serving residents and attract tourlst-sendng uses, and Objectn/e 1.9 of the Village Master Plan and Design Manual, which states "Provide a variety of commercial, tourism, and recreation actnrity, especially close to the beach, m conjunction with special entertainment facilities, restaurants and other uses which will foster a village concept and not detrimentally Irnpact residential usage." The pickleball use provides a recreation opportunity to serve residents and visitors and Is located approximately 575 feet from the beach. The use will not detrimentally impact nearby residential usage as the use complies with City noise requirements and, as conditioned, attenuates noise beyond City requirements for the residential uses located east of the site. b. The pickleball use Is accessory to the existing church use. The church site contains 28 parking spaces, which exceeds the six parking spaces required for the pickleball use (three spaces per court) if calculated separately from the church use. The pickleball courts are closed during church worship times. c. The project meets setback standards, which ^require a 5-20 foot front, 5-10 foot side, and 5-15 foot rear setback. The setback of the pickleball court to the closest property line (abutting Carlsbad Boulevard) is 50 feet. d. The site Is large enough to accommodate the pickleball courts and additional parking is not required for the use as explained In finding no. 3.b. e. The project, as conditioned, is designed to reduce potential impacts to nearby residential uses in that the use does not occur during non-dayllght hours, meets City noise requirements, and, as conditioned, will attenuate pickleball play noise as heard from residential units to the east, as explained in finding no. 2.d. ^ f. The project has been conditioned to require that landscaping be installed in front of the required fence to visually screen the fence and improve the overall appearance of the project. , g. The necessary findings per the Village Master Plan and Design Manual to allow a fence to exceed the height of six feet are as follows: I That the purpose of the additional fence height is to enhance adjacent neighbor privacy and/or to provide for noise attenuation The project, as conditioned wtth the 12-foot fence with the Acoustifence noise barrier, will provide greater noise attenuation than required per City standards. The Dudek noise assessment submitted as part of the project demonstrates that a 12-foot noise barner (e g. Acoustifence noise barrier) will further attenuate noise by blocking the line of sight to the residential receivers (the residential units in the three-story VBS building to the east). Furthermore, the VBS residents have requested a 12-foot \physical barner to attenuate noise, which demonstrates the adjacent neighbors' desire for noise attenuation for the pickleball use. II That the additional fence height is requested by the adjacent neighbor and/or determined by thedecision-makmg body to be in the best interest of the adjacent neighbor in that residents of the adjacent VBS residential development to the RP 2017-0014/CDP 2017-0070 (DEV15049) - ST. MICHAEL'S BY-THE-SEA PICKLEBALL COURT May 16, 2018 Page 4 east have requested a 12-foot physical barner to attenuate noise, which demonstrates the adjacent neighbors' desire for noise attenuation for the pickleball use. ill That the wall or fence is attractively designed and/or decorated in that the Acoustifence material is visually screened and sandwiched between green chain-link fabric The green chain-link fabric is a material commonly used at City parks for aesthetic screening purposes. Furthermore, landscaping Is required to be installed to visually screen the fence and irhprove the overall appearance of the project. IV Decorative wall features may not extend six (6) inches above the maximum height of the wall Wall height shall be measured from the lowest side of the finished grade to the top of the wall The fence is 12 feet in height as measured from existing/finished grade. The project does not include decorative features that extend above the height of the fence. The Sports Entertainment use (pickleball use) is compatible with adjacent development, consistent with a Village character and provides sufficient land on which to accommodate building, parking and landscaping in that a. The use is compatible with adjacent development in that, according to the Dudek noise assessment submitted as part of the project, the project complies with Gty noise requirements without the need for noise mitigation as explained in finding no. 2.d. To ensure greater compatibility of the pickleball use with residential uses to the east, staff has conditioned the project to Include a 12-foot fence with Acoustifence noise barrier to be located on the east side of the pickleable courts. The 12-foot fence with Acoustifence noise barrier provides noise attenuation that is greater than the standard used by the Gty of Carlsbad on the Gt/s pickleball courts. This added condition will ensure that the pickleball use remains compatible with the VBS residents to the east, who have expressed noise concerns and are requesting a 12-foot noise barrier. The pickleball use is compatible u^th other adjacent uses as demonstrated In the letters of support received for the pickleball use, which are on file in the Planning Division office. b. The use Is consistent with the Village character In that the project, as conditioned. Is low In scale, visually screened, and the use will enhance the Village by allowing a sports entertainment use (pickleball) that does not exist elsewhere m the Village. Furthermore, the pickleball use has Increased the activity on the church site to provide a service to residents and visitors consistent with General Plan Policies for the Village as explained in finding no. 2.C. Approval of the project will allow for the continued activity of pickleball use for both residents and visitors of the Village. c The use provides sufficient land on which to accommodate the use in that adequate open space and landscape area surrounds the pickleball courts, and adequate parking Is provided as discussed In finding no. 3.b. The additional landscape, as conditioned, will Improve the aesthetics of the project. CDP 2017-0070 That the proposed development is in conformance with the Village Segment of the Certified Local Coastal Program (LCP) and all applicable policies in that the development consists of a pickleball use which, as discussed in finding no. 3 above, is consistent with the Village Master Plan and RP 2017-0014/CDP 2017-0070 {DEV15049) - ST. MICHAEL'S BY-THE-SEA PiCKLEBALL COURT May 16, 2018 Page 5 Design Manual, which serves as the Certified Local Coastal Program for the City of>Carlsbad Village Segment of the Califomia Coastal Zone. The proposed use is compatible with the surrounding development as summarized In finding no. 4 above. The project Is consistent with the intent of providing visltor-serving-land uses Including recreational uses within the portion of the Village located In the Coastal zone. The proposed project will not obstruct views of the coastline as seen from public lands or the public right-of-way, nor otherwise damage the visual beauty of the coastal zone. No agricultural uses currently exist on the site, nor are there any sensitive resources located op the property. The project site is not located In an area of known geologic instability or flood hazard. The site is not located adjacent to the coast, and therefore no public opportunities for coastal shoreline access are available from the subject site. The site Is not suited for water-onented recreation activities, but the project provides a recreation activity that Is compatible with other types of recreation actnntles nearer the coast. 6 The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that the site is not located adjacent to the shore. Therefore, the project will not Interfere with the public's right to physical access to the sea and the site is not suited for water- onented recreation activities. The project Is consistent with Coastal Act Section 30222 to pnoritize the use of pnvate land to enhance public opportunities for visitor-serving commercial coastal recreation uses. 7 The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (Chapter 21 203 of the Zoning Ordinance) in that the project will adhere to the city's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, BMP Design Manual and Jurlsdictlonal Runoff Management Program (JRMP) to avoid Increased urban runoff, pollutants, and soil erosion. No steep slopes or native vegetation is located on the subject property and the site Is not located in an area prone to landslides, or susceptible to accelerated erosion, floods, or liquefaction. 8 The project is not located between the sea and the first public road parallel to the sea and, therefore, is not subject to the provisions of the Coastal Shoreline Development Overlay Zone (Chapter 21 201 of the Zoning Ordinance) General 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 Faalltles and Section 15303 — New Constructlbn or Conversion of Small Structures 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 and more specifically Section 15300 2 (c) The project does not have a significant effect on the environment due to unusual circumstances in that pickleball IS a sports entertainment use that is allowed in Land Use District 9 and the noise assessment performed at the property line is below the maximum threshold for non-transportation noises as discussed in finding 2 d RP 2017-0014/CDP 2017-0070 (DEV15049) - ST. MICHAEL'S BY-THE-SEA PICKLEBALL COURT May 16, 2018 Page 6 10 That the request for an Administrative Review Permit (RP 2017-0014) and Administrative Coastal Development Permit (GDP 2017-0070) 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 11 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 Condrtjons: 1 Approval is granted for RP 2017-0014/CDP 2017-0070 as shown on Exhibit "A" dated May 16, 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 nghts are gained by Developer or a successor in interest by the City's approval of this Admlnistratn/e Review Permit and Administrative Coastal Development Permit 3 Staff IS authorized and directed to make, or require the Developer to make, all corrections and modifications to the Administrative Review Permit and Administrative Coastal Development Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project Development shall occur substantially as shown on the approved Exhibits Any proposed development different from this approval shall require an amendment to this approval 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 Administrative Review Permit and Administrative Coastal Development Permit, (b) City's approval or issuance of any permit or action, whether discretionary or n^on-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 RP 2017-0014/CDP 2017-0070 (DEV15049) - ST. MICHAEL'S BY-THE-SEA PICKLEBALL COURT May 16, 2018 Page 7 6 This project shall comply with all conditions and mitigation measures, which are required as part of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits 7 RP 2017-0014 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 Administrative Review 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 Administrative Review Permit is being or recently has been exercised contrary to any of the terms or conditions of approval, or 5) the 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 Administrative Review Permit is being or has been so exercised as to be detnmental 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 Administrative Review Permit in whole or in part, reaffirm the Administrative Review Permit, modify the conditions or impose new conditions 8 This Administrative Review Permit is granted for a period of five (5) years from May 16, 2018 through May 16, 2023 This permit may be revoked at any time after an informal 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 This permit may be extended for a reasonable penod of time not to exceed five (5) years, unless determined otherwise by the City planner per Carlsbad Municipal Code Section 21 42 110, upon written application of the permittee made no less than 90 days prior to the expiration date The City planner may not grant such extension, unless it finds that there are no substantial negative effects on surrounding land uses or the public's health and welfare If a substantial negative effect on surrounding land uses or the public's health and welfare is found, the extension shall be denied or granted with conditions which will eliminate or substantially reduce such effects There is no limit to the number of extensions the City planner may grant 9 Within 30 days of the date of this letter, owner/applicant shall submit to the City a Notice of Restriction executed by the property owner 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 an Administrative Review Permit and Administrative Coastal Development Permit on the property Said Notice of Restnction shall note the property descnption, location of the file containing complete project details and all conditions of approval as well as any conditions or restnctions 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 owner/applicant or successor in interest 10 Developer shall report, in writing, to the City planner within 30 days, any address change from that which is shown on the permit application RP 2017-0014/CDP 2017-0070 {DEV15049) - ST. MICHAEL'S BY-THE-SEA PICKLEBALL COURT May 16, 2018 Page 8 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 Within 90 days of this approval, the owner/applicant shall Install a 12-foot vertical chaln-link fence along the east side of the pickleball courts with six foot linear returns. Said fence shall Include the Installation of Acoustifence (noise barrier) material sandwiched between two layers of green colored chain-link fabric.\The final design shall be approved by the City planner prior to the issuance of the building permit. 13 Pickleball play shall be limited to 8:00 am until dusk dally, except as otherwise restncted. Pickleball play shall be prohibited dunng Sunday morning church services. No lighting of pickleball courts for play is permitted. r 14 Pickleball play shall be prohibited on the following holidays: Christmas Eve Day, Christmas Day, New Year's Day, Easter Day, and Thanksgiving Day. 15 Amplified noise is not permitted in conjunction with the pickleball use. 16 No additional amenlties/facllltles may be added to the proposed pickleball use and/or site without prior City approval of an amendment to this permit. 17 Within 90 days of this approval, the owner/applicant shall install landscaping in front of the 12- foot vertical fence to visually screen said fence. The final design shall be approved by the Qty planner prior to installation. 18 Developer shall submit and obtain City planner approval of a Final Landscape and Irrigation Plan, or a Prescriptive Compliance Option landscape plan if applicable, showing conformance with the city's Landscape Manual Developer shall construct and install all landscaping and irrigation as shown on the approved Final Plans All landscaping shall be maintained in a healthy and thnving condition, free from weeds, trash, and debris All irngation systems shall be maintained to provide the optimum amount of waterto the landscape for plant growth without causing soil erosion and runoff 19 The first submittal of Final Landscape and Irrigation Plans, or Prescnptive Compliance Option landscape plans if applicable, shall be pursuant to the landscape plancheck process on file in the Planning Division \ Code Reminders: 20. 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 21 Developer shall pay a landscape plancheck and inspection fee as required by Section 20 08 050 of the Carlsbad Municipal Code RP 2017-0014/CDP 2017-0070 (DEV15049) - ST. MICHAEL'S BY-THE-SEA PICKLEBAa COURT May 16, 2018 Page 9 ^ 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 Cliff Jones at 760-602-4613 Sincerely, 8l7L DON NEU, AlCP City Planner DN ajb Debbie Fountain, Community & Economic Development Director Jason Geldert, Project Engineer Alexander Maniscaico Patrick Connolly Tom Toone Paul Nixon Brett Smith Bruce Neville Christina Cinque Amanda Mascia HPRM/File Copy Data Entry