HomeMy WebLinkAbout2000-11-15; Planning Commission; Resolution 48681
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PLANNING COMMISSION RESOLUTION NO. 4868
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE
DEVELOPMENT PLAN SDP 00-06 TO ALLOW THE
CONSTRUCTION AND OPERATION OF A 11,620 SQUARE
FOOT CHURCH AND DAYCARE FACILITY WITHIN AVIARA
PLANNING AREA 32B, ON PROPERTY GENERALLY
LOCATED AT THE SOUTHWEST CORNER OF POINSETTIA
LANE AND AMBROSIA LANE IN LOCAL FACILITIES
MANAGEMENT ZONE 19.
CASE NAME: DAYBREAK COMMUNITY CHURCH
CASE NO.: SDP 00-06
WHEREAS, Daybreak Community Church, “Developer”/“Owner”, has tiled a
verified application with the City of Carlsbad regarding property described as
Lot 8 of Carlsbad Tract No. CT 92-03, according to Map No.
13434, tiled in the Oftice of the County Recorder on June 23,
1997, in the City of Carlsbad, County of San Diego, State of
California
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Site Development
Plan as shown on Exhibits “A” - “G” dated November 15, 2000, on tile in the Planning
Department, DAYBREAK COMMUNITY CHURCH - SDP 00-06 as provided by Chapter
21.06 of the Carlsbad Municipal Code and the Aviara Master Plan; and
WHEREAS, the Planning Commission did, on the 15th day of November, 2000,
hold a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the Site Development Plan.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct
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B) That based on the evidence presented at the public hearing, the Planning
Commission APPROVES DAYBREAK COMMUNITY CHURCH - SDP
00-06 based on the following findings and subject to the following conditions:
Findings:
1. That the requested use is properly related to the site, surroundings and environmental
settings, is consistent with the various elements and objectives of the General Plan, will
not be detrimental to existing uses or to uses specifically permitted in the area in which
the proposed use is to be located, and will not adversely impact the site, surroundings or
traffic circulation, in that the proposal provides worship and daycare services in an
area of the City lacking these facilities; the project will provide safe parking areas
and emergency access without encroaching into existing open space.
2. That the site for the intended use is adequate in size and shape to accommodate the use, in
that the proposed building and the required parking and landscaping can fit within
the boundaries of the developable area of the property, without need to encroach
into required setbacks or approved open space.
3. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust
the requested use to existing or permitted future uses in the neighborhood will be
provided and maintained, in that the project is completely surrounded by landscaping
and is placed within the buildable portion of the lot.
4. That the street systems serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the proposal would generate a total of 165
additional average daily trips, which can be supported by Ambrosia Lane (a
collector street) and Poinsettia Lane (a major arterial roadway).
5. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 19 and all City public facility policies and
ordinances. The project includes elements or has been conditioned to construct or
provide funding to ensure that all facilities and improvements regarding: sewer collection
and treatment; water; drainage; circulation; fire; schools; parks and other recreational
facilities; libraries; government administrative facilities; and open space, related to the
project will be installed to serve new development prior to or concurrent with need.
Specifically,
a. The project has been conditioned to provide proof from the Carlsbad Unified
School District that the project has satisfied its obligation for school facilities.
6.
b. The Public Facility fee is required to be paid by Council Policy No. 17 and will be
collected prior to the issuance of building permit.
That the project is consistent with the City’s Landscape Manual (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section I B).
7. The Planning Director has determined that:
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a. the project is a project for which a Mitigated Negative Declaration
(Aviara Phase III - CT 92-03) was previously adopted [ 15 1621.
b. this project is consistent with the project cited above;
C. Mitigated Negative Declaration (Aviara Phase III - CT 92-03) was
approved in connection with the prior project or plan;
d. the project has no new significant environmental effect not analyzed as
significant in the prior Mitigated Negative Declaration;
e. none of the circumstances requiring a Subsequent Mitigated Negative
Declaration or a Supplemental EIR under CEQA Guidelines Sections
15162 or 15163 exist;
8. The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed
to mitigate impacts caused by or reasonably related to the project, and the extent and the
degree of the exaction is in rough proportionality to the impact caused by the project.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to grading or
building permit, whichever occurs first.
1. If any of the following conditions fail to occur; or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein 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; institute and prosecute litigation to
compel their compliance with said conditions or seek damages for their violation. No
vested rights are gained by Developer or a successor in interest by the City’s approval of
this Site Development Plan.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Site Development Plan documents, as necessary to make them
internally consistent and in conformity with the final action on the project. Development
shall occur substantially as shown on the approved Exhibits. Any proposed development
different from this approval, shall require an amendment to this approval.
3. The Developer shall comply with all applicable provisions of federal, state, and local
laws and regulations in effect at the time of building permit issuance.
4. If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project
are challenged, this approval shall be suspended as provided in Government Code Section
66020. If any such condition is determined to be invalid this approval shall be invalid
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unless the City Council determines that the project without the condition complies with
all requirements of law.
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 Site Development Plan, (b)
City’s approval or issuance of any permit or action, whether discretionary or non-
discretionary, in connection with the use contemplated herein, and (c)
Developer/Operator’s installation and operation of the facility permitted hereby,
including without limitation, any and all liabilities arising from the emission by the
facility of electromagnetic fields or other energy waves or emissions.
The Developer shall submit to Planning Department a reproducible 24” x 36”, mylar
copy of the Site Plan reflecting the conditions approved by the final decision making
body.
The Developer shall include, as part of the plans submitted for any permit plan check, a
reduced legible version of all approving resolution(s) in a 24” x 36” blueline drawing
format (including any applicable Coastal Commission approvals).
Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the School District that this project has satisfied its obligation to provide
school facilities.
This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 19 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits
Building permits will not be issued for this project unless the local agency providing
water and sewer services to the project provides written certification to the City that
adequate water service and sewer facilities, respectively, are available to the project at the
time of the application for the building permit, and that water and sewer capacity and
facilities will continue to be available until the time of occupancy.
This approval is granted subject to the approval of CUP 00-06 and CDP 00-09 and is
subject to all conditions contained in Planning Commission Resolutions No. 4869 and
4870 for those other approvals.
This approval shall become null and void if building permits are not issued for this
project within two years from the date of project approval.
Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
#17, the License Tax on new construction imposed by Carlsbad Municipal Code Section
5.09.030, and CFD #l special tax (if applicable), subject to any credits authorized by
G&bad Municipal Code Section 5.09.040. Developer shall also pay any applicable
Local Facilities Management Plan fee for Zone 19, pursuant to Chapter 21.90. All such
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taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this
approval will not be consistent with the General Plan and shall become void.
All roof appurtenances, including air conditioners, shall be architecturally integrated and
concealed from view and the sound buffered from adjacent properties and streets, in
substance as provided in Building Department Policy No. 80-6, to the satisfaction of the
Directors of Community Development and Planning.
The Developer is aware that the City is preparing a non-residential housing impact fee
(linkage fee) consistent with Program 4.1 of the Housing Element. The applicant is
further aware that the City may determine that certain non-residential projects may have
to pay a linkage fee, in order to be found consistent with the Housing Element of the
General Plan, If a linkage fee is established by City Council ordinance and/or resolution
and this project becomes subject to a linkage fee pursuant to said ordinance and/or
resolution, then the Developer, or his/her/their successor(s) in interest shall pay the
linkage fee. The linkage fee shall be paid at the time of issuance of building permits,
except for projects involving a request for a non-residential planned development for an
existing development, in which case, the fee shall be paid on approval of the final map,
parcel map or certificate of compliance, required to process the non-residential PUD,
whichever pertains. If linkage fees are required for this project, and they are not paid, this
project will not be consistent with the General Plan and approval for this project will
become null and void.
The Developer shall submit and obtain Planning Director approval of a Final Landscape
and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan
and the City’s Landscape Manual. The Developer shall construct and install all
landscaping as shown on the approved Final Plans, and maintain all landscaping in a
healthy and thriving condition, free from weeds, trash, and debris.
The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
landscape plan check process on file in the Planning Department and accompanied by the
project’s building, improvement, and grading plans.
Prior to the issuance of the building or grading permit, whichever occurs first, the
Developer shall submit to the City a Notice of Restriction to be tiled in the oftice of the
County Recorder, subject to the satisfaction of the Planning Director, notifying all
interested parties and successors in interest that the City of Carlsbad has issued a Site
Development Plan, Conditional Use Permit and Coastal Development Permit by
Resolutions No. 4868, 4869, and 4870 on the real property owned by the Developer.
Said Notice of Restriction shall note the property description, location of the file
containing complete project details and all conditions of approval as well as any
conditions or restrictions specified for inclusion in the Notice of Restriction, The
Planning Director has the authority to execute and record an amendment to the notice
which modifies or terminates said notice upon a showing of good cause by the Developer
or successor in interest.
The Developer shall construct trash receptacle and recycling areas enclosed by a six-foot
high masonry wall with gates pursuant to City Engineering Standards and Carlsbad
Municipal Code Chapter 2 1.105. Location of said receptacles shall be approved by the
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Planning Director. Enclosure shall be of similar colors and/or materials to the project to
the satisfaction of the Planning Director.
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 Planning Director of an Outdoor Storage Plan, and thereafter comply with the
approved plan.
The Developer shall submit and obtain Planning Director approval of an exterior lighting
plan including parking areas. All lighting shall be designed to reflect downward and
avoid any impacts on adjacent homes or property.
Compact parking spaces shall be located in large groups, and in locations clearly marked
to the satisfaction of the Planning Director.
Engineering Conditions:
General
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Prior to hauling dirt or construction materials to or from any proposed construction site
within this project, Developer shall apply for and obtain approval from the City Engineer
for the proposed haul route.
Prior to issuance of any building permit, Developer shall comply with the requirements of
the City’s anti-graffiti program for wall treatments if and when such a program is
formally established by the City.
Developer shall install sight distance corridors at all street intersections in accordance
with Engineering Standards.
Developer shall cause property owner to execute and submit to the City Engineer for
recordation the City’s standard form Geologic Failure Hold Harmless Agreement.
Developer shall cause property owner to execute and submit to the City Engineer for
recordation the City’s standard form Drainage Hold Harmless Agreement regarding
drainage across the adjacent property.
Developer shall cause property owner to execute, record and submit a recorded copy to
the City Engineer, a deed restriction on the property which relates to the proposed cross
lot drainage as shown on the site plan. The deed restriction document shall be in a form
acceptable to the City Engineer and shall:
A.
B.
Clearly delineate the limits of the drainage course;
State that the drainage course is to be maintained in perpetuity by the underlying
property owner; and
C. State that all future use of the property along the drainage course will not restrict,
impede, divert or otherwise alter drainage flows in a manner that will result in
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damage to the underlying and adjacent properties or the creation of a public
nuisance.
Prior to approval of any grading or building permits for this project, Developer shall
cause Owner to give written consent to the City Engineer to the annexation of the area
shown within the boundaries of the subdivision into the existing City of Carlsbad Street
Lighting and Landscaping District No. 1, on a form provided by the City Engineer.
Prior to the issuance of a grading permit or building permit, whichever occurs first,
Developer shall submit to the City Engineer proof that a Notice of Intention for the start
of work has been submitted to the State Water Resources Control Board.
Upon completion of grading, Developer shall file an “as-graded” geologic plan with the
City Engineer. The plan shall clearly show all the geology as exposed by the grading
operation, all geologic corrective measures as actually constructed and must be based on
a contour map which represents both the pre and post site grading. The plan shall be
signed by both the soils engineer and the engineering geologist, and shall be submitted on
a 24” x 36” mylar or similar drafting film format suitable for a permanent record.
This project requires off site grading. No grading for private improvements shall occur
outside the limits of this approval unless Developer obtains, records and submits a
recorded copy to the City Engineer a grading or slope easement or agreement from the
owners of the affected properties. If Developer is unable to obtain the grading or slope
easement, or agreement, no grading permit will be issued. In that case Developer must
either apply for and obtain an amendment of this approval or modify the plans so grading
will not occur outside the project and apply for and obtain a finding of substantial
conformance from both the City Engineer and Planning Director.
Based upon a review of the proposed grading and the grading quantities shown on the site
plan, a grading permit for this project is required. Developer shall apply for and obtain a
grading permit from the City Engineer prior to issuance of a building permit for the
project.
If a Grading Permit is required, all grading activities shall be planned in units that can be
completed by October 1st. Grading activities shall be limited to the “dry season”, April
1st to October 1st of each year. Grading activities may be extended to November 15th
upon written approval of the City Engineer, obtained in advance, and only if all erosion
control measures are in place by October 1st.
Prior to building permit or grading permit issuance, whichever occurs first, Owner
shall dedicate to the City temporary slope, drainage and construction easements for
the future construction of Poinsettia Lane along the northwest corner of the project
site.
Additional drainage easements may be required. Developer shall dedicate and provide or
install drainage structures, as may be required by the City Engineer, prior to or concurrent
with any grading or building permit.
Developer shall provide the design of all private streets and drainage systems to the
satisfaction of the City Engineer. The structural section of all private streets shall conform
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to City of Carlsbad Standards based on R-value tests. All private streets and drainage
systems shall be inspected by the City. Developer shall pay the standard improvement
plancheck and inspection fees.
Developer shall execute a City standard development Improvement Agreement to install
and secure with appropriate security as provided by law, public improvements shown on
the site plan and the following improvements including, but not limited to paving, base,
sidewalks, curbs and gutters, medians, grading, clearing and grubbing, sewer, water,
storm drain system, tire hydrants, street lights, retaining walls and reclaimed water, to
City Standards to the satisfaction of the City Engineer.
A. Poinsettia Lane to major arterial street standards.
B. Ambrosia Lane to collector street standards.
Improvements listed above shall be constructed within 18 months of approval of the
development improvement agreement or such other time as provided in said
agreement.
Developer shall have the entire drainage system designed, submitted to and approved by
the City Engineer, to ensure that runoff resulting from lo-year frequency storms of 6
hours and 24 hours duration under developed conditions, are equal to or less than the
runoff from a storm of the same frequency and duration under existing developed
conditions. Both 6 hour and 24 hour storm durations shall be analyzed to determine the
detention basin capacities necessary to accomplish the desired results.
Developer shall comply with the City’s requirements of the National Pollutant Discharge
Elimination System (NPDES) permit. Developer shall provide improvements constructed
pursuant to best management practices as referenced in the “California Storm Water Best
Management Practices Handbook” to reduce surface pollutants to an acceptable level
prior to discharge to sensitive areas. Plans for such improvements shall be submitted to
and subject to the approval of the City Engineer. Said plans shall include but not be
limited to notifying prospective owners and tenants of the following:
A. All owners and tenants shall coordinate efforts to establish or work with
established disposal programs to remove and properly dispose of toxic and
hazardous waste products.
B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil,
antifreeze, solvents, paints, paint thinners, wood preservatives, and other such
fluids shall not be discharged into any street, public or private, or into storm drain
or storm water conveyance systems. Use and disposal of pesticides, fungicides,
herbicides, insecticides, fertilizers and other such chemical treatments shall meet
Federal, State, County and City requirements as prescribed in their respective
containers.
C. Best Management Practices shall be used to eliminate or reduce surface pollutants
when planning any changes to the landscaping and surface improvements.
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Prior to occupancy, Developer shall install wheelchair ramps at the public street comers
abutting the project site in conformance with City of Carlsbad Standards.
Prior to building permit or grading permit issuance, whichever occurs first Developer
shall have design, apply for and obtain approval of the City Engineer, for the structural
section for the access aisles with a traffic index of 5.0 in accordance with City Standards
due to truck access through the parking area and/or aisles with an ADT greater than 500.
The structural pavement design of the aisle ways shall be submitted together with
required R-value soil test information and approved by the City Engineer as part of the
building or grading plan review whichever occurs first.
Water Conditions:
43. The developer shall meet with the City Fire Marshal and establish tire protection
requirements, tire hydrant locations and tire sprinkler systems.
44. The developer’s engineer of work shall meet with the Deputy City Engineer ~ Utilities to
discuss preliminary layouts for public water line improvements and the fire detector
check valve location.
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The developer shall place potable and recycled water meters in the public right-of-way.
All pipelines and appurtenances required for this project shall be within public right-of-
way or within easements granted to CMWD and/or the City of Carlsbad.
47. All landscaping shall be designed to be irrigated with recycled water in accordance with
CMWD standards and City ordinances.
Code Reminders:
48.
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The Developer shall pay a landscape plan check and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
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.
The project shall comply with the latest non-residential disabled access requirements
pursuant to Title 24 of the State Building Code.
Addresses, approved by the Building Official, shall be placed on all new and existing
buildings so as to be plainly visible from the street or access road; color of identification
and/or addresses shall contrast to their background color, as required by Carlsbad
Municipal Code Section 18.04.320.
Any signs proposed for this development shall at a minimum be designed in conformance
with the City’s Sign Ordinance and shall require review and approval of the Planning
Director prior to installation of such signs.
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53. Developer shall exercise special care during the construction phase of this project to
prevent offsite siltation, Planting and erosion control shall be provided in accordance
with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction
of the City Engineer.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees,
dedications, reservations, or other exactions hereafter collectively referred to for convenience as
“fees/exactions.”
You have 90 days from date of final approval to protest imposition of these fees/exactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
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.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the planning
Commission of the City of Carlsbad, California, held on the 15th day of November 2000, by the
following vote, to wit:
AYES: Chairperson Compas, Commissioners Baker, Heineman,
L’Heureux, Nielsen, Segall, and Trigas
NOES:
ABSENT:
ABSTAIN:
WILLIAM COMPAS, Chairp&on
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
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