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HomeMy WebLinkAbout2000-11-15; Planning Commission; Resolution 48681 2 3 4 5 6 I 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 1 2 ? 4 5 6 7 E s 1c 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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: PC RESO NO. 4868 -2- - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 PC RESO NO. 4868 -3- 1 2 3 4 5 6 I 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. 6. 7. 8. 9. 10. 11. 12. 13. - 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 PC RESO NO. 4868 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 14. 15. 16. 17. 18. 19. - 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 PC RESO NO. 4868 -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 20. 21. 22. 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 23. 24. 25. 26. 27. 28. 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 PC RESO NO. 4868 -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29. 30. 31. 32. 33. 34, 35. 36. 37. 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 PC RESO NO. 4868 -7- f ; f c lf 11 12 13 14 15 lf 1; 18 1s 2c 21 22 23 24 25 26 21 28 38. 39. 40. 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. PC RESO NO. 4868 -8- -. f 7 E 5 l( 11 12 13 14 15 16 17 18 19 2c 21 22 23 24 25 26 27 28 41. 42. 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. 45. 46. 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. 49. 50. 51. 52. 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. PC RESO NO. 4868 -9- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. PC RESO NO. 4868 -lO- 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 PC RESO NO. 4868 -11-