HomeMy WebLinkAbout2002-05-15; Planning Commission; Resolution 51991
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PLANNING COMMISSION RESOLUTION NO. 5199
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO ALLOW A CHURCH ON
PROPERTY GENERALLY LOCATED WEST OF CAMINO DE
LOS COCHES BETWEEN RANCHO SANTA FE ROAD AND
LA COSTA AVENUE IN LOCAL FACILITIES MANAGEMENT
ZONE 11
CASE NAME: CHURCH OF JESUS CHRIST - LDS
CASE NO.: CUP 01-04
WHEREAS, The Corporation of the Presiding Bishop of the Church of Jesus
Christ of Latter Day Saints, “Developer” and “Owner”, has filed a verified application with the
City of Carlsbad regarding property described as
That portion of Parcel 4 of Parcel Map 13524 in the City of
Carlsbad, County of San Diego, State of California, filed in the
Office of the County Recorder of San Diego County, October
28,1984, as File No. 84-403293 of Official Records, including a
portion of Mission Estancia dedicated on said Parcel Map.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit as shown on Exhibit(s) “A” - “L” dated May 15,2002, on file in the Carlsbad Planning
Department, CHURCH OF JESUS CHRIST - LDS - CUP 01-04, as provided by Chapter
21.42 andor 21 SO of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 15th day of May, 2002, 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 CUP.
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 Commission
APPROVES CHURCH OF JESUS CHRIST-LDS - CUP 01-04, based on the
following findings and subject to the following conditions:
Findings:
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That the requested use is necessary or desirable for the development of the community, is
essentially in harmony with the various elements and objectives of the General Plan, and
is not detrimental to existing uses specifically permitted in the zone in which the
proposed use is located, in that the proposed church provides worship services
available to residents of the surrounding neighborhood. Although the site is within
a single and multi-family residential area, it is somewhat removed from these
adjacent properties. Camino de 10s Coches and a 25’ grade differential separate the
project from development to the east and an average 120’ wide drainage channel
and wetland buffer separate the project from development on the west. Because of
the physical separation, the project is not expected to have detrimental effects
regarding light or noise. Stage Coach Park ballfields abut the site to the south
thereby avoiding land use conflicts.
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 portion of the property with no need to encroach
into required setbacks. The project has a building coverage of 5.67% when 60% is
allowed and all setbacks are well above the minimum required.
That all the 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 all of the proposed development fits within the buildable portion of the lot. No
special conditions will be necessary to adjust the requested use for compatibility
with existing or future permitted uses.
That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the proposed use will generate 750 additional
trips on assembly days. The site is accessed on Camino de 10s Coches via Rancho
Santa Fe Road and La Costa Avenue which are circulation arterial roadways that
operate at acceptable levels of service.
That places of worship are expressions of faith and traditionally have “towering”
elements which may be permitted by Zoning Section 21.42.060 to reasonably exceed
the height limit established by the underlying zone. The 60’ high church steeple is
not unreasonable in that this height is consistent with the height of both the adjacent
ballfield light standards and residential structures fronting on Sitio Baya above
Camino de 10s Coches.
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.
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Conditions:
Note: Unless specifically stated in the condition, all of the following conditions, upon th
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approval-of this Conditional Use Permit, must be met prior to-approval of a grading
permit.
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 fbrther 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 Conditional Use Permit.
Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Conditional Use 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.
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.
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
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 Conditional Use Permit, (b)
City's approval or issuance of any permit or action, whether discretionary or non-
discretionary, in connection with the use contemplated herein, and (c)
Developer/Operator's installation and operation of the facility permitted hereby,
including without limitation, any and all liabilities arising from the emission by the
facility of electromagnetic fields or other energy waves or emissions. This obligation
survives until all legal proceedings have been concluded and continues even if the City's
approval is not validated.
The Developer shall submit to the Planning Department a reproducible 24" x 36",
mylar copy of the Conditional Use Permit Site Plan reflecting the conditions approved
by the final decision making body.
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Prior to the issuance of a building permit, the Developer shall provide proof to the
Director fiom the Encinitas Union Elementary School District and San Dieguito High
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 11 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 Conditional Use Permit shall be reviewed by the Planning Director annually 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 and welfare. If
the Planning Director determines that the use has such substantial negative effects, the
Planning Director shall recommend that the Planning Commission, after providing the
permittee the opportunity to be heard, add additional conditions to reduce or eliminate the
substantial negative effects.
This Conditional Use Permit is granted for a period of 10 years from date of approval of
GPA 01-13. This permit may be revoked at any time after a public hearing, if it is found
that the use has a substantial detrimental effect on surrounding land uses and the public’s
health and welfare, or the conditions imposed herein have not been met. This permit may
be extended for a reasonable period of time not to exceed 10 years upon written
application of the permittee made no less than 90 days prior to the expiration date. The
Planning Commission 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
Planning Commission may grant.
No illumination within the steeple element of the structure shall be permitted.
This approval is granted subject to the approval of the Mitigated Negative Declaration
and Mitigation Monitoring and Reporting Program, GPA 01-13 and HDP 01-10 and
is subject to all conditions contained in Planning Commission Resolutions No. 5197,
5198, and 5200 incorporated herein by reference for those other approvals.
This approval shall become null and void if building permits are not issued for this
project within 24 months fkom the date of project approval.
If required by the California Department of Fish and Game, the developer shall
dedicate a conservation easement over the area designated as General Plan Open
Space for the purpose of protecting and preserving wetlands.
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16. Removal of native vegetation and development within the portion of the property
designated as General Plan Open Space, including but not limited to fences, walls,
decks, storage buildings, pools, spas, stairways and landscaping, other than that approved
as part of (the grading plan, improvement plans, biological revegetation program,
landscape plan, etc.) as shown on Exhibit "A", is specifically prohibited, except upon
written order of the Carlsbad Fire Department for fire prevention purposes, or upon
written approval of the Planning Director, and (California Coastal Commission if in
Coastal Zone), based upon a request fiom the LDS Church accompanied by a report
fiom a qualified arboristhotanist indicating the need to remove specified trees and/or
plants because of disease or impending danger to adjacent habitable dwelling units. For
areas containing native vegetation the report required to accompany the request shall be
prepared by a qualified biologist.
Engineering:
General
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Prior to hauling dirt or construction materials to or fiom any proposed construction site
within this project, Developer shall apply for and obtain approval fiom 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 streets/driveways/intersections in
accordance with Engineering Standards and Caltrans requirements and shall record the
following statement on the project's final grading and landscape plans:
"No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above
the street level may be placed or permitted to encroach within the area identified
as a sight distance corridor in accordance with City Standard Public Street-Design
Criteria, Section 8.B.3. The underlying property owner shall maintain this
condition."
Additionally, the limits of the sight distance corridors shall be reflected on any
improvement, grading, or landscape plan prepared in association with this project.
Fees/Ameements
20. This project is within the proposed boundary of the Rancho Santa Fe Road and
Olivenhain Road Community Facilities Fee District No. 2. The project is required
to execute the district prepayment agreement and pay a fair-share contribution to
the district.
21. 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.
22. Developer shall cause property owner to execute and submit to the City Engineer for
recordation the City's standard form - Drainage Hold Harmless Agreement.
PC RES0 NO. 5199 -5-
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23. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on
the site plan are for planning purposes only. Developer shall pay traffic impact fees
based on Section 18.42 of the City of Carlsbad Municipal Code.
24. A City standard encroachment agreement shall be executed by the owner of the
property for the on-site parking median encroachment on the proposed 24" RCP
public storm drain, as shown on the site plan.
Grading
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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 may require 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
proj ect .
Dedicationshprovements
29. Developer shall cause Owner to dedicate to the City andor other appropriate public
entities all public easements shown on the site plan. The offer shall be made by a
separate recorded document. All land so offered shall be offered free and clear of all
liens and encumbrances and without cost to the City and/or other appropriate public
entities.
30. 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.
3 1. Developer shall provide the design of all drainage systems to the satisfaction of the City
Engineer. All drainage systems shall be inspected by the City. Developer shall pay the
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standard improvement plan check and inspection fees.
Developer shall execute and record a City standard Development Improvement
Agreement to install and secure with appropriate security as provided by law, public
improvements shown on the site plan, to City Standards to the satisfaction of the City
Engineer, which include, but are not limited to:
A. 24” RCP Storm Drain with Water Tight Joints;
B. Storm drains shall be added in front of the proposed stormceptors, or the
stormceptor inlet shall be reconfigured so that surface runoff into the
stormceptor flows into the stormceptor treatment chamber (see CSR
Stormceptor technical manual Section’s 1.2 and 2.1, “Inlet
configuration”);
C. Root Barriers for the Landscaping within the proposed on-site Parking
Median that Encroaches on the proposed 24” RCP Storm Drain;
D. Relocation of Utilities; and,
E. Roadway Striping and Signing.
Drainage improvements listed above shall be constructed concurrently with site
grading.
Other 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.
Prior to issuance of the grading permit, the applicant shall submit for City approval a
final “Storm Water Pollution Prevention Plan (SWPPP).” The SWPPP shall be in
compliance with current requirements and provisions established by the San Diego
Region of the California Regional Water Quality Control Board. The SWPPP shall
address measures to reduce to the maximum extent possible storm water pollutant runoff
at both construction and post-construction phases of the project. At a minimum, the
SWPPP shall:
A. Identify existing and post-development on-site pollutants;
B. Recommend source control Best Management Practices (BMPs) to filter said
pollutants;
C. Establish specific procedures for handling spills and routine clean up. Special
considerations and effort shall be applied to employee education on the proper
procedures for handling clean up and disposal of pollutants; and,
D. Ensure long-term maintenance of all post construction BMPs in perpetuity.
Developer shall install wheelchair ramps at the project driveways along Camino De
Los Coches in conformance with City of Carlsbad Standards.
Prior to building permit issuance, Developer shall design, apply for and obtain, approval
of the City Engineer for the structural section for the access aisles, in accordance with
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City Standards, due to 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 grading plan review.
36. Developer shall incorporate into the gradinghmprovement plans the design for the project
drainage outfall end treatments for any drainage outlets where a direct access road for
maintenance purposes is not practical. These end treatments shall be designed so as to
prevent vegetation growth from obstructing the pipe outfall. Designs could consist of a
modified outlet headwall consisting of an extended concrete spillway section with
longitudinal curbing and/or radially designed rip-rap, or other means deemed appropriate
(e.g., SDRSD D-41), to the satisfaction of the City Engineer.
Water, Sewer. Recycled Water Conditions
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This project is approved upon the expressed condition that building permits will not be
issued for the development of the subject property, unless the Leucadia and Olivenhain
Municipal Water District, District Engineers have determined that adequate water and
sewer facilities are available at the time of occupancy. It is incumbent upon Developer
to process improvement drawings and obtain approvals from these agencies.
Prior to issuance of grading permit, the recycled water system shall be evaluated in
detail to ensure that adequate capacity, pressure, and flow demands can be met to the
satisfaction of the Olivenhain Municipal Water District, District Engineer.
Prior to approval of improvement plans, Developer shall meet with the Fire Marshal to
determine if fire protection measures (fire flows and building sprinklers) are required to
serve the project. If on-site fire hydrants are required, they shall be considered a
public improvement and shall be served by public water mains, within 20’ public
easements to the satisfaction of the Olivenhain and Carlsbad District Engineer’s.
Prior to issuance of building permit, any trenching done within public streets, which
have been pavedcapped within the previous five (5) years, to install any utilities
shall be repaired by completely resurfacing the street from the curb line to the edge
of the adjacent lane at a minimum 11’ width, to the satisfaction of the City Engineer.
Code Reminders:
41. Developer shall pay a landscape plan check and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
42. 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.
43. The project shall comply with the latest non-residential disabled access requirements
pursuant to Title 24 of the State Building Code.
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Premise identification (addresses) shall be provided consistent with 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.
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 flom 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 feedexactions
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 feedexactions 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 May, 2002 by the
following vote, to wit:
AYES: Chairperson Trigas, Commissioners Baker, Heineman, Segall, and
White
NOES: None
ABSENT: Commissioners Dominguez and Whitton
ABSTAIN: None
SEENA TRIGAS, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J.~OL~ILLER
Planning Director
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