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HomeMy WebLinkAbout2004-01-07; Planning Commission; Resolution 55321 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 PLANNING COMMISSION RESOLUTION NO. 5532 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE DEVELOPMENT PLAN SDP 02-16 FOR THE DEVELOPMENT OF A CHURCH CAMPUS ON 6.43 ACRES ON PROPERTY GENERALLY LOCATED SOUTH OF CALLE BARCELONA AND EAST OF PASEO ALISO IN LOCAL FACILITIES MANAGEMENT ZONE 12. CASE NAME: COASTLINE COMMUNITY CHURCH CASE NO.: SDP 02-16 WHEREAS, Coastline Community Church, “Developer/Owner,” has filed a verified application with the City of Carlsbad regarding property described as Lot 482 of Carlsbad Tract No. 88-03-02, Arroyo La Costa, Unit 2 (Villages G, H, J, P, Q, R and S), in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 13386, filed in the Office of the County Recorder of San Diego County, December 20,1996 (“the Property”); and WHEREAS, said verified application constitutes a request for a Site Development Plan as shown on Exhibits “A” - “Q” dated January 7, 2004, on file in the Planning Department, COASTLINE COMMUNITY CHURCH - SDP 02-16 as provided by Chapter 21.06/Section 21.53.120 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 7th day of January, 2004, 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 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 B) That based on the evidence presented at the public hearing, the Planning Commission APPROVES COASTLINE COMMUNITY CHURCH - SDP 02-16 based on the following findings and subject to the following conditions: Findinps: 1. 2. 3. 4. 5. 6. 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 Arroyo La Costa Master Plan was adopted with consideration of the plan’s consistency with General Plan goals and policies as well as compatibility of land uses and traffic impacts and that the site is designated for a church within the adopted Master Plan. That the site for the intended use is adequate in size and shape to accommodate the use, in that the project as proposed meets and exceeds all of the setback and height development standards of the Arroyo La Costa Master Plan. 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 no variances have been requested and no special adjustments are necessary. That the street systems serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that adoption of the Arroyo La Costa Master Plan included an assessment of traffic impacts and adjacent roadway capacities and the project as proposed is within those assumed for the site. The Planning Director has determined that a. the project is a subsequent activity of the Arroyo La Costa Master Plan (EIR 86- OZ), a project for which a program EIR was prepared, and a notice for the activity has been given, which includes statements that this activity is within the scope of the program approved earlier, and that the program EIR adequately describes the activity for the purposes of CEQA); this project is consistent with the plan cited above; EIR 86-02 was certified in connection with the prior plan; the project has no new significant environmental effect not analyzed as significant in the program EIR; none of the circumstances requiring a Subsequent EIR or a Supplemental EIR under CEQA Guidelines Sections 15 162 or 15 163 exist; All mitigation measures appropriate to this property of EIR 86-02 have been completed. b. c. d. e. f. 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. PC RES0 NO. 5532 -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 Conditions: Note: 1. 2. 3. 4. 5. 6. Unless otllenvise specified herein, all conc building permit. itions sha be satisfied prior to issuance of a 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 fbture 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. 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. 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. 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. This obligation survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of the Site Plan reflecting the conditions approved by the final decision making body. PC RES0 NO. 5532 -3- 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 7. 8. 9. 10. 11. 12. 13. 14. 15. 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 Encinitas Union/San Dieguito Union High School Districts that this project has satisfied its obligation to provide school facilities. This project shall comply with all conditions and mitigation measures that are required as part of the Zone 12 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 shall become null and void if building permits are not issued for this project within 24 months from the date of project approval. 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. 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. 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. Prior to the issuance of the building permit, Developer shall submit to the City a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifjmg all interested parties and successors in interest that the City of Carlsbad has issued a Site Development Plan by Resolution No. 5532 on the property. 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 that modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. No permanent 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. PC RES0 NO. 5532 -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 16. 17. 18. 19. 20. 21. 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. Developer shall construct, install and stripe not less than 147 parking spaces, as shown on the approved exhibits. Prior to issuance of a building permit for the temporary modular classroom buildings, developer shall submit and receive approval by the Planning Director of the exterior design and placement of the temporary modular classroom buildings proposed for use in Phase 2 while the permanent classroom buildings are under construction in Phases I11 A and B. The temporary modular classroom buildings may only be located onsite for a period of 24 months from the date of issuance of a certificate of occupancy for the modular building. Two one year extensions may be granted by the Planning Director for a total of 48 months of use if the applicant has demonstrated that they have diligently pursued completion of Phases I11 A and B, but require additional time to complete them. Engineering General 22. 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. PC RES0 NO. 5532 -5- 23. Hours of use for each building shall be limited to those disclosed by the applicant. The community building shall limit formally scheduled activities to those time periods outside of the hours of main services for worship in the sanctuary which are Saturdays from 5:OO p.m. to 8:OO p.m. and Sundays from 7:OO a.m. to 12:OO p.m. Formally scheduled community use of the classroom buildings shall be limited to those time periods outside of the hours of main services for worship in the sanctuary which are Saturday from 500 p.m. to 8:OO p.m. and Sundays from 7:OO a.m. to 12:OO p.m. If, at any time, the City Council, Planning Commission or Planning Director determine that there has been, or may be, a violation of the findings or conditions of this Site Development Plan, or of the Municipal Code regulations, a public hearing may be held before the Planning Commission to review this permit. At said hearing, the Planning Commission may add additional conditions, recommend additional enforcement actions, or revoke the permit entirely, as necessary to ensure compliance with the Municipal Code and to provide for the health, safety and general welfare of the City. 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 24. Developer shall install sight distance corridors at all street intersections in accordance with Engineering Standards. FeedAgreements 25. 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. 26. 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 and/or to the formation or annexation into an additional Street Lighting and Landscaping District. Said written consent shall be on a form provided by the City Engineer. Grading 27. 28. 29. 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. 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. Dedications/Improvemen ts 30. Prior to the issuance of a building permit, the applicant shall revise the existing striping plans on file with the City (DWG 323-8, Sheet 12 of 38) through the Engineering Department’s Plan Revision process. The plans shall be revised to remove and replace the median striping on Calle Barcelona with a left turn lane for entrance into the project driveway. The work shall be completed prior to occupancy and shall be performed under a right-of-way permit issued by the City. 31. Prior to the issuance of a grading permit or building permit, whichever occurs first, Developer shall submit for City approval a “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 and City of Carlsbad Requirements, The SWPPP shall address measures to reduce to the maximum extent practicable storm water pollutant runoff during construction of PC RES0 NO. 5532 -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 32. the project. At a minimum, the SWPPP shall: a. b. c. include all content as established by the California Regional Water Quality Control Board requirements; include the receipt of “Notice of Intent” issued by the California Regional Water Quality Control Board; recommend source control and treatment control Best Management Practices (BMPs) that will be implemented with this project to avoid contact or filter said pollutants from storm water to the maximum extent practicable before discharging to City right-of-way or natural drainage course; and 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. d. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer shall submit for City approval a “Storm Water Management Plan (SWMP).” The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban Stormwater Mitigation Plan (SUSMP), Order 2001-01 issued by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Municipal Code. The SWMP shall address measures to avoid contact or filter said pollutants from storm water, to the maximum extent practicable, for the post-construction stage of the project. At a minimum, the SWMP shall: a. b. c. identify existing and post-development on-site pollutants-of-concern; identify the hydrologic unit this project contributes to and impaired water bodies that could be impacted by this project; recommend source controls and treatment controls that will be implemented with this project to avoid contact or filter said pollutants from storm water to the maximum extent practicable before discharging to City right-of-way; 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; ensure long-term maintenance of all post construct BMPs in perpetuity; and identify how post-development runoff rates and velocities from the site will not exceed the pre-development runoff rates and velocities to the maximum extent practicable. d. e. f. 33. 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. ... PC RES0 NO. 5532 -7- 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 Special Condition 34. The Average Daily Trips (ADT) anc 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. Water - 35. 36. 37. 38. 39. 40. 41. 42. - Fire 43. 44. 45. 46. Prior to approval of improvement plans or final map, Developer shall meet with the Fire Marshal to determine if fire protection measures (fire flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be considered public improvements and shall be served by public water mains to the satisfaction of the District Engineer. The Developer shall design and construct public facilities within public right-of-way or within minimum 20-foot wide easements granted to the District or the City of Carlsbad. At the discretion of the District Engineer, wider easements may be required for adequate maintenance, access and/or joint utility purposes. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges for connection to public facilities. Developer shall pay the San Diego County Water Authority capacity charge(s) prior to issuance of Building Permits. The Developer shall prepare a colored recycled water use map and submit this map to the Planning Department for processing and approval by the District Engineer. The Developer shall design landscape and irrigation plans utilizing recycled water as a source. Said plans shall be submitted to the satisfaction of the District Engineer. The Developer shall meet with and obtain approval from the Leucadia County Water District regarding sewer infrastructure available or required to serve this project. The Developer shall meet with and obtain approval from the Olivenhain Municipal Water District regarding potable water infrastructure available or required to serve this project. The Developer shall meet with and obtain approval from the Olivenhain Municipal Water District regarding recycled water infrastructure available or required to serve this project. The buildings must be one-hour fire rated. Fire sprinklers shall be provided. Fire alarms pursuant with Section 1006 (Fire Alarm Systems) shall be provided. Onsite fire hydrants shall be provided as required under the California Fire Code. PC RES0 NO. 5532 -8- 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 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 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 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. PASSED, APPROVED AND ADOPTED at a regular meeting of the planning Commission of the City of Carlsbad, California, held on the 7th day of January 2004, by the following vote, to wit: AYES: Chairperson White, Commissioners Baker, Dominguez, Heineman, Montgomery, Segall, and Whitton NOES: None ABSENT: None ABSTAIN: None MELISSA WHITE, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: T \\ MICHAEL J. ~0-1~194~ Planning Director PC RES0 NO. 5532 -9-