HomeMy WebLinkAbout2004-01-07; Planning Commission; Resolution 55321
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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.
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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:
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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.
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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-
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Conditions:
Note:
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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-
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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.
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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.
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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
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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.
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-
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32.
the project. At a minimum, the SWPPP shall:
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b.
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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.
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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.
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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-
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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 -
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- Fire
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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-
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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-