Loading...
HomeMy WebLinkAbout2004-03-17; Planning Commission; Resolution 55821 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. 5582 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT AMENDMENT TO ALLOW AN ADDITION TO AN EXISTING CHURCH ON PROPERTY GENERALLY LOCATED NORTH OF LAS FLORES DRIVE AND WEST OF HIGHLAND DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: CASE NO.: CUP 103(B) LAS FLORES CHURCH OF THE NAZARENE WHEREAS, Las Flores Church of the Nazarene, a Non-Profit California Corporation, “OwnerLDeveloper,” has filed a verified application with the City of Carlsbad regarding property described as That portion of the Southeast Quarter of Section 31, Township 11 South, Range 4 West, San Bernardino Meridian, In the City of Carlsbad, County of San Diego, State of California, according to United States Government Survey as described in Attachment “A” (attached) (“the Property”); and WHEREAS, said verified application constitutes a request for a Conditional Use Permit Amendment as shown on Exhibits “A” - “E” dated March 17, 2004, on file in the Planning Department LAS FLORES CHURCH OF THE NAZARENE - CUP 103(B), as provided by the conditions of approval of CUP 103 and Chapter 21.42 and/or 21.50 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 17th day of March 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 CUP amendment; and 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 WHEREAS, on January 14, 1975, the Planning Commission approved CUP 103, as described and conditioned in Planning Commission Resolution No. 1125; and WHEREAS, on February 18, 1975, the City Council upheld the Planning Commission approval of CUP 103 and denied the appeal of CUP 103, as described and conditioned in City Council Resolution No. 3605, passed, approved and adopted on March 4, 1975. 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. B) That based on the evidence presented at the public hearing, the Commission based on the following findings and subject to the following conditions: APPROVES LAS FLORES CHURCH OF THE NAZARENE - CUP 103(B) Findings: 1. 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 expansion will allow the neighborhood church to better serve the congregation and community; the use is consistent with the RLM general plan land use designation; and the proposed expansion does not significantly increase the existing use and therefore will not be detrimental to the surrounding residential uses. 2. That the site for the intended use is adequate in size and shape to accommodate the use, in that the proposed addition can fit within the existing site while maintaining all applicable standards and adequate parking is provided for all uses on the site. 3. 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 addition meets all setback requirements, adequate parking is provided for all uses, and new landscaping will be provided to ensure privacy of the residences to the north. 4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the expansion results in an increase of 2 ADT on weekdays and 8 ADT on Sundays which is considered negligible and can be accommodated by the adjacent streets serving the project site (Las Flores Drive and Highland Drive). PC RES0 NO. 5582 -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 5. 6. 7. The Planning Commission finds that the project, as conditioned herein, is in conformance with the City’s General Plan, based on the facts set forth in the staff report dated March 17, 2004 and recognizing that churches are conditionally allowed in residential zones and that churches provide a needed service to the community. That the Planning Director has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15301 - Existing Facilities of the state CEQA Guidelines. In making this determination, the Planning Director has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. 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: PC RES0 NO. 5582 Note: 1. 2. 3. 4. Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a building 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 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 Conditional Use Permit Amendment. 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. 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. .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 5. 6. 7. 8. 9. 10. 11. 12. 13. 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. Developer shall submit to the 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 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 Carlsbad Unified 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 1 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 18 months from the date ofproject approval. 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. 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. PC RES0 NO. 5582 -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. 20. This Conditional Use Permit shall be reviewed by the Planning Director on a yearly basis 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 ten (10) years from March 17, 2004 to March 16,2014. 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 ten (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. This approval replaces all conditions contained in Planning Commission Resolution No. 1125 and City Council Resolution 3605. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed fiom 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, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Conditional Use Permit by Resolution No. 5582 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. 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. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. PC RES0 NO. 5582 -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 21. 22. 23. 24. 25. 26. Developer shall construct, install and stripe not less than 65 parking spaces, as shown on Exhibit “A.” Uses shown in the Parking Summary on Exhibit “A” may be modified, subject to approval of the Planning Director. However, use of the sanctuary, offices and classrooms shall be scheduled so that the parking demand does not exceed a 65 space parking requirement. The chain link fencing and grapestake wood fencing along the entire north property line shall be repaireareplaced with a wooden view-obscuring fence, to the satisfaction of the Planning Director. No location or facility on the church grounds shall be used for the purposes of operating a traditional school (K-12). No electronic amplification shall be allowed after 1O:OO p.m. and not earlier than 6:OO a.m. with the exception of Easter Sunday, Christmas Eve and Christmas. Outdoor services shall be allowed only for Easter Sunday sunrise service. Engineering: General 27. 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. 28. 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. FeedAgreements 29. Developer shall cause property owner to enter into a Neighborhood Improvement Agreement with the City for the future public improvement of Highland Drive along the subdivision frontage for a half street width of 30-feet. Public improvements shall include but are not limited to (paving, base, sidewalks, curbs and gutters, medians, grading, clearing and grubbing, under grounding or relocation of utilities, sewer, water, fire hydrants, street lights, retaining walls, reclaimed water, and assessment district engineering fees). 30. 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. PC RES0 NO. 5582 -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 Grading 3 1. No grading nor construction of priva,: improvements shall occur outside the limits of this approval unless Developer obtains, records and submits a recorded copy to the City Engineer a private grading and construction 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. DedicationsAmprovements 32. Developer shall comply with the City's requirements of the National Pollutant Discharge Elimination System (NPDES) permit, latest version. 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 or City right-of- way. 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. B. C. 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. 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. Best Management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements. 33. Concurrent with the new building construction, Developer shall install an inlet filter (or other water quality device) at the southwest corner of the parking lot to capture and treat runoff prior to discharge to public right-of-way as shown on the site plan. Developer and/or property owner is responsible to maintain this water quality device (in accordance with the manufacturers recommendations) to ensure its effectiveness of removing pollutants of concern. 34. Developer shall include erosion control devices and practices on the building site plans and as part of the project as required to ensure that no erosion will be transported offsite as a result of the project and erosion control devices shall be installed to the satisfaction of the City Engineer. PC RES0 NO. 5582 -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 Code Reminders: 35. 36. 37. 38. 39. 40. 41. 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. 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. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on the Site Plan are for planning purposes. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad Municipal Code, respectively. 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 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. PC RES0 NO. 5582 -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 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 17th day of March 2004 by the following vote, to wit: AYES: Chairperson White, Commissioners Baker, Heineman, Montgomery, Segall, and Whitton NOES: Commissioner Dominguez ABSENT: None ABSTAIN: None MELISSA WHITE, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HWZMHER Planning Director PC RES0 NO. 5582 -9- ATTACHMENT “A” THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 11 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF TRACT 5 OF LAGUNA MESA TRACT, ACCORDING TO MAP THEREOF NO. 1719, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 20, 1921, BEING ALSO A POINT ON THE SOUTH CENTER LINE NORTH OO”O2’00” WEST, 165.00 FEET TO THE SOUTHEASTERLY CORNER OF LAND DESCRIBED IN DEED TO WILLIAM E. HART, ET UX, RECORDED NOVEMBER 29, 1956 IN BOOK 6362, PAGE 340 OF OFFICIAL RECORDS AND BEING THE CENTER LINE NORTH OO”O2’00” WEST, 165.00 FEET; THENCE PARALLEL WITH THE NORTHERLY LINE OF SAID TRACT 5, NORTH 89”59’00” WEST 539.75 FEET TO THE NORTHEASTERLY CORNER OF LAND DESCRIBED IN DEED TO PAUL B. YOUNG, ET UX, RECORDED AUGUST 15, 1972 AS FILE NO. 214222 OF OFFICIAL RECORDS; THENCE ALONG THE EASTERLY LINE OF SAID YOUNG’S LAND SOUTH OO”O2’00” EAST, 125.11 FEET TO THE NORTHEASTERLY BOUNDARY OF LAS FLORES DRIVE (60.00 FEET WIDE) AS DESCRIBED IN DEED TO THE CITY OF CARLSBAD, RECORDED MAY 10,1965 AS FILE NO. 83312 OF OFFICIAL RECORDS, BEING A POINT ON THE ARC OF 580.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, A RADIAL LINE OF SAID CURVE BEARS NORTH 01’05’58” EAST TO SAID POINT; THENCE ALONG SAID NORTHEASTERLY BOUNDARY SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 20’19’14” A DISTANCE OF 205.70 FEET TO THE SOUTHERLY LINE OF SAID HART’S LAND; THENCE ALONG SAID SOUTHERLY LINE SOUTH 89’59’00” EAST, 339.10 FEET (RECORD 336.72 FEET) TO THE TRUE POINT OF BEGINNING. NORTH-SOUTH CENTER LINE OF SAID SECTION 31; THENCE ALONG SAID NORTH- TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTH-SOUTH EXCEPTING THEREFROM THE WESTERLY 5.00 FEET OF THE EASTERLY 25.00 FEET THEREOF AS CONVEYED TO THE CITY OF CARLSBAD BY DEED RECORDED AUGUST 30,1968 AS FILE NO. 150859 OF OFFICIAL RECORDS.