HomeMy WebLinkAbout2004-11-17; Planning Commission; Resolution 57891
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PLANNING COMMISSION RESOLUTION NO. 5789
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO DEVELOP A. CHURCH
CAMPUS ON PROPERTY GENERALLY LOCATED ON THE
NORTHEAST CORNER OF POINSETTIA LANE AND
AVIARA PARKWAY IN LOCAL FACILITIES MANAGEMENT
ZONE 20.
CASE NAME: NORTH COAST CALVARY CHAPEL
CASE NO.: CUP 04-05
WHEREAS, North Coast Calvary Chapel, a California Non-Profit
Corporation, “DeveloperlOwner,” has filed a verified application with the City of Carlsbad
regarding property described as
The Northwest Quarter of the Southwest Quarter of the
Southwest Quarter together with the South Half of the
Southwest Quarter of the Southwest Quarter both of Section
22, Township 12 South, Range 4 West, San Bernardino Base
and Meridian, together with Lot 1 of Carlsbad Tract No. 91-
12, according to the Map thereof No. 13394, recorded January
24, 1997 in the office of the County Recorder of San Diego
County, all in the City of Carlsbad, County of San Diego, State
of California
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit as shown on Exhibits “A” - “QQ” dated November 17, 2004, on file in the Planning
Department, NORTH COAST CALVARY CHAPEL - CUP 04-05, as provided by Chapter
2 1.42 and/or 2 1 SO of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 17th day of November 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.
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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
APPROVES NORTH COAST CALVARY CHAPEL - CUP 04-05, based on
the following findings and subject to the following conditions:
Findings:
1.
2.
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5.
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 church provides worship and child care services to
the residents of the community. Although the site is zoned and land use designated
for Residential development, it is separated from existing residential development
by circulation element roadways and open space. Poinsettia Lane and open space
separate the use for the properties to the south. Aviara Parkway and open space
separate the use from the existing residential to the north and west. An SDG&E
easement separates the project site from the undeveloped property to the east.
Because of this separation, the project is not expected to have detrimental effects
regarding light, noise and/or physical location related to residential uses.
That the site for the intended use is adequate in size and shape to accommodate the use, in
that the proposed buildings, 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 12% when 40% 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 open space 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 uses.
That the street system serving the proposed use is adequate to properly handle all tr8ic
generated by the proposed use, in that the proposed use will generate 1,200 average
daily trips which can be supported by Poinsettia Lane and Aviara Parkway. The
project is accessed from Poinsettia Lane and Aviara Parkway, both major arterial
roadways, with well-defined parking areas.
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 building height limit established by the underlying zone. The project proposes
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three towers: one at 48 feet the other two at 53 feet. All are in scale and character
with the buildings architecture and are reasonable in height.
6. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 20 and all City public facility policies and
ordinances. The project includes elements or has been conditioned to construct or
provide funding to ensure that all facilities and improvements regarding: sewer collection
and treatment; water; drainage; circulation; fire; schools; parks and other recreational
facilities; libraries; government administrative facilities; and open space, related to the
project will be installed to serve new development prior to or concurrent with need.
7. That the project is consistent with the City’s Landscape Manual (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section I B).
8. The Planning Commission hereby finds that all development in Carlsbad benefits from
the Habitat Management Plan, which is a comprehensive conservation plan and
implementation program that will facilitate the preservation of biological diversity and
provide for effective protection and conservation of wildlife and plant species while
continuing to allow compatible development in accordance with Carlsbad’s Growth
Management Plan. Preservation of wildlife habitats and sensitive species is required by
the Open Space and Conservation Element of the City’s General Plan which provides for
the realization of the social, economic, aesthetic and environmental benefits from the
preservation of open space within an increasingly urban environment. Moreover, each
new development will contribute to the need for additional regional infrastructure that, in
turn, will adversely impact species and habitats. The In-Lieu Mitigation Fee imposed on
all new development within the City is essential to fimd implementation of the City’s
Habitat Management Plan.
9. The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed
to mitigate impacts caused by or reasonably related to the project, and the extent and the
degree of the exaction is in rough proportionality to the impact caused by the project.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to grading
permit.
1. If any of the following conditions fail to occur; or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke or further condition all certificates of occupancy
issued under the authority of approvals herein granted; institute and prosecute litigation to
compel their compliance with said conditions or seek damages for their violation. No
vested rights are gained by Developer or a successor in interest by the City’s approval of
this Conditional Use Permit.
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2.
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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.
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 Conditional Use Permit Site Plan reflecting the conditions approved by the
final decision making body.
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 20 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits, including, but not limited to the
following:
a.
b.
Right-of-way improvements to Poinsettia Lane.
Right-of-way improvements to Aviara Parkway.
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
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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 November 17,
2004 to November 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 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.
Tower illumination shall be extinguished no later than 1O:OO p.m., except on
religious holidays when there are specific services later than 1O:OO p.m. In any case,
the tower illumination shall be extinguished one half hour after conclusion of the
specific service.
Parking shall be provided as needed for each phase of development. Phase I (multi-
purpose building/family center, preschool, chapel and youth buildings) shall provide
a minimum of 594 parking spaces. Phase two shall provide a minimum of 897
parking spaces.
Developer shall implement, or cause the implementation of, the North Coast Calvary
Chapel - CUP 04-05 Project Mitigation Monitoring and Reporting Program.
This approval is granted subject to the adoption of the Mitigated Negative Declaration,
Mitigation Monitoring and Reporting Program, and approval of GPA 04-16, ZC 04-
12, LCPA 04-12, SDP 04-02, HDP 04-01, and CDP 04-03, and is subject to all
conditions contained in Planning Commission Resolutions No. 5784, 5785, 5786, 5787,
5788,5790 and 5791 for those other approvals incorporated herein by reference.
This approval is granted subject to the approval of MS 04-02 and is subject to all
conditions contained therein.
This approval shall become null and void if grading permits are not issued for this
project within 36 months from the date of project approval.
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18.
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All construction activities shall be planned so that grading will occur in units that can be
easily completed within the summer construction season. All grading operations shall be
limited to April 1 to October 1 of each year. All areas disturbed by grading shall be
planted within 60 days of initial disturbance and prior to October 1 with temporary or
permanent (in the case of finished slopes) erosion control methods. The October 1
grading season deadline may be extended with the approval of the City Engineer subject
to implementation by October 1 of erosion control measures designed to prohibit
discharge of sediments offsite during and after the grading operation is completed.
Extensions beyond November 15 may be allowed in areas of very low risk of impact to
sensitive coastal resources and may be approved either as part of the original coastal
development permit or as a formal amendment to an existing coastal development permit.
As a condition of this approval, applicant must comply with the requirements of all
regulatory agencies having jurisdiction over the project and any mitigation requirements
of the environmental documents for the project. Pursuant to Government Code section
65871 and Carlsbad Municipal Code Title 20, Chapter 20.04, section 20.04.140 applicant
shall grant a conservation easement for the conservation, protection, and management of
fish, wildlife, native plants and the habitat necessary for biologically sustainable
populations of certain species thereof, in accordance with the City’s adopted Habitat
Management Plan.
Developer shall take the following actions to the satisfaction of the Planning Director in
relation to the open space lot(s):
a. Select a conservation entity, subject to approval by the City, that possesses the
necessary qualifications to hold title to the open space lot(s) and manage it for
conservation purposes.
Prepare a Property Analysis Record (PAR) or other method acceptable to the City
for estimating the costs of management and monitoring of the open space lot(s) in
perpetuity.
Based on the results of the PAR, provide a non-wasting endowment or other
financial mechanism acceptable to the Planning Director and Wildlife Agencies,
to the selected conservation entity in an amount sufficient for management and
monitoring of the open space lot(s) in perpetuity.
b.
c.
This project has been found to result in impacts to wildlife habitat or other lands, such as
agricultural land, which provide some benefits to wildlife, as documented in the City’s
Habitat Management Plan and the environmental analysis for this project. Developer is
aware that the City has adopted an In-lieu Mitigation Fee consistent with Section E.6 of
the Habitat Management Plan and City Council Resolution No. 2000-223 to fbnd
mitigation for impacts to certain categories of vegetation and animal species. The
Developer is further aware that the City has determined that all projects will be required
to pay the fee in order to be found consistent with the Habitat Management Plan and the
Open Space and Conservation Element of the General Plan. The fee becomes effective
following final approval of the Habitat Management Plan. The City is currently updating
the fee study, which is expected to result in an increase in the amount of the fee. If the
Habitat Management Plan is approved, then the Developer or Developer’s successor(s) in
interest shall pay the adjusted amount of the fee. The fee shall be paid prior to
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recordation of a final map, or issuance of a grading permit or building permit, whichever
occurs first. If the In-lieu Mitigation Fee for this project is not paid, this project will not
be consistent with the Habitat Management Plan and the General Plan and any and all
approvals for this project shall become null and void.
Developer is aware that the City is preparing a non-residential housing impact fee
(linkage fee) consistent with Program 4.1 of the Housing Element. The applicant is
further aware that the City may determine that certain non-residential projects may have
to pay a linkage fee, in order to be found consistent with the Housing Element of the
General Plan. If a linkage fee is established by City Council ordinance and/or resolution
and this project becomes subject to a linkage fee pursuant to said ordinance and/or
resolution, then the Developer, or his/her/their successor(s) in interest shall pay the
linkage fee. The linkage fee shall be paid at the time of issuance of building permits,
except for projects involving a request for a non-residential planned development for an
existing development, in which case, the fee shall be paid on approval of the final map,
parcel map or certificate of compliance, required to process the non-residential PUD,
whichever pertains. If linkage fees are required for this project, and they are not paid, this
project will not be consistent with the General Plan and approval for this project will
become null and void.
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.
All roof appurtenances, including air conditioners, shall be architecturally integrated and
concealed from view and the sound buffered fiom 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.
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, notifjrlng all
interested parties and successors in interest that the City of Carlsbad has issued a General
Plan Amendment, Zone Change, Local Coastal Program Amendment, Site
Development Plan, Conditional Use Permit, Hillside Development Permit, and
Coastal Development Permit, by Resolutions No. 5784, 5785, 5786, 5787, 5788, 5790
and 5791 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
which modifies or terminates said notice upon a showing of good cause by the Developer
or successor in interest.
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Fire
32.
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...
Developer shall construct trash receptacle and recycling areas enclosed by a six-foot high
masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal
Code Chapter 21.105. Location of said receptacles shall be approved by the Planning
Director. Enclosure shall be of similar colors and/or materials to the project to the
satisfaction of the Planning Director.
No outdoor storage of materials shall occur onsite unless required by the Fire Chief.
When so required, the Developer shall submit and obtain approval of the Fire Chief and
the Planning Director of an Outdoor Storage Plan, and thereafter comply with the
approved plan.
Developer shall submit and obtain Planning Director approval of an exterior lighting plan
including parking areas. All lighting shall be designed to reflect downward and avoid any
impacts on adjacent homes or property.
Compact parking spaces shall be located in large groups, and in locations clearly marked
to the satisfaction of the Planning Director.
Removal of native vegetation and development of Open Space Lots 1 and 3, 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 Exhibits “A” - “Y,”
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 from the
property owner accompanied by a report from a qualified arboridbotanist 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.
California Gnatcatchers may nest in the Diegan coastal sage scrub within, or
adjacent to, the project area. If construction is planned during the bird breeding
season, February 15 through August 31, vegetation that is to be removed shall be
cleared prior to the breeding season. A qualified biologist shall conduct a
preconstruction survey of the project site and surrounding habitat to determine
whether there are active bird nests within that area. If an active nest is observed, a
buffer shall be established between the construction activities and the nest so that
nesting activities are not interrupted. The buffer should be a minimum of 300 feet
and should be in effect as long as construction is occurring and until the nest is no
longer active.
The site access-turning radius shall comply with the California Department of
Transportation figure 407-D.
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33. The courtyard area shall be considered a part of the overall “Fire Department
Access” scheme. The courtyard shall be designed to support the weight of the Fire
Department’s heaviest vehicle at seventy-two thousand pounds (72,000).
34. Developer shall place a sign at the entrance to the underground parking from
Aviara Parkway to indicate that there is “No Emergency Vehicle Access - Restricted
Clearance” subject to the approval of the Fire Marshal.
Code Reminders:
35.
36.
37.
38.
39.
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.
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 feedexactions. 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 17th day of November 2004, by the
following vote, to wit:
AYES: Chairperson Whitton, Commissioners Baker, Cardosa, Dominguez,
Heineman, Montgomery, and Segall
NOES:
ABSENT:
ABSTAIN:
-_
YFRANK H. WHITTON, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST: n
MICHAEL J. HOLZMILLER
Planning Director
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