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HomeMy WebLinkAbout2007-03-07; Planning Commission; Resolution 62501 PLANNING COMMISSION RESOLUTION NO. 6250 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE DEVELOPMENT PLAN SDP 06-02 FOR THE DEVELOPMENT 4 OF A CHURCH AND CHILD DAY CARE CENTER LOCATED WITHIN VILLAGE T OF THE RANCHO CARRILLO MASTER PLAN ON PROPERTY LOCATED ON THE NORTHEAST 6 CORNER OF EL FUERTE STREET AND RANCHO PANCHO IN LOCAL FACILITIES MANAGEMENT ZONE 18 7 CASE NAME: PALOMAR KOREAN CHURCH CASE NO.: SDP 06-028 9 WHEREAS, Palomar Korean Church LLC, "Developer/Owner," has filed a 10 verified application with the City of Carlsbad regarding property described as 11 Lot 103 of Carlsbad Tract No. 93-04, Rancho Carrillo Village 12 "Q", in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 13551, filed in the 13 Office of the County Recorder of San Diego County, March 31, 1998 14 ("the Property"); and. 16 WHEREAS, said verified application constitutes a request for a Site Development 17 Plan as shown on Exhibits "A" - "K" dated March 7, 2007, on file in the Planning Department, 18 PALOMAR KOREAN CHURCH - SDP 06-02 as provided by Chapter 21.06/Section 19 21.53.120 of the Carlsbad Municipal Code and the Rancho Carrillo Master Plan; and 20 WHEREAS, the Planning Commission did, on the 7th day of March, 2007 , hold 21 „,_, a duly noticed public hearing as prescribed by law to consider said request; and 23 WHEREAS, at said public hearing, upon hearing and considering all testimony 24 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 25 relating to the Site Development Plan. 26 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 27 Commission of the City of Carlsbad as follows: 28 A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Planning 2 Commission APPROVES PALOMAR KOREAN CHURCH - SDP 06-02 based on the following findings and subject to the following conditions: 3 Findings:4 1. 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 g 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 7 traffic circulation, in that the proposed development of a 25,493 square foot building for a church and child day care center meets the minimum development standards for the Community Facilities zone and that adequate separation of uses would o ensure compatibility with the adjacent residential and open space land uses. The site is General Plan Land Use designated and Master Plan zoned for Community 10 Facility uses and the proposed uses provide worship and child care services to the residents of the community. 11 2. That the site for the intended use is adequate in size and shape to accommodate the use, in that the proposed building, required parking, and landscaping can fit within the 10 boundaries of the developable portion of the property with no need to encroach into required setbacks. 14 3. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust 15 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 17 portion of the lot. No special conditions will be necessary to adjust the requested uses for compatibility with existing or future uses. 18 4. That the street systems serving the proposed use is adequate to properly handle all traffic 19 generated by the proposed use, in that the proposed uses will generate 918 average daily trips which can be supported by El Fuerte Street and Rancho Pancho. The project is accessed via El Fuerte Street, a secondary arterial roadway and Rancho 2\ Pancho, a local street. 22 5. The project is consistent with the Citywide Facilities and Improvements Plan,-the Local Facilities Management Plan for Zone 18 and all City public facility policies and 23 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 25 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. 26 6. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal 27 Code Section 14.28.020 and Landscape Manual Section IB). 7. The Planning Director has determined that: PC RESO NO. 6250 -2- a. the project is a subsequent activity of a project for which a program EIR was 2 prepared (Rancho Carrillo Master Plan - MP 139 and its amendments), and a notice for the activity has been given, which includes statements that this activity 3 is within the scope of the program approved earlier, and that the program EIR adequately describes the activity for the purposes of CEQA) [15168( c)(2) and (e)] ^ and b. this project is consistent with the Rancho Carrillo Master Plan cited above; 6 c. EIR 91-04, Rancho Carrillo, was certified in connection with the prior project or 7 plan; ^ Q d. the project has no new significant environmental effect not analyzed as significant 9 in the prior EIR; 10 e. none of the circumstances requiring a Subsequent EIR or a Supplemental EIR under CEQA Guidelines Sections 15162 or 15163 exist. 1 _ 6. 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 13 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. 14 Conditions: 15 1 , Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a grading permit or building permit whichever occurs first. 17 1. If any of the following conditions fail to occur, or if they are, by their terms, to be 18 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 2Q future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the 21 property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer 22 or a successor in interest by the City's approval of this Site Development Plan. 23 2. Staff is authorized and directed to make, or require the Developer to make, all corrections 24 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 25 shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval.26 27 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 28 PC RESO NO. 6250 -3- 4. If any condition for construction of any public improvements or facilities, or the payment 2 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 3 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. 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 6 harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims 7 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 9 nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, 10 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 j2 approval is not validated. 13 6. 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 14 body. 7. This approval shall become null and void if building permits are not issued for this 16 project within 36 months from the date of project approval. Approval for Phase Two improvements shall become null and void if building permits are not issued for 17 Phase Two within 10 years from the completion of Phase One. Subsequent development of Phase Two, after permit expiration, shall require a Site Development Plan Amendment. 19 8. Approval is granted for SDP 06-02 as shown on Exhibits "A" - "K" dated March 7, 20 2007, on file in the Planning Department and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these 21 conditions. 22 9. Prior to the issuance of a building permit, the Developer shall provide proof to the 23 Director from the San Marcos Unified School District that this project has satisfied its obligation to provide school facilities. 24 10. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 18 Local Facilities Management Plan and any amendments made to 26 that Plan prior to the issuance of building permits. 27 11. 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 PC RESO NO. 6250 -4- time of the application for the building permit, and that water and sewer capacity and 2 facilities will continue to be available until the time of occupancy. 3 12. 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. 6 13. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the 7 landscape plancheck process on file in the Planning Department and accompanied by the project's building, improvement, and grading plans.8 9 14. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 10 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 18, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. 13 15. All roof appurtenances, including air conditioners, shall be architecturally integrated and 14 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. 16 16. Developer shall submit to the City a Notice of Restriction executed by the owner of the 17 real property to be developed. Said notice is 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 Site Development Plan by Resolution No. 6250 on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all 20 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. 23 17. 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 24 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. 26 18. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. 27 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 RESO NO. 6250 -5- 19. Developer shall submit and obtain Planning Director approval of an exterior lighting plan 2 including parking areas. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. 3 20. Developer shall construct, install, and stripe not less than 110 parking spaces, as shown 4 on Exhibits "A" - "K" dated March 7, 2007. 21. The child day care center shall limit the daily number of children onsite to 48 6 children. Engineering 8 NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed Site Development Permit (SDP), must be met prior to approval of a grading or building permit, which ever occurs first. 10 General 11 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 12 for the proposed haul route. 14 23. Unless specifically allowed, no variance from City Standards is authorized by virtue of approval of this Site Developmet Permit. 15 , 24. Developer shall install sight distance corridors witin Lot 103 and in accordance with City Engineering Standards. Developer shall record the following statement on the 17 development site plan: "No structure, fence, wall, tree, shrub, sign, or other object may be placed or permitted to 18 encroach within the area identified as a sight distance corridors as defined by City of Carlsbad Engineering Standards." The limits of the sight distance corridors shall be reflected on any improvement, 2Q grading, or landscape plan prepared in association with this development and the above note included. 21 Fees/Agreements 25. Developer shall cause property owner to execute and submit to the City Engineer for recordation the City's standard form Drainage Hold Harmless Agreement regarding 24 drainage tributary to and discharging from the subject project. 25 26. Developer shall cause property owner to execute, record and submit a recorded copy to the City Engineer, a deed restriction on the property which relates to the proposed sight distance corridors as shown on the development site plan over/within Lot 103. The 27 deed restriction document shall be in a form acceptable to the City Engineer and shall: a. Clearly delineate the limits of the sight distance corridors on a plat to be 28 attached to the deed restriction; PC RESO NO. 6250 -6- b. State that the sight distance corridor is to be maintained in perpetuity by the 2 underlying property owner; and c. State that objects along the sight distance corridor will not restrict or impede the 3 ability of motorist at the intersection to identify approaching vehicles pursuant to Caltrans sight distance and City sight distance corridor standards. c 27. The private storm drain and enhanced paving improvements proposed within a dedicated city water easement will require encroachment agreement(s) to be 6 recorded prior to issuance of building permits. 7 28. Developer shall cause property owner to process for recordation a City Storm Water Best Management Practice Maintenance Agreement for the perpetual maintenance of all storm water treatment control and applicable site design and source control, post-construction 9 permanent BMP's prior to the issuance of a grading permit or building permit, whichever occurs first for this Project. 10 Grading11 8 , 2 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 Intent (NOI) for the 13 start of work has been submitted to the State Water Resources Control Board. 14 30. Based upon a review of the proposed grading and the grading quantities shown on the development 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 16 permit. 17 31. Developer shall comply with the City's requirements of the National Pollutant Discharge Elimination System (NPDES) permit. Developer shall provide improvements constructed ° pursuant to best management practices as referenced in the "California Storm Water Best , n Management Practices Handbook" to reduce surface pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such improvements shall be submitted to 20 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: 21 a. 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. 23 b. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze, solvents, paints, paint thinners, wood preservatives, and other such 24 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 2f. Federal, State, County and City requirements as prescribed in their respective containers. 27 c. Best Management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements. 28 PC RESO NO. 6250 • -7- 32. Prior to the issuance of grading permit or building permit, whichever occurs first, 2 Developer shall submit for City approval a "Storm Water Pollution Prevention Plan (SWPPP)." The SWPPP shall be in compliance with current requirements and provisions 3 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 t- the project. 6 33. 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)" 7 report, prepared by a civil engineer with current registration in the state of California. The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban Storm water Mitigation Plan (SUSMP), Order 2001-01 issued by the San Diego 9 Region of the California Regional Water Quality Control Board (RWQCB) and City of Carlsbad Municipal Code, or any subsequent revisions as adopted by the City or 10 RWQCB. The SWMP shall include measures to avoid contact, filter, or otherwise treat said pollutants from storm water, to the maximum extent practicable, for the post- construction stage of the project in perpetuity. At a minimum, the SWMP shall: 12 a. identify existing and post-development on-site pollutants-of-concern; b. identify the hydrologic unit this project contributes to and impaired water bodies 13 that could be impacted by this project; c. recommend site design, source control and treatment control Best Management *4 Practices (BMP's) that will be implemented with this project to avoid contact, i r filter, or otherwise treat said pollutants from storm water to the maximum extent practicable before discharging offsite; 16 d. establish specific operation and maintenance procedures for for all applicable site design, source control and treatment control BMP's in addition to 17 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; 19 e. propose a city approved mechanism to ensure long-term maintenance of all post construction BMP's that includes maintenance and operation records that are 20 required to be maintained for a minimum of five (5) consecutive years, in perpetuity; and f. identify how post-development runoff rates and velocities from the site will not 22 exceed the pre-development runoff rates and velocities to the maximum extent practicable. 23 Dedications/Improvements 24 34. The Developer shall design and construct public water facilities substantially as shown on the development site plan to the satisfaction of the District Engineer. Proposed public 25 facilities shall be reflected on public improvement plans. 27 35. Additional drainage easements may be required. Developer shall dedicate and provide or install drainage structures, as may be required by the City Engineer, prior to or concurrent with any grading or building permit. PC RESO NO. 6250 -8- 36. Prior to issuance of a grading permit, or building permit, which ever occurs first, 2 Developer shall have designed, 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 3 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. 6 37. Based upon a review of the proposed improvements on the Site Development Plan, a Right-of-Way (ROW) permit for this project is required for the replacement of the existing driveway with an alley-type driveway per City of Carlsbad standard GS-20, and public water improvements. Developer shall apply for and obtain a ROW permit from the City Engineer prior to issuance of a building permit. 9 Utilities 10 38. 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 i ^ Authority capacity charge(s) prior to issuance of Building Permits. 13 39. The-Developer shall design and construct public water facilities within public right-of- way or within minimum 20-feet wide easements granted to the District or the City of 14 Carlsbad. At the discretion of the District Engineer, wider easements may be required for adequate maintenance, access and/or joint utility purposes. 40. The Developer shall provide separate potable water meters for each separately owned unit. The locations of said services shall be reflected on public improvement plans. 17 41. Prior to approval of improvement plans, Developer shall meet with the Fire Marshal to ° determine if fire protection measures (fire flows, fire hydrant locations, building in 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 20 satisfaction of the District Engineer. 42. The Developer shall install potable water services and meters at a location approved by _ the District Engineer. 23 43. Prior to occupancy, Developer shall install 1 potable water meter for Commercial use and 1 irrigation meter to irrigate the common areas (Property Owner's Association). 24 44. This project is approved upon the express condition that building permits will not be issued for the development of the subject property, unless the District Engineer has determined that adequate water and sewer facilities are available at the time of occupancy. A note to this effect shall be placed on the site plan. 27 45. The Developer shall design and construct public water, sewer, and recycled water facilities substantially as shown on the development site plan to the satisfaction of the District Engineer. PC RESO NO. 6250 -9- Special Conditions 2 46. Prior to building permit issuance, the Developer shall remove the existing ± 1' 3 retaining wall and concrete pad within the easterly Right-of-Way of El Fuerte Street just north of the intersection with Rancho Pancho Road and return the public right- of-way to a standard condition. 47. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on 6 the development site plan are for planning purposes only. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 of the City of 7 Carlsbad Municipal Code, respectively. o Code Reminders 9 48. Developer shall comply with all applicable provisions of federal, state, and local laws and 10 regulations in effect at the time building permits are issued, including but not limited to the following:11 •, ~ 49. 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 13 Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction of the City Engineer. 14 50. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 16 51. Approval of this request shall not excuse compliance with all applicable sections of the 17 Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 18 52. The project shall comply with the latest nonresidential disabled access requirements pursuant to Title 24 of the State Building Code. 20 53. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal 21 ; Code Section 18.04.320. 22 54. Any signs proposed for this development shall at a minimum be designed in conformance 23 with the City's Sign Ordinance and shall require review and approval of the Planning Director prior to installation of such signs. 24 25 26 27 28 PC RESO NO. 6250 -10- 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 fees/exactions 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 March 2007, by the following vote, to wit: AYES: Chairperson Baker, Commissioners Cardosa, Dominguez, Douglas, Montgomery, and Segall NOES: None ABSENT: Commissioner Whitton ABSTAIN: None KER, Chairperson PLANNING COMMISSION ATTEST: DON NEU Planning Director PC RESO NO. 6250 -11-