HomeMy WebLinkAbout2008-12-17; Planning Commission; Resolution 65201 PLANNING COMMISSION RESOLUTION NO. 6520
2
A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT AMENDMENT TO CUP 139(A)
4 TO EXPAND THE TOTAL SQUARE FOOTAGE OF THE
5 EXISTING CHURCH CAMPUS BY 4,788 SQUARE FEET,
REDESIGN AND ENLARGE THE PARKING LOT TO
6 ACCOMMODATE 18 NEW PARKING SPACES, AND TO
APPROVE THE CHURCH USE IN PERPETUITY ON
7 PROPERTY GENERALLY LOCATED ON THE SOUTHWEST
CORNER OF ALGA ROAD AND EL FUERTE STREET IN
8 LOCAL FACILITIES MANAGEMENT ZONE 6.
9 CASE NAME: ST. ELIZABETH SETON CATHOLIC
CHURCH
10 CASE NO.: CUP 139(B)
1 WHEREAS, Howes Weiler & Associates, "Developer," has filed a verified
12 application with the City of Carlsbad regarding property owned by Catholic Diocese of San
13
Diego, "Owner," described as
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Lot 412 of La Costa Meadows Unit No. 2, in the City of
Carlsbad, County of San Diego, State of California, according
16 to map thereof No. 6905, filed in the office of the County
Recorder of San Diego County on April 21,1971
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("the Property"); and18
in WHEREAS, said verified application constitutes a request for a Conditional Use
20 Permit Amendment as shown on Exhibits "A" - "O" dated December 17, 2008, on file in the
21 Planning Department, ST. ELIZABETH SETON CATHOLIC CHURCH - CUP 139(B), as
22 provided by Chapter 21.42 and/or 21.50 of the Carlsbad Municipal Code; and
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WHEREAS, the Planning Commission did, on December 17, 2008, hold a duly
24
noticed public hearing as prescribed by law to consider said request; and
26 WHEREAS, at said public hearing, upon hearing and considering all testimony
27 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
2° relating to the CUP Amendment.
1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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Commission of the City of Carlsbad as follows:
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A) That the foregoing recitations are true and correct.4
<- B) That based on the evidence presented at the public hearing, the Commission
APPROVES ST. ELIZABETH SETON CATHOLIC CHURCH - CUP
6 139(B), based on the following findings and subject to the following conditions:
Findings:
o
(Note: These findings are not applicable to 1st Amendment uses; see Section 21.42.030.B)
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That the requested use is necessary or desirable for the development of the community,
10 and is in harmony with the various elements and objectives of the general plan, including,
if applicable, the certified local coastal program, specific plan or master plan, in that the
existing Saint Elizabeth Seton Catholic Church campus has been in existence since
12 the 1970's providing religious worship, educational activities, and other services to
the residents of the community. The City's General Plan recognizes the need for
13 this type of use and the proposed use is consistent with the General Plan (Refer to
Section "A" of the report to the Planning Commission dated December 17, 2008)
14 regarding the location of uses for public assembly in residential neighborhoods.
The proposed project is a benefit and service to the members of the parish and is
open to the community.
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That the requested use is not detrimental to existing uses or to uses specifically permitted
17 in the zone in which the proposed use is to be located in that the proposed parish hall,
administrative building and existing church use is compatible with the existing and
future residential uses in the neighborhood. The project site has been designed to
jo accommodate all required parking onsite and provides for adequate traffic
circulation. Furthermore, to ensure compatibility of the project with the
20 surrounding community, the church parking lots have been redesigned to
accommodate an additional 18 parking spaces that will reduce the demand for
offsite parking which occurs during peak weekend service times. The site is
separated from the surrounding multi-family residential uses by public streets and
Circulation Element roadways.
23
That the site for the proposed conditional use is adequate in size and shape to
24 accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer areas,
landscaping and other development features prescribed in this code and required by the
planning director, planning commission or city council, in order to integrate the use with
other uses in the neighborhood, in that the 5.04-acre project site is adequate in size and
shape to accommodate the proposed uses in that the project can fit within the
27 proposed development area without the need for any development standard
modifications. The project complies with all of the required development standards
of the RD-M Zone, and no walls, fences or other special conditions will be necessary
to adjust the requested use because the site is separated from the surrounding
PC RESO NO. 6520 -2-
residential uses by public streets. Furthermore, the parking lots are being expanded
2 to accommodate 18 additional parking spaces to reduce the on street parking that
occurs during peak weekend service times. Landscaping is proposed within the
3 parking lots to comply with standards and additional landscaping will surround the
parish hall and administration building which will soften and enhance their
appearance.
4. That the street system serving the proposed use is adequate to properly handle all traffic
6 generated by the proposed use, in that the site is surrounded by existing dedicated
public streets that can properly handle the additional 43 Average Daily Trips
7 generated by the Church campus expansion. Alga road is a major arterial, and El
Fuerte Street is a secondary arterial. Access is provided from Santa Isabel Street.
All required parking can be provided onsite. However, to address resident concerns
9 regarding street parking, safety and traffic issues, the church requested that the
City paint the curbs "red" in front of fire hydrants along Saint Isabel Street and to
10 install a no parking sign on the east side of El Fuerte Street to prevent vehicles from
parking in the right turn lane near the intersection of El Fuerte and Alga Road.
The City Engineer approved and recently implemented the request.
12 5. The project is consistent with the Citywide Facilities and Improvements Plan, the Local
13 Facilities Management Plan for Zone 6 and all City public facility policies and
ordinances. The project includes elements or has been conditioned to construct or
14 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
16 project will be installed to serve new development prior to or concurrent with need.
Specifically,
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a. The project has been conditioned to provide proof from the San Marcos Unified
School District that the project has satisfied its obligation for school facilities.
19 b. The Public Facility fee is required to be paid by Council Policy No. 17 and will be
20 collected prior to the issuance of building permit.
21 c. The Local Facilities Management fee for Zone 6 is required by Carlsbad
~~ Municipal Code Section 21.90.050 and will be collected prior to issuance of
building permit.
23 6. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal
24 Code Section 14.28.020 and Landscape Manual Section I B).
25 7. 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
27 preparation of environmental documents pursuant to Section 15332 (In-Fill
Development Projects) - of the state CEQA Guidelines. In making this determination,
28 the Planning Director has found that the exceptions listed in Section 15300.2 of the state
CEQA Guidelines do not apply to this project.
PC RESO NO. 6520 -3-
8. The Planning Commission has reviewed each of the exactions imposed on the Developer
2 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
3 degree of the exaction is in rough proportionality to the impact caused by the project.
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Conditions:
g Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
grading permit or building permit, which ever shall occur first.
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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
n 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
10 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
11 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
or a successor in interest by the City's approval of this Conditional Use Permit
13 Amendment.
14 2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Conditional Use Permit Amendment documents, as necessary
to make them internally consistent and in conformity with the final action on the project.
i /- Development shall occur substantially as shown on the approved Exhibits. Any proposed
development, different from this approval, shall require an amendment to this approval.
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3. Developer shall comply with all applicable provisions of federal, state, and local laws and
18 regulations in effect at the time of building permit issuance.
19 4. If any condition for construction of any public improvements or facilities, or the payment
20 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
21 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.
23 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
24 harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
25 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
Amendment, (b) City's approval or issuance of any permit or action, whether
27 discretionary or nondiscretionary, in connection with the use contemplated herein, and
(c) Developer/Operator's installation and operation of the facility permitted hereby,
28 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
PC RESO NO. 6520 -4-
survives until all legal proceedings have been concluded and continues even if the City's
2 approval is not validated.
3 6. 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.4
c- 7, Developer shall include, as part of the plans submitted for any permit plancheck, a
reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing
6 format (including any applicable Coastal Commission approvals).
7 8. Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the San Marcos Unified School District that this project has satisfied its
obligation to provide school facilities.
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9. This project shall comply with all conditions and mitigation measures which are required
10 as part of the Zone 6 Local Facilities Management Plan and any amendments made to that
Plan prior to the issuance of building permits.
12 10. This approval shall become null and void if building permits are not issued for at
least one of the remaining phases of the project within 48 months from the date of
13 project approval. All remaining phases of the project shall be issued building
permits within ten years from the date of project approval.
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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
16 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
17 facilities will continue to be available until the time of occupancy.
18 12. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
ip #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section
5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by
20 Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
Local Facilities Management Plan fee for Zone 6, pursuant to Chapter 21.90. All such
21 taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this
22 approval will not be consistent with the General Plan and shall become void.
23 13. Prior to the issuance of a grading permit, Developer shall submit to the City a Notice of
Restriction executed by the owner of the real property to be developed. Said notice is to
24 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(n) Conditional Use Permit Amendment by Resolution No. 6520
26 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
27 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
2° which modifies or terminates said notice upon a showing of good cause by the Developer
or successor in interest.
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14. This Conditional Use Permit is hereby approved in perpetuity. This permit may be
2 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
3 welfare, or the conditions imposed herein have not been met.
15. 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
6 the Planning Director determines that the use has such substantial negative effects, the
Planning Director shall recommend that the Planning Commission, after providing the
7 permittee the opportunity to be heard, add additional conditions to reduce or eliminate the
substantial negative effects.
9 16. Prior to issuance of a grading permit, Developer shall submit and obtain Planning
Director approval of a Final Landscape and Irrigation Plan showing conformance with the
10 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.
12 17. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
13 landscape plancheck process on file in the Planning Department and accompanied by the
project's building, improvement, and grading plans.
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18. 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.
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19. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot-high
1 ° 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
20 satisfaction of the Planning Director.
21 20. 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
23 approved plan.
24 21. Developer shall report, in writing, to the Planning Director within 30 days, any address
change from that which is shown on the permit application.25
22. Developer shall construct, install, and stripe not less than 207 parking spaces, as shown
on Exhibits "A" - "O".
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23. The parish hall and conference building shall not be used concurrently with the
sanctuary during peak weekend church services except for Sunday school classes for
non-driving age children.
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Engineering;
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NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to
3 issuance of a grading permit or building permit, which ever shall occur first.
4 General
24. Prior to hauling dirt or construction materials to or from any proposed construction site
6 within this project, Developer shall apply for and obtain approval from, the City Engineer
for the proposed haul route.
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25. Developer shall submit to the Planning Director, a reproducible 24" x 36", mylar copy of
the Site Plan and Conceptual Grading Plan reflecting the conditions approved by the final
9 decision making body. The reproducible shall be submitted to the Planning Director,
reviewed and, if acceptable, signed by the City's project engineer and project planner
10 prior to submittal of the building plans, improvement plans, grading plans, or final map,
whichever occurs first.
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, ~ 26. Developer shall install sight distance corridors at all street intersections and driveways in
accordance with City Engineering Standards.
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Fees/Agreements
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27. Developer shall cause property owner to execute and submit to the City Engineer for
recordation the City's standard form Drainage Hold Harmless Agreement.
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28. Developer shall cause property owner to process, execute and submit an executed copy to
17 the City Engineer for recordation a City standard Permanent Stormwater Quality Best
Management Practice Maintenance Agreement for the perpetual maintenance of all
1 treatment control, applicable site design and source control, post-construction permanent
I o Best Management Practices prior to the issuance of a grading permit or building permit,
whichever occurs first for this Project.
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29. Developer shall cause property owner to apply for, execute, and submit, to the City
21 Engineer for recordation, an Encroachment Agreement covering private drainage
structures located over existing public right-of-way or easements as shown on the site
plan. Developer shall pay processing fees per the City's latest fee schedule.
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Grading
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30. Based upon a review of the proposed grading and the grading quantities shown on the site
25 plan, a grading permit for this project is required. Developer shall prepare and submit
2g plans and technical studies/reports, for City Engineer review, and shall pay all applicable
grading plan review fees per the City's latest fee schedule.
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31. Developer shall apply for and obtain a grading permit from the City Engineer. Developer
28 shall pay all applicable grading permit fees per the City's latest fee schedule and shall
post security per City Code requirements.
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32. Prior to the issuance of a grading permit, Developer shall submit to the City Engineer
2 receipt of a Notice of Intention from the State Water Resources Control Board.
3 33. Prior to the issuance of grading permit or building permit, whichever occurs first,
Developer shall submit for City approval a Tier 3 Storm Water Pollution Prevention Plan
4 (TIER 3 SWPPP). The TIER 3 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 TIER 3 SWPPP shall
6 address measures to reduce to the maximum extent practicable storm water pollutant
runoff during construction of the project.
7
34. Developer shall submit for City approval a "Storm Water Management Plan (SWMP)."
The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban
9 Stormwater Mitigation Plan (SUSMP), Order R9-2007-0001 issued by the San Diego
Region of the California Regional Water Quality Control Board and City of Carlsbad
10 Municipal Code all to the satisfaction of the City Engineer.
35. Developer shall incorporate Low Impact Development (LID) design techniques, on all
final design plans submitted to the City, to reduce the amount of run-off by mimicking
the natural hydrologic function of the site by preserving natural open-spaces and natural
13 drainage channels, minimizing impervious surfaces, promoting infiltration and
evaporation of run-off before run-off leaves the site. Developer shall incorporate LID
14 techniques using current County of San Diego Low Impact Development Handbook
(Storm Water Management Strategies). LID techniques include, but are not limited to:
vegetated swale/strip, rain gardens, and porous pavement, which can greatly reduce the
volume, peak flow rate, velocity and pollutants.
17 Improvements
36. Developer shall design the private drainage systems, as shown on the Site Plan to the
satisfaction of the City Engineer. All private drainage systems (12" diameter storm drain
and larger) shall be inspected by the City. Developer shall pay the standard improvement
20 plan check and inspection fees for private drainage systems.
21 37. Developer shall design, and obtain approval from the City Engineer, 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. Prior to
23 completion of grading, the final structural pavement design of the aisle ways shall be
submitted together with required R-value soil test information subject to the review and
24 approval of the City Engineer.
25 Utilities
38. Developer shall meet with the Fire Marshal to determine if fire protection measures (fire
27 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
28 public water mains to the satisfaction of the District Engineer.
PC RESO NO. 6520 -8-
39. The Developer shall meet with and obtain approval from the Leucadia Waste water
2 District regarding sewer infrastructure available or required to serve this project.
3 40. The Developer shall meet with and obtain approval from the Vallecitos Water District
regarding potable water infrastructure available or required to serve this project.
4
,. Code Reminders;
6 41. Developer shall pay a landscape plancheck and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
7
42. 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
9 permit issuance, except as otherwise specifically provided herein.
10 43. The project shall comply with the latest nonresidential disabled access requirements
pursuant to Title 24 of the California Building Code.
,,, 44. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
13
45. Developer shall pay traffic impact fees on Section 18.42 of the City of Carlsbad
14 Municipal Code, respectively. The Average Daily Trips (ADT) and floor area contained
in the staff report and shown on the Site Plan are for planning purposes only.
16 NOTICE
1 'y Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
i o reservations, or other exactions hereafter collectively referred to for convenience as
"fees/exactions."
19
You have 90 days from date of final approval to protest imposition of these fees/exactions. If
20 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
22 follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
23
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,
25 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
26 NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
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PC RESO NO. 6520 -9-
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on December 17, 2008 by the following
vote, to wit:
AYES:
NOES:
Commissioners Baker, Cardosa, Dominguez, Douglas, and
Montgomery
ABSENT: Commissioner Boddy
ABSTAIN: Commissioner Whitton
MARTELL B. MONTG|
CARLSBAD PLANNING COM!
ATTEST:
Chairperson
SIGN
DON NEU
Planning Director
PCRESONO. 6520 -10-