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HomeMy WebLinkAbout2009-10-07; Planning Commission; Resolution 66391 PLANNING COMMISSION RESOLUTION NO. 6639 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A SITE DEVELOPMENT PLAN AMENDMENT, SDP 00-06(A), TO 4 ALLOW FOR THE ADDITION OF A 6,188 SQUARE FOOT, TWO-STORY ADMINISTRATION AND CLASSROOM BUILDING TO THE DAYBREAK COMMUNITY CHURCH 6 AND TO APPROVE THE CHURCH CONDITIONAL USE WITHOUT AN EXPIRATION DATE ON PROPERTY 7 GENERALLY LOCATED ON THE SOUTHWEST CORNER OF POINSETTIA LANE AND AMBROSIA LANE, WITHIN THE 8 MELLO I SEGMENT OF THE LOCAL COASTAL PROGRAM 9 AND LOCAL FACILITIES MANAGEMENT ZONE 19. CASE NAME: DAYBREAK COMMUNITY CHURCH 10 CASE NO.: SDP 00-06(A) 11 WHEREAS, Daybreak Community Church of Coastal North County, 12 "Developer" and "Owner," has filed a verified application with the City of Carlsbad regarding 13 property described as 14 Lot 8 of City of Carlsbad Tract No. 92-3, in the City of Carlsbad, County of San Diego, State of California, according 16 to Map thereof No. 13434, filed in the Office of the County Recorder of San Diego County, June 23,1997 17 ("the Property"); and18 , n WHEREAS, said verified application constitutes a request for a Site Development 20 Plan Amendment as shown on Exhibits "A" - "N" dated October 7, 2009, on file in the 21 Planning Department, DAYBREAK COMMUNITY CHURCH- SDP 00-06(A), as provided 22 by Chapter 21.06 of the Carlsbad Municipal Code; and 23 WHEREAS, the Planning Commission did, on October 7, 2009, hold a duly 24 noticed public hearing as prescribed by law to consider said request; and ^ *J 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 Site Development Plan Amendment; and 1 WHEREAS, on November 15, 2000, the Planning Commission approved, SDP 2 00-06 , as described and conditioned in Planning Commission Resolution No. 4868. 3 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning4 - Commission of the City of Carlsbad as follows: 6 A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Planning Commission APPROVES DAYBREAK COMMUNITY CHURCH - SDP 00- 06(A) based on the following findings and subject to the following conditions: 9 Findings: 10 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 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 13 traffic circulation, in that the proposed project falls within an approved Master Plan which was found to be consistent with the General Plan. The Aviara Master Plan 14 recognizes the need for worship-related uses in residential areas. The proposal to add a classroom/administration building to the Daybreak Community Church contributes to the enhancement of the religious worship facilities and educational activities offered on the campus. The building is appropriately integrated with the site surroundings as well as the environmental setting in that the project design 1 7 complies with the guidelines of the Aviara Master Plan. Further, the location of the addition will not disrupt the existing vehicular circulation on or off-site. 18 2. That the site for the intended use is adequate in size and shape to accommodate the use, in that the proposed use complies with the required development and design standards 2Q of the Aviara Master Plan and the addition, required parking, and associated landscaping is sited within the established development envelope on the property, 21 without the need to encroach into the required setbacks or approved open space. Further, the proposed height of 28 feet is below the 30-foot height limitation established for Planning Area 32b of the Aviara Master Plan. 23 3. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust 24 the requested use to existing or permitted future uses in the neighborhood will be provided and maintained, in that the proposed classroom and administration building 25 . functions as an accessory component of Area 32b of Aviara Master Plan's conditionally-permitted church uses. The proposed addition has been designed in compliance with the development and design standards of the Master Plan and the 27 Carlsbad Municipal Code in that the project is compatible with existing permitted uses, the building is setback 180 and 265 feet from Poinsettia Lane and Ambrosia 28 Lane, respectively, and a surplus of 45 parking spaces would remain. In addition, the proposed retaining walls would be screened with landscaping, additional PC RESO NO. 6639 -2- landscaping would be provided in the proposed courtyard as well as the existing 2 parking lot and the existing access and circulation pattern on-site would not be impacted. 3 4. That the street systems serving the proposed use are adequate to properly handle all traffic 4 generated by the proposed use, in that primary access to the site will continue to be provided from a private driveway located off of Ambrosia Lane. Land use and circulation requirements for the site and the surrounding residential neighborhood 5 were developed at a Master Plan and project-specific level (SDP 00-06, CUP 00-06, CDP 00-09). Assuming that the classrooms and offices are utilized simultaneously 7 while the sanctuary is occupied on the weekends (i.e. during peak service use), the increase in peak Average Daily Trips (ADTs) will be nominal in that the children who are attending classes will be driven by their parents who are simultaneously o attending sanctuary services. Therefore, the street system serving the proposed use will not be impacted. 10 5. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal 11 Code Section 14.28.020 and Landscape Manual Section I B). 12 6. 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 14 preparation of environmental documents pursuant to Section 15301(e)(2), Existing Facilities, of the state CEQA Guidelines. In making this determination, the Planning 15 Director has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project.16 7. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 19 and all City public policies and ordinances. The 18 project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding: sewer collection and treatment; 19 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. 21 Specifically, 22 a. The project has been conditioned to provide proof from the Carlsbad Unified School District that the project has satisfied its obligation for school facilities. 23 „ . b. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior to the issuance of building permit. 25 c. The Local Facilities Management fee for Zone 19 is required by Carlsbad 26 Municipal Code Section 21.90.050 and will be collected prior to issuance of building permit. ~<, 8. 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 PCRESONO. 6639 -3- to mitigate impacts caused by or reasonably related to the project, and the extent and the 2 degree of the exaction is in rough proportionality to the impact caused by the project. 3 Conditions: 4 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of a grading permit or building permits, whichever occurs first. 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 7 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; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said 1 o conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Site Development Plan Amendment. 12 Staff is authorized and directed to make, or require the Developer to make, all corrections 13 and modifications to the Site Development Plan Amendment documents, as necessary to make them internally consistent and in conformity with the final action on the project. 14 Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 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. 17 4. 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 20 unless the City Council determines that the project without the condition complies with all requirements of law. 21 5. 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 2-3 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 24 or indirectly, from (a) City's approval and issuance of this Site Development Plan Amendment, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, 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 27 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 28 approval is not validated. Developer shall submit to the Planning Department a PC RESO NO. 6639 -4- reproducible 24" x 36" mylar copy of the Site Plan reflecting the conditions approved by 2 the final decision-making body. 3 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 4 body. 7. Developer shall include, as part of the plans submitted for any plan check, a reduced 6 legible version of all approving resolutions in a 24" x 36" blueline drawing format. 8. 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. 9 9. This project shall comply with all conditions and mitigation measures which are required 10 as part of the Zone 19 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 10. The applicant shall apply for and be issued building permits for the addition within 36 months of approval or the approval of the addition will expire unless extended pursuant 13 to the process set forth in to Section 21.06.150 of the Carlsbad Municipal Code. 14 11. This approval is granted subject to the approval of CUP 00-06(A) and CDP 00-09(A) and is subject to all conditions contained in Planning Commission Resolutions No. 6640. and 6641 for those other approvals incorporated herein by reference. 16 12. 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 19 facilities will continue to be available until the time of occupancy. 20 13. Developer shall report, in writing, to the Planning Director within 30 days, any address change from that which is shown on the permit application or any transfer in ownership. 22 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 23 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 24 Local Facilities Management Plan fee for Zone 19, 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. 26 15. Prior to the issuance of the grading permit, Developer shall submit to the City a Notice 27 of Restriction executed by the owner of the 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(n) Site Development Plan Amendment, Conditional Use Permit PCRESONO. 6639 -5- Amendment, and Coastal Development Permit Amendment by Resolutions No. 6639, 2 6640, 6641, respectively, on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all 3 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. 6 16. Prior to the issuance of a grading permit, 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. 9 17. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the 10 landscape plan check process on file in the Planning Department and accompanied by the project's building, improvement, and grading plans. 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 13 substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Community Development and Planning. 14 19. 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 16 the Planning Director of an Outdoor Storage Plan, and thereafter comply with the approved plan. 17 Engineering:18 General 20 20. 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. 22 21. This project is approved upon the express condition that building permits will not be 23 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 permit 24 issuance. 25 22. Developer shall submit to the Planning Director, a reproducible 24" x 36", mylar copy of 26 the Site Plan and conceptual Grading Plan sheet C-l reflecting the conditions approved by the final decision making body. The reproducible shall be submitted to the Planning 27 Director, reviewed and, if acceptable, signed by the City's project engineer and project planner prior to submittal of the building plans, improvement plans, grading plans, or final map, whichever occurs first. PC RESO NO. 6639 -6- Fees/Agreements 2 23. Developer shall cause property owner to execute and submit to the City Engineer for 3 recordation the City's standard form Drainage Hold Harmless Agreement. 24. Developer shall cause property owner to process, execute and submit an executed copy to <- the City Engineer for recordation a City standard Permanent Stormwater Quality Best Management Practice Maintenance Agreement for the perpetual maintenance of all 6 treatment control, applicable site design and source control, post-construction permanent Best Management Practices prior to the issuance of a grading permit or building permit, 7 whichever occurs first for this Project. Grading 9 25. Based upon a review of the proposed grading and the grading quantities shown on the site 10 plan, a grading permit for this project is required. Developer shall prepare and submit 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. 12 26. Developer shall apply for and obtain a grading permit from the City Engineer. Developer 13 shall pay all applicable grading permit fees per the City's latest fee schedule and shall post security per City Code requirements. 14 27. Developer shall comply with the City's Stormwater Regulations, latest version, and shall implement best management practices at all times. Best management practices include but are not limited to pollution treatment practices or devices, erosion control to prevent silt runoff during construction, general housekeeping practices, pollution prevention and 17 educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to Stormwater, receiving water or Stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements. 20 28. Developer shall complete and submit to the City Engineer a Project Threat Assessment Form (PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF, 21 Developer shall also submit the appropriate Tier level Storm Water Compliance form and Tier level Storm Water Pollution Prevention Plan (SWPPP) as determined by the completed PTAF all to the satisfaction of the City Engineer. 23 29. Developer shall submit for City approval a "Storm Water Management Plan (SWMP)." 24 The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban Stormwater Mitigation Plan (SUSMP), Order R9-2007-0001 issued by the San Diego 25 Region of the California Regional Water Quality Control Board and City of Carlsbad Municipal Code all to the satisfaction of the City Engineer. 27 30. 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 28 the natural hydrologic function of the site by preserving natural open-spaces and natural drainage channels, minimizing impervious surfaces, promoting infiltration and PC RESO NO. 6639 -7- evaporation of run-off before run-off leaves the site. Developer shall incorporate LID 2 techniques using current County of San Diego Low Impact Development Handbook (Stormwater Management Strategies). LID techniques include, but are not limited to: 3 vegetated swale/strip, rain gardens, and porous pavement, which can greatly reduce the volume, peak flow rate, velocity and pollutants. 4 <- Dedications/Improvements 6 31. 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 7 and larger) shall be inspected by the City. Developer shall pay the standard improvement plan check and inspection fees for private drainage systems.8 9 32. Developer shall design all proposed public improvements, including but not limited to sewer laterals, water services/meters, etc., as shown on the site plan. These 10 improvements shall be shown on one of the following, subject to City Engineer approval: A. Grading plans processed in conjunction with this project; or 12 B. Construction Revision to an existing record public improvement drawing. 13 Developer shall pay plan check and inspection fees using improvement valuations in 14 accordance with the City's current fee schedule. Developer shall apply for and obtain a right-of-way permit prior to performing work in the City right-of-way. 15 Utilities 16 . 7 33. Developer shall meet with the Fire Marshal to determine if fire protection measures (fire flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire 1 g hydrants, if proposed, shall be considered public improvements and shall be served by public water mains to the satisfaction of the District Engineer. 19 34. Developer shall design and construct public facilities within public right-of-way or within minimum 20-foot wide easements granted to the District or the City of Carlsbad. At the 21 discretion of the District or City Engineer, wider easements may be required for adequate maintenance, access and/or joint utility purposes. 22 35. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges 2-> for connection to public facilities. 24 36. The Developer shall design landscape and irrigation plans utilizing recycled water as a 25 source and prepare and submit a colored recycled water use map to the Planning Department for processing and approval by the District Engineer. 26 37. Developer shall install potable water and/or recycled water services and meters at locations approved by the District Engineer. The locations of said services shall be 2g reflected on public improvement plans. PC RESO NO. 6639 -8- 38. The Developer shall install sewer laterals and clean-outs at locations approved by the City 2 Engineer. The locations of sewer laterals shall be reflected on public improvement plans. 3 Fire: 39. Automatic fire sprinklers and a fire alarm system are required. Code Reminders: 6 40. Developer shall pay a landscape plan check and inspection fee as required by Section 7 20.08.050 of the Carlsbad Municipal Code. Q 41. Approval of this request shall not excuse compliance with all applicable sections of the 9 Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 10 42. The project shall comply with the latest nonresidential disabled access requirements pursuant to Title 24 of the California Building Code. 12 43. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal 13 Code Section 18.04.320. 14 44. 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. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on the site plan are for planning purposes only. 17 NOTICE 18 Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, 19 reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." 20 _ , 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 22 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 23 follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition.24 25 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, 26 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. PC RESO NO. 6639 -9- 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 October 7, 2009, by the following vote, to wit: AYES: NOES: Commissioners Baker, Douglas, L'Heureux, Schumacher, and Chairperson Montgomery ABSENT: Commissioners Dominguez and Nygaard ABSTAIN: MARTELra. MONTGOMERY, Q CARLSBAD PLANNINOCOMMIs' ATTEST: DON NEU Planning Director PC RESO NO. 6639 -10-