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HomeMy WebLinkAbout2009-10-07; Planning Commission; Resolution 66401 PLANNING COMMISSION RESOLUTION NO. 6640 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT AMENDMENT, CUP 00-06(A), 4 TO ALLOW FOR THE ADDITION OF A 6,188 SQUARE FOOT, 5 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.: CUP 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 ]5 to Map thereof No. 13434, filed in the Office of the County Recorder of San Diego County, June 23,1997 17 ("the Property"); and18 , 0 WHEREAS, said verified application constitutes a request for a Conditional Use 20 Permit Amendment as shown on Exhibits "A" - "N" dated October 7, 2009, on file in the 21 Planning Department, DAYBREAK COMMUNITY CHURCH - CUP 00-06(A), as provided 22 by Chapter 21.42 and/or 21.50 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 25 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 28 relating to the CUP Amendment; and 1 WHEREAS, on November 15, 2000, the Planning Commission approved, CUP 2 00-06, as described and conditioned in Planning Commission Resolution No. 4869. 3 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 4 c Commission of the City of Carlsbad as follows: 6 A) That the foregoing recitations are true and correct. 7 B) That based on the evidence presented at the public hearing, the Commission APPROVES DAYBREAK COMMUNITY CHURCH - CUP 00-06(A)_based on the following findings and subject to the following conditions: 9 Findings: 10 (Note: These findings are not applicable to 1st Amendment uses; see Section 21.42.030.B) That the requested use is necessary or desirable for the development of the community, and is in harmony with the various elements and objectives of the general plan, including, 13 if applicable, the certified local coastal program, specific plan or master plan, in that the existing Daybreak Community Church provides religious worship, educational activities, and other services to the residents of the Aviara community. The City's General Plan, Aviara Master Plan, and the Mello I Segment of the Local Coastal Program recognize the need for this type of use and the proposed use is consistent 16 with the these documents (refer to Sections A, B, and G of the staff report) regarding the location of uses for public assembly in residential neighborhoods. In 17 addition, the proposed expansion to the church campus is a benefit and service to the members of the parish and is open to the community.8 2. That the requested use is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located in that the proposed 20 administrative office and classroom building and the existing church are compatible with the existing residential uses in the neighborhood. The project site has been designed to accommodate all required parking on-site and provides for adequate „ traffic circulation. The site is separated from the surrounding multi-family and single-family residential uses by public streets, Circulation Element roadways, open 23 space, variable topography, and project landscaping. 24 3. That the site for the proposed conditional use is adequate in size and shape to accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer areas, landscaping and other development features prescribed in this code and required by the 26 planning director, planning commission or city council, in order to integrate the use with other uses in the neighborhood, in that the 6.77-acre project site is adequate in size and 27 shape to accommodate the proposed uses in that the project fits within the proposed development envelope without the need for any modifications to the development standards of the Aviara Master Plan and the Parking Ordinance. In addition, no perimeter fences or other special conditions will be necessary to accommodate the PC RESO NO. 6640 -2- requested use as the site is separated from the surrounding residential uses by 2 public streets, open space, and landscaping. A retaining wall with a maximum height of four (4) feet is proposed adjacent to the rear (east) elevation of the 3 addition; however, it will not be visible from the street and will be screened with landscaping. In addition, landscaping is proposed within the courtyard to comply with the standards and additional landscaping will surround the administration and - classroom building which will soften and enhance the appearance of the campus. 6 4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that primary access to the site will continue to be 7 provided from a private driveway located off of Ambrosia Lane. Land use and circulation requirements for the site and the surrounding residential neighborhood were developed at a Master Plan and project-specific level (SDP 00-06, CUP 00-06, 9 CDP 00-09). Assuming that the classrooms and offices are utilized simultaneously while the sanctuary is occupied on the weekends (i.e. during peak service use), the 10 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 attending sanctuary services. Therefore, the street system serving the proposed use will not be impacted. 13 5. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal Code Section 14.28.020 and Landscape Manual Section I B). 14 6. That the Planning Director has determined that the project belongs to a class of projects 15 that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15301(e)(2), Existing 17 Facilities, of the state CEQA Guidelines. In making this determination, the Planning Director has found that the exceptions listed in Section 15300.2 of the state CEQA 18 Guidelines do not apply to this project. 19 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 project includes elements or has been conditioned to construct or provide funding to 21 ensure that all facilities and improvements regarding: sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; 22 government administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. 23 Specifically, 24 a. The project has been conditioned to provide proof from the Carlsbad Unified School 25 District that the project has satisfied its obligation for school facilities. 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. 28 c. The Local Facilities Management fee for Zone 19 is required by Carlsbad Municipal Code Section 21.90.050 and will be collected prior to issuance of building permit. PC RJESO NO. 6640 -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. ^ Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a 6 grading permit or building permit, which ever shall occur first. 7 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 9 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 10 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 conditions or seek damages for their violation. No vested rights are gained by Developer i2 or a successor in interest by the City's approval of this Conditional Use Permit Amendment. 13 2. Staff is authorized and directed to make, or require the Developer to make, all corrections 14 and modifications to the Conditional Use Permit Amendment documents, as necessary 1 <. 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 16 development, different from this approval, shall require an amendment to this approval. 17 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.18 19 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 20 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 21 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 harmless the City of Carlsbad, its Council members, officers, employees, agents, and 24 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 26 Amendment, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and 27 (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 PC RESO NO. 6640 -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 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. 7 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. 19 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 Section 21.42.110 of the Carlsbad Municipal Code. 14 11. This approval is granted subject to the approval of SDP 00-06(A) and CDP 00-09(A) and , <- is subject to all conditions contained in Planning Commission Resolutions No. 6639 and 6641 for those other approvals incorporated herein by reference. 16 12. This approval is subject to all conditions contained in Planning Commission 17 Resolution No. 4869 for CUP 00-06, except for Condition No. 7, and is incorporated herein by reference. 19 13. This Conditional Use Permit is hereby granted without an expiration date. This permit may be revoked at any time after a public hearing, if it is found that the use 20 has a substantial detrimental effect on the surrounding land uses and the public's health and welfare, or the conditions imposed herein have not been met.21 22 14. 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 23 substantial negative effect on surrounding properties or the public health, safety and general welfare. If the Planning Director determines that: 1) the Conditional Use Permit 24 was obtained by fraud or misrepresentation; or 2) the use for which such approval was granted is not being exercised; or 3) the Conditional Use Permit is being or recently has been exercised contrary to any of the terms or conditions of approval or the conditions of 26 approval have not been met; or 4) the use for which such approval was granted has ceased to exist or has been suspended for one year or more; or 5) the use is in violation of any 27 statute, ordinance, law or regulation; or 6) the use permitted by the Conditional Use Permit is being or has been so exercised as to be detrimental to the public health, safety or welfare or so as to constitute a nuisance, the Planning Director shall recommend that the Planning Commission hold a public hearing and after providing the permittee the PC RESO NO. 6640 -5- opportunity to be heard, the Planning Commission may revoke and terminate the 2 Conditional Use Permit in whole or in part, reaffirm the Conditional Use Permit, modify the conditions or impose new conditions. 3 15. 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 r 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 6 facilities will continue to be available until the time of occupancy. 7 16. 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,o 9 17. 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 19, pursuant to Chapter 21.90. All such , 2 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 18. Prior to the issuance of the grading permit, Developer shall submit to the City a Notice 14 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 \ 5 Carlsbad has issued a(n) Site Development Plan Amendment, Conditional Use Permit Amendment, and Coastal Development Permit Amendment by Resolution Nos. 6639, 17 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 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 20 good cause by the Developer or successor in interest. 19. 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 23 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. 24 20. 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 26 project's building, improvement, and grading plans. 27 21. 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. PC RESO NO. 6640 -6- 22. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. 2 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 3 approved plan. 4 Engineering: General 6 23. Prior to hauling dirt or construction materials to or from any proposed construction site 7 within this project, Developer shall apply for and obtain approval from the City Engineer for the proposed haul route. 8 c> 24. 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 10 determined that adequate water and sewer facilities are available at the time of permit issuance. 11 , 2 25. Developer shall submit to the Planning Director, a reproducible 24" x 36", mylar copy of the Site Plan and conceptual Grading Plan sheet C-l reflecting the conditions approved 13 by the final 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 14 planner prior to submittal of the building plans, improvement plans, grading plans, or final map, whichever occurs first. , f Fees/Agreements 17 26. Developer shall cause property owner to execute and submit to the City Engineer for recordation the City's standard form Drainage Hold Harmless Agreement. 18 27. 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 20 Management Practice Maintenance Agreement for the perpetual maintenance of all treatment control, applicable site design and source control, post-construction permanent 21 Best Management Practices prior to the issuance of a grading permit or building permit, whichever occurs first for this Project. 22 23 Grading 24 28. Based upon a review of the proposed grading and the grading quantities shown on the site plan, a grading permit for this project is required. Developer shall prepare and submit 25 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.26 27 29. Developer shall apply for and obtain a grading permit from the City Engineer. Developer shall pay all applicable grading permit fees per the City's latest fee schedule and shall 28 post security per City Code requirements. PC RESO NO. 6640 -7- 30. Developer shall comply with the City's Stormwater Regulations, latest version, and shall 2 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 3 silt runoff during construction, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or 4 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. 6 31. Developer shall complete and submit to the City Engineer a Project Threat Assessment 7 Form (PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF, 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 9 completed PTAF all to the satisfaction of the City Engineer. 10 32. Developer shall submit for City approval a "Storm Water Management Plan (SWMP)." The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban 11 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 Municipal Code all to the satisfaction of the City Engineer. 13 33. Developer shall incorporate Low Impact Development (LID) design techniques, on all 14 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 drainage channels, minimizing impervious surfaces, promoting infiltration and 16 evaporation of run-off before run-off leaves the site. Developer shall incorporate LID techniques using current County of San Diego Low Impact Development Handbook 17 (Stormwater Management Strategies). LID techniques include, but are not limited to: vegetated swale/strip, rain gardens, and porous pavement, which can greatly reduce the 1 ° volume, peak flow rate, velocity and pollutants. 19 Dedications/Improvements 20 34. Developer shall design the private drainage systems, as shown on the site plan to the 21 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 plan check and inspection fees for private drainage systems. 23 35. Developer shall design all proposed public improvements, including but not limited to 24 sewer laterals, water services/meters, etc., as shown on the site plan. These improvements shall be shown on one of the following, subject to City Engineer approval: 26 A. Grading plans processed in conjunction with this project; or . B. Construction Revision to an existing record public improvement drawing. 27 Developer shall pay plan check and inspection fees using improvement valuations in 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. PC RESO NO. 6640 -8- 1 Utilities 2 36. Developer shall meet with the Fire Marshal to determine if fire protection measures (fire 3 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 ^ public water mains to the satisfaction of the District Engineer. 37. Developer shall design and construct public facilities within public right-of-way or within 6 minimum 20-foot wide easements granted to the District or the City of Carlsbad. At the discretion of the District or City Engineer, wider easements may be required for adequate 7 maintenance, access and/or joint utility purposes. o 38. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges 9 for connection to public facilities. 10 39. The Developer shall design landscape and irrigation plans utilizing recycled water as a source and prepare and submit a colored recycled water use map to the Planning Department for processing and approval by the District Engineer. 12 40. Developer shall install potable water and/or recycled water services and meters at 13 locations approved by the District Engineer. The locations of said services shall be reflected on public improvement plans. 14 41. The Developer shall install sewer laterals and clean-outs at locations approved by the City Engineer. The locations of sewer laterals shall be reflected on public improvement plans. 16 Fire: 17 42. Automatic fire sprinklers and a fire alarm system are required. jo Code Reminders: 20 43. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 21 44. 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 23 permit issuance, except as otherwise specifically provided herein. 24 45. The project shall comply with the latest nonresidential disabled access requirements pursuant to Title 24 of the California Building Code. £*3 2/- 46. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. 27 47. Developer shall pay traffic impact fees on Section 18.42 of the City of Carlsbad 28 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. PC RESO NO. 6640 -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 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 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: MARTELL B. MONTGOMERY, CARLSBAD PLANNING COM ATTEST: irperson SION DON NEU Planning Director PC RESO NO. 6640 -10-