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HomeMy WebLinkAbout2009-10-07; Planning Commission; Resolution 66411 PLANNING COMMISSION RESOLUTION NO. 6641 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A COASTAL DEVELOPMENT PERMIT AMENDMENT, CDP 00- 4 09(A), TO 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 MELLO I SEGMENT OF THE LOCAL COASTAL PROGRAM 9 AND LOCAL FACILITIES MANAGEMENT ZONE 19. CASE NAME: DAYBREAK COMMUNITY CHURCH 10 CASE NO.: CDP 00-Q9(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 j9 WHEREAS, said verified application constitutes a request for a Coastal 20 Development Permit as shown on Exhibits "A" - "N" dated October 7, 2009, on file in the 21 Planning Department, DAYBREAK COMMUNITY CHURCH - CDP 00-09(A), as provided 22 by Chapter 21.201.040 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 28 relating to the CDP. 1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 2 Commission of the City of Carlsbad as follows: 3 A) That the foregoing recitations are true and correct. 4 c B) That based on the evidence presented at the public hearing, the Commission APPROVES DAYBREAK COMMUNITY CHURCH - CDP 00-09(A) based 6 on the following findings and subject to the following conditions: 7 Findings; ° 1. That the proposed development is in conformance with the Mello I Segment of the o Certified Local Coastal Program (LCP) and all applicable policies in that the proposed administrative office and classroom addition to the existing Daybreak Community 10 Church is consistent with the LCP Land Use Plan which designates the site Residential Medium Density (RM) and Open Space (OS) and allows churches as 11 conditionally-permitted uses in residentially-designated areas. No development is proposed in the portion of the lot which is designated as Open Space. The proposed two-story addition is compatible with the surrounding predominantly two-story 13 residential uses in the neighborhood. Furthermore, no agricultural activities, sensitive resources, geological instability, flood hazard, or coastal access 14 opportunities exist onsite, and the two-story addition does not obstruct views of the coastline as seen from public lands or public right-of-way nor otherwise damage the visual beauty of the coastal zone as the adjacent streets are located at an elevation it which is substantially lower than the subject site (i.e. 20-30 feet); therefore, the coastline is not visible from the adjacent right-of-way. 17 2. The proposal is in conformity with the public access and recreation policies of Chapter 3 18 of the Coastal Act in that the property is not located adjacent to the shoreline. Therefore, the project will not interfere with the public's right to physical access to the ocean and the site is not suited for water-oriented recreation activities. 20 3. The project is consistent with the provisions of the Coastal Resource Protection Overlay 21 Zone (Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the City's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, 22 Standard Urban Storm Water Mitigation Plan (SUSMP), and Jurisdictional Urban Runoff Management Program (JURMP) to avoid increased urban runoff, pollutants, and soil erosion. Furthermore, no steep slopes will be affected by the 24 project, and no native vegetation is located in the development envelope for the proposed addition. In addition, the project site is not located in an area prone to 25 landslides, or susceptible to accelerated erosion, floods or liquefaction. 26 4. The project is not located in the Coastal Agriculture Overlay Zone, according to Map X of the Land Use Plan, certified September 1990 and Agricultural Mitigation Fees are not required in accordance with the provisions of the Coastal Agriculture Overlay Zone 28 (Chapter 21.202 of the Zoning Ordinance). PCRESONO. 6641 -2- 5. The project is not located between the sea and the first public road parallel to the sea and 9 therefore, is not subject to the provisions of the Coastal Shoreline Development Overlay Zone (Chapter 21.204 of the Zoning Ordinance). 3 6. The Planning Commission has reviewed each of the exactions imposed on the Developer 4 contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. 6 Conditions: 7 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a grading or building permit, whichever shall occur first. 9 1. If any of the following conditions fail to occur, or if they are, by their terms, to be 10 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 11 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 13 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 14 or a successor in interest by the City's approval of this Coastal Development Permit Amendment.15 lg 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Coastal Development Permit Amendment documents, as 17 necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. 1 ° Any proposed development, different from this approval, shall require an amendment to - this approval. 20 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. 21 4. If any conditions 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 23 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 24 invalid unless the City Council determines that the project without the condition complies with all requirements of law. 25 _, 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 27 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 28 or indirectly, from (a) City's approval and issuance of this Coastal Development Permit Amendment, (b) City's approval or issuance of any permit or action, whether PCRESONO. 6641 -3- discretionary or nondiscretionary, in connection with the use contemplated herein, and 2 (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 3 facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 6. This approval is granted subject to the approval of SDP 00-06(A) and CUP 00-06(A) and 6 is subject to all conditions contained in Resolutions No. 6639 and 6640 for those other approvals incorporated herein by reference. 7 7. The applicant shall apply for and be issued building permits for the addition within 36 months of approval or this coastal development permit will expire unless extended 9 pursuant to Section 21.201.210 of the Carlsbad Municipal Code. 10 NOTICE 11 Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, 12 reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." 13 ,, 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 15 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 16 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, 19 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 21 expired. 22 23 24 25 26 27 28 PCRESONO. 6641 -4- 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: MARTELL B. MONTGOMERY, fiffairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PC RESO NO. 6641 -5-