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
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property described as
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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
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("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
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WHEREAS, the Planning Commission did, on October 7, 2009, hold a duly
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noticed public hearing as prescribed by law to consider said request; and
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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:
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A) That the foregoing recitations are true and correct.
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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.
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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).
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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:
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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.
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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.
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_, 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.
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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
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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."
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,, 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.
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. 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-