HomeMy WebLinkAbout2009-11-04; Planning Commission; Resolution 66431 PLANNING COMMISSION RESOLUTION NO. 6643
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO ALLOW NORTH COAST
4 CHURCH TO OPERATE AND HOLD WORSHIP SERVICES IN
A VACANT 18,000 SQUARE FOOT SUITE WITHIN AN
EXISTING 40,978 SQUARE FOOT OFFICE/INDUSTRIAL
6 BUILDING ON PROPERTY LOCATED AT 2310 CAMINO
VIDA ROBLE IN LOCAL FACILITIES MANAGEMENT ZONE
7 5.
CASE NAME: NORTH COAST CHURCH
8 CASE NO.: CUP 09-03
9 WHEREAS, North Coast Church, "Applicant" has filed a verified application
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with the City of Carlsbad regarding property owned by RJ Vida Roble Investors, LLC
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_, "Owner" described as
13 Lot 6 of Carlsbad Tract No. 73-49 (C.C. & F. Palomar Airport
Business Park) Unit 1, in the map thereof no. 8054, filed in the
14 office of the county recorder of San Diego County, December 31,
197415
16 ("the Property"); and
17 WHEREAS, said verified application constitutes a request for a Conditional Use
18 Permit as shown on Exhibit "A" dated November 4, 2009, on file in the Planning Department -
19 NORTH COAST CHURCH - CUP 09-03, as provided by Chapter 21.42 and/or 21.50 of the
20 Carlsbad Municipal Code; and
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WHEREAS, the Planning Commission did, on November 4, 2009, hold a duly
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r.~ noticed public hearing as prescribed by law to consider said request; and
24 WHEREAS, at said public hearing, upon hearing and considering all testimony
25 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
26 relating to the CUP.
27 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
2 B) That based on the evidence presented at the public hearing, the Commission
3 APPROVES CUP 09-03 - NORTH COAST CHURCH, based on the following
findings and subject to the following conditions:
4
<- Findings:
g (Note: These findings are not applicable to 1st Amendment uses; see Section 21.42.030.B)
7 1. 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, in that
church uses are encouraged by the Land Use Element and permitted by Conditional
p Use Permit in any zone in the city for the convenience of residents. The church
creates diversity in land uses within the city and provides for adequate on-site
10 parking facilities.
11 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 church is
compatible with the existing surrounding office/industrial uses located on-site and
13 within the P-M zone. The project has been designed to accommodate all required
parking on-site and provides for adequate traffic circulation. Additionally, the
14 church's hours of operation are essentially different then the neighboring
office/industrial uses. The differing peak hours of operation will reduce or avoid
1 potential conflicts with the existing permitted office/industrial uses and the proposed
, f- church use.lo
17 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,
18 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 church will occupy 18,000 square feet of an
2Q existing 40,978 square foot office/industrial building with existing landscaping as
previously approved under Tentative Tract Map No. CT 73-49 and requires no site
21 alterations or additional amenities. The project complies with all of the required
development standards of the P-M Zone. The proposed 18,000 square feet is
22 adequate in size and shape to accommodate the proposed church operations. As
,-_ shown on Exhibit "A," there is adequate space for an assembly room, multipurpose
rooms, offices, a conference room, restrooms, a reception and lobby area, and
24 storage space.
25 4. That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use since access to the site is provided from Camino Vida
2" Roble, a secondary arterial that is currently operating at an acceptable level.
27 Although additional traffic will be generated by the proposed church, the church's
differing peak use hours (weekends only) will avoid potential traffic and parking
28 conflicts with adjacent office/industrial peak use hours (weekdays only). The
church proposes a maximum of 648 Average Daily Trips (ADT) during peak use
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hours on Sunday and Saturday and a maximum of 162 ADT during the
2 office/industrial peak use hours on the weekdays.
3 5. The project is consistent with the adopted Airport Land Use Compatibility Plan (ALUCP)
for the McClellan-Palomar Airport, dated October 2004, in that the project is compatible
with the projected noise levels of the ALUCP; and, based on the noise/land use
, compatibility matrix of the ALUCP, the proposed land use is compatible with the airport
since the project site has a noise level of less than 60 dBA CNEL in which the
5 ALUCP identifies as compatible with church uses. The project site is also located in
the ALUCP Flight Activity Zone (FAZ) which identifies land areas which should be
7 held free of intensive development.
The proposed church is compatible within the FAZ in that:
9 the project does not propose more than 10 dwelling units per acre;
10 • the project does not include the proposal of a high rise development;
• the project does not propose public assembly of groups larger than 100; and
• the project does not create objects affecting navigable airspace pursuant to FAR
PART 77 of the ALUCP.
13 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
14 environment, and it is therefore categorically exempt from the requirement for the
preparation of environmental documents pursuant to Section 15301 "Existing Facility"
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 Guidelines do not
apply to this project.
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7. The Planning Commission has reviewed each of the exactions imposed on the Developer
18 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.
20 Conditions:
21
Note: Unless specifically stated in the condition, all of the following conditions, upon the
22 approval of this proposed development, must be met prior to approval of a building
permit.
24 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
25 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
~7 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
28 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.
PC RESO NO. 6643 -3-
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
2 and modifications to the Conditional Use Permit documents, as necessary to make them
internally consistent and in conformity with the final action on the project. Development
3 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
regulations in effect at the time of building permit issuance.
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4. If any condition for construction of any public improvements or facilities, or the payment
7 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 unless the City Council determines that the project without the condition complies
with all requirements of law.
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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
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
13 or indirectly, from (a) City's approval and issuance of this Conditional Use Permit,
(b) City's approval or issuance of any permit or action, whether discretionary or
14 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
, , 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
17 approval is not validated.
18 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
19 body.
20 7. Developer shall include, as part of the plans submitted for any permit plancheck, a
21 reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing
format (including any applicable Coastal Commission approvals).
22
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
24 obligation to provide school facilities.
25 9. This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 5 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
27 10. This approval shall become null and void if building permits are not issued for this
28 project within 24 months 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
2 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
3 time of the application for the building permit, and that water and sewer capacity and
facilities will continue to be available until the time of occupancy.
4
, 12. All roof appurtenances, including air conditioners, shall be architecturally integrated and
concealed from view and the sound buffered from adjacent properties and streets, in
5 substance as provided in Building Department Policy No. 80-6, to the satisfaction of the
Directors of Community Development and Planning.
7
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, any change in the
telecommunications provider, or any transfer in ownership of the site.
10 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
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 5, pursuant to Chapter 21.90. All such
13 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.
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15. Prior to the issuance of the Conditional Use Permit, Developer shall submit to the City a
Notice of Restriction executed by the owner of the real property to be developed. Said
1, 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
17 of Carlsbad has issued a(n) Conditional Use Permit by Resolution No. 6643 on the
property. Said Notice of Restriction shall note the property description, location of the
18 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
2Q which modifies or terminates said notice upon a showing of good cause by the Developer
or successor in interest.
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16. CUP 09-03 shall be reviewed by the Planning Director annually to determine if all
22 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, safety and general welfare.
If the Planning Director determines that: 1) the Conditional Use Permit was obtained by
24 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
25 contrary to any of the terms or conditions of approval or the conditions of approval have
not been met; or 4) the use for which such approval was granted has ceased to exist or has
2" been suspended for one year or more; or 5) the use is in violation of any 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
28 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 opportunity to be
heard, the Planning Commission may revoke and terminate the Conditional Use Permit in
PC RESO NO. 6643 -5-
whole or in part, reaffirm the Conditional Use Permit, modify the conditions or impose
2 new conditions.
3 17. This Conditional Use Permit is granted for a period of 10 years from November 4, 2009
through November 3, 2019. This permit may be 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 welfare, or the conditions imposed herein have not been
met. This permit may be extended for a reasonable period of time not to exceed 5 years
5 upon written application of the permittee made no less than 90 days prior to the
expiration date. The Planning Commission may not grant such extension, unless it finds
7 that there are no substantial negative effects on surrounding land uses or the public's
health and welfare. If a substantial negative effect on surrounding land uses or the
public's health and welfare is found, the extension shall be denied or granted with
conditions which will eliminate or substantially reduce such effects. There is no limit to
the number of extensions the Planning Commission may grant.
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18. No outdoor storage of materials shall occur onsite unless required by the Fire Chief.
11 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
approved plan.
13
19. Prior to occupancy of the building for the church use, all parties involved in the
14 joint use of a parking lot shall provide evidence of agreement for such joint use by a
proper legal instrument approved by the city attorney as to form and content. Such
instrument, when approved as conforming to the provisions of this title, shall be
•,,- recorded in the office of the county recorder and copies thereof filed with the
planning director.
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20. Weekday use of the facility for the church services shall not include assembly use,
but may include study group meetings and similar uses of no more than 40
attendees during regular day time office hours and 50 attendees during evening
hours. Childcare services may be provided only for attendees.
20 21. Weekend uses of the facility for the church services shall be limited to youth
21 services, instructional classes, childcare services for attendees and for Sundays only,
sanctuary assembly services shall be allowed for no more than 100 persons. Upon
22 the adoption of a revised ALUCP for the McClellan-Palomar Airport, if the newly
_, revised plan expressly states that the proposed property is within Safety Zone 6 and
allows in door assembly rooms for places of worship up to 402 people, then assembly
24 rooms for 100 persons maximum as stated in Condition No. 21 shall be non-
applicable, and assembly limitation shall be set by the newly approved ALUCP, but
25 in no case shall assembly capacity be more than 402 attendees for this use.
26 22. Hours of operation to the public shall be restricted to 7:00 AM to 10:00 PM.
27 23. Uses expressly not allowed by this permit include: preschool, elementary school,
28 vacation Bible school, or similar types of use involving use of the facility by children
unaccompanied by parents, with the exception of childcare services used only for
PC RESO NO. 6643 -6-
church attendees during sanctuary assembly services or other church
2 classes/functions.
3 24. On weekdays, parking spaces for the church shall be limited to 54 parking spaces at
all times.
4
- 25. On weekends, parking spaces for the church shall be limited to 247 parking spaces.
Engineering:
7 26. Developer shall install sight distance corridors at all street intersections and driveways in
accordance with City Engineering Standards.8
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
10 but are not limited to pollution treatment practices or devices, erosion control to prevent
silt runoff during construction, general housekeeping practices, pollution prevention and
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
13 notify prospective owners and tenants of the above requirements.
14 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,
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.
17
Code Reminders:
18
29. 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
20 permit issuance, except as otherwise specifically provided herein.
21 30. The project shall comply with the latest nonresidential disabled access requirements
pursuant to Title 24 of the California Building Code.
22
31. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
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32. Any signs proposed for this development shall at a minimum be designed in conformance
25 with the City's Sign Ordinance and shall require review and approval of the Planning
Director prior to installation of such signs.26
27 33. The project is subject to all applicable provisions of local ordinances, including but not
limited to the following:
28
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
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Trips (ADT) and floor area contained in the staff report and shown on the site plan are
for planning purposes only.
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 November 4, 2009 by the following
vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners Baker, Dominguez, Douglas, L'Heureux, Nygaard,
Schumacher, and Chairperson Montgomery
MARTEELBTMONT'
CARLSBAD PLANN
ATTEST:
irperson
SIGN
DON NEU
Planning Director
PC RESO NO. 6643 -8-