HomeMy WebLinkAbout2010-07-21; Planning Commission; Resolution 67141 PLANNING COMMISSION RESOLUTION NO. 6714
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A TWO
YEAR EXTENSION OF SITE DEVELOPMENT PLAN SDP 06-
4 02 FOR THE DEVELOPMENT OF A CHURCH AND CHILD
DAY CARE CENTER LOCATED WITHIN VILLAGE T OF
THE RANCHO CARRILLO MASTER PLAN ON PROPERTY
6 LOCATED ON THE NORTHEAST CORNER OF EL FUERTE
STREET AND RANCHO PANCHO IN LOCAL FACILITIES
7 MANAGEMENT ZONE 18
CASE NAME: PALOMAR KOREAN CHURCH
8 CASE NO.: SDP 06-02X1
9 WHEREAS, Palomar Korean Church LLC, "Developer/Owner," has filed a
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verified application with the City of Carlsbad regarding property described as
12 Lot 103 of Carlsbad Tract No. 93-04, Rancho Carrillo Village
"Q", in the City of Carlsbad, County of San Diego, State of
13 California, according to map thereof No. 13551, filed in the
Office of the County Recorder of San Diego County, March 31,
14 1998
15 ("the Property"); and
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WHEREAS, said verified application constitutes a request for a Site Development
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Plan Extension as shown on Exhibits "A" - "K" dated March 7, 2007, on file in the Planning18
19 Department, PALOMAR KOREAN CHURCH - SDP 06-02 as provided by Chapter 21.06 of
20 the Carlsbad Municipal Code; and
21 WHEREAS, the Planning Commission did, on July 21, 2010 , hold a duly noticed
22 public hearing as prescribed by law to consider said request; and
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WHEREAS, at said public hearing, upon hearing and considering all testimony
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and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
25 relating to the Site Development Plan extension; and
27 WHEREAS, on March 7, 2007, the Planning Commission approved,
28 PALOMAR KOREAN CHURCH - SDP 06-02, as described and conditioned in Planning
Commission Resolution No. 6250.
1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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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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r B) That based on the evidence presented at the public hearing, the Planning
Commission APPROVES PALOMAR KOREAN CHURCH - SDP 06-02X1
6 based on the following findings and subject to the following conditions:
Findings:
1. All findings contained in Planning Commission Resolution No. 6250 dated March 7,
2007, for SDP 06-02 are incorporated herein by reference and remain in effect.
2. That such permits and approvals as extended are consistent with the requirements of Title
21 of this code at the time of the extension of the site development plan.
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3. The Planning Director has determined that:
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a. the project is a subsequent activity of a project for which a program EIR was prepared
(Rancho Carrillo Master Plan - MP 139 and its amendments), and a notice for the
14 activity has been given, which includes statements that this activity is within the
scope of the program approved earlier, and that the program EIR adequately describes
15 the activity for the purposes of CEQA [15168(c)(2) and (e)] and
b. this project is consistent with the Rancho Carrillo Master Plan cited above;
17 c. EIR 91-04, Rancho Carrillo, was certified in connection with the prior project or
18 plan;
d. the project has no new significant environmental effect not analyzed as significant in
„„ the prior EIR;
21 e. none of the circumstances requiring a Subsequent EIR or a Supplemental EIR under
CEQA Guidelines Sections 15162 or 15163 exist.
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4. 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
„ . 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.
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Conditions:
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Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of
a grading or building permit, whichever occurs first.
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All conditions contained in Planning Commission Resolution No. 6250 dated March
2 7, 2007 for SDP 06-02 are incorporated herein by reference and remain in effect,
except for Conditions No. 7 and 22 through 47 which are superseded by Conditions
3 No. 2 and 3 through 29 listed below.
2. This approval shall become null and void if building permits are not issued by March 8,
c 2012. Approval for Phase Two improvements shall become null and void if building
permits are not issued for Phase Two within 10 years from the completion of Phase
6 One. Subsequent development of Phase Two, after permit expiration, shall require
a Site Development Plan Amendment.
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Engineering:o
g General
10 3. 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
* 1 for the proposed haul route.
12 4. This project is approved upon the express condition that building permits will not be
13 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
issuance.
5. Developer shall install sight distance corridors at all street intersections and driveways in
accordance with City Engineering Standards.
17 Fees/Agreements
1 80 6. Developer shall cause property owner to execute and submit to the City Engineer for
, g recordation, the City's standard form Geologic Failure Hold Harmless Agreement.
7. Developer shall cause property owner to execute and submit to the City Engineer for
20 recordation the City's standard form Drainage Hold Harmless Agreement.
21 8. 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
23 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,,
24 whichever occurs first for this Project.
9. Developer shall cause property owner to apply for, execute, and submit, to the City
Engineer for recordation, an Encroachment Agreement covering private enhanced
pavement located over proposed public right-of-way or easements as shown on the site
27 plan. Developer shall pay processing fees per the City's latest fee schedule.
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10. This project shall be annexed into City of Carlsbad Street Lighting and Landscaping
2 District No. 2 (SL&LD #2). Prior to approval of any grading, building permits or final
map for this project, Developer shall cause Owner to execute an Agreement to annex the
3 subject property into City of SL&LD #2. The Agreement shall be in a form approved by
the Assistant City Finance Director. Developer shall pay all fees necessary to annex the
4 property into SL&LD #2.
Grading
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11. Based upon a review of the proposed grading and the grading quantities shown on the site
7 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.
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12. Developer shall apply for and obtain a grading permit from the City Engineer. Developer
10 . shall pay all applicable grading permit fees per the City's latest fee schedule and shall
post security per City Code requirements.
*j 13. Developer shall comply with the City's Storm water Regulations, latest version, and shall
implement best management practices at all times. Best management practices include
13 but are not limited to pollution treatment practices or devices, erosion control to prevent
silt runoff during construction, general housekeeping practices, pollution prevention and
14 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
1^ prospective owners and tenants of the above requirements.
17 14. Prior to the issuance of a grading permit, Developer shall submit to the City Engineer
receipt of a Notice of Intention from the State Water Resources Control Board.
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,g 15. Prior to the issuance of grading permit or building permit, whichever occurs first,
Developer shall submit for City approval a Tier 3 Storm Water Pollution Prevention Plan
20 (TIER 3 SWPPP). The TIER 3 SWPPP shall be in compliance with current requirements
and provisions established by the San Diego Region of the California Regional Water
21 Quality Control Board and City of Carlsbad Requirements. The TIER 3 SWPPP shall
address measures to reduce to the maximum extent practicable storm water pollutant
runoff during construction of the project.
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16. 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
~s Municipal Code all to the satisfaction of the City Engineer.
27 17. 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
PCRESONO. 6714 -4-
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. Alternatives that may be considered
4 include routing the easterly portion of the parking area through bio-filters
c constructed in the central landscape area of the lot, installation of pervious
pavement for parking spaces adjacent to the central landscape area, and the
6 construction of bio-swales in the landscape strips in front of the proposed retaining
walls.
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Dedications/Improvements
o
9 18. 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
10 and larger) shall be inspected by the City. Developer shall pay the standard improvement
plan check and inspection fees for private drainage systems.
,~ 19. Developer shall design all proposed public improvements including but not limited to
(sewer laterals, streetlights, pedestrian ramps, driveways, sidewalk, water services/meters,
13 curb drains, etc.) as shown on the site plan. These improvements shall be shown on one
of the following, subject to City Engineer approval:
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A. Grading plans processed in conjunction with this project; or
B. Construction Revision to an existing record public improvement drawing.
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Developer shall pay plan check and inspection fees using improvement valuations in
17 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.
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i Q 20. Developer shall cause Owner to waive direct access rights by separate document prior to
the issuance of a building permit for El Fuerte.
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21. Developer shall design, and obtain approval from the City Engineer, the structural section
21 for the access aisles with a traffic index of 5.0 in accordance with City Standards due to
truck access through the parking area and/or aisles with an ADT greater than 500. Prior to
completion of grading, the final structural pavement design of the aisle ways shall be
23 submitted together with required R-value soil test information subject to the review and
approval of the City Engineer.
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Utilities
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js 22. 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
27 hydrants, if proposed, shall be considered public improvements and shall be served by
public water mains to the satisfaction of the District Engineer.
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23. Developer shall design and construct public facilities within public right-of-way or within
2 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
3 maintenance, access and/or joint utility purposes.
4 24. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges
<- for connection to public facilities.
6 25. 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
7 Department for processing and approval by the District Engineer.
o 26. Developer shall install potable water and/or recycled water services and meters at
9 locations approved by the District Engineer. The locations of said services shall be
reflected on public improvement plans.
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27. 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.
12 28. The Developer shall design and construct public water, sewer, and recycled water
13 facilities substantially as shown on the site plan to the satisfaction of the District Engineer
and City Engineer.
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Code Reminders:
16 The project is subject to all applicable provisions of local ordinances, including but not limited to
the following:
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29. 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
, Q Daily Trips (ADT) and floor area contained in the staff report and shown on the site
plan are for planning purposes only.
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NOTICE
22 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
23 "fees/exactions."
You have 90 days from date of final approval to protest imposition of these fees/exactions. If
25 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
26 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
27 annul their imposition.
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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 July 21, 2010, by the following vote, to
wit:
AYES:
NOES:
Chairperson Douglas, Commissioners Dominguez, L'Heureux,
Montgomery, Nygaard and Schumacher
ABSENT: Commissioner Baker
ABSTAIN:
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Planning Director
PCRESONO. 6714 -7-