HomeMy WebLinkAbout2011-01-05; Planning Commission; Resolution 67471 PLANNING COMMISSION RESOLUTION NO. 6747
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3 A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
4 CONDITIONAL USE PERMIT TO ALLOW CHRISTIAN CITY
5 CHURCH TO OPERATE AND HOLD WORSHIP SERVICES IN
6 AN EXISTING 11,080 SQUARE FOOT VACANT
OFFICE/INDUSTRIAL BUILDING (BUILDING "I") ON
7 PROPERTY LOCATED AT 2716 GATEWAY ROAD WITHIN
8 THE BRESSI RANCH MASTER PLAN, PLANNED
9 INDUSTRIAL (P-M) ZONE, IN LOCAL FACILITIES
MANAGEMENT ZONE 17.
10 CASE NAME: CHRISTIAN CITY CHURCH
11 CASE NO.: CUP 10-09
12 WHEREAS, C3 Center, LLC, "Developer/Owner" has filed a verified
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14 application with the City of Carlsbad regarding property described as
15 Parcel 1:
16 Lot 8 of Carlsbad Tract CT 05-09, in the City of Carlsbad,
17 County of San Diego, State of California, according to the map
thereof No. 15669, filed in the office of the County Recorder of
18 said San Diego County, January 15, 2008 (APN: 213-263-16-
19 00); and
20 Parcel 2:
21 Non-exclusive easements for access, parking and various other
22 purposes as defined in declaration of covenants, conditions and
restrictions and reciprocal easement agreement recorded July
31, 2007 as document no. 2007-510735 of official records
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25 ("the Property"); and
WHEREAS, said verified application constitutes a request for a Conditional Use
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Permit as shown on Exhibits "A" - "D" dated January 5, 2011, on file in the Planning
Department, CUP 10-09 - CHRISTIAN CITY CHURCH, as provided by Chapter 21.42
and/or 21.50 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on January 5, 2011, hold a duly
noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
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3 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
4 relating to the CUP.
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6 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
' Commission of the City of Carlsbad as follows:
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A) That the foregoing recitations are true and correct.
10 B) That based on the evidence presented at the public hearing, the Commission
11 APPROVES CUP 10-09 - CHRISTIAN CITY CHURCH, based on the
following findings and subject to the following conditions:
13 Findings:
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Note: These findings are not applicable to 1st Amendment uses; see Section 21.42.030.B
16 1. That the requested use is necessary or desirable for the development of the community,
j 7 and is in harmony with the various elements and objectives of the general plan, including,
if applicable, the certified local coastal program, specific plan or master plan, in that
° church uses are encouraged by the General Plan Land Use Element and permitted
19 by Conditional Use Permit in any zone in the city for the convenience of residents.
2Q The City's General Plan recognizes the need for this type of use and the proposed
church use is consistent with the General Plan (Refer to Section "A") regarding the
availability of community facility uses (including churches) for residents of
22 Carlsbad.
23 ^ That the requested use is not detrimental to existing uses or to uses specifically permitted
24 in the zone in which the proposed use is to be located in that the proposed church is
25 compatible with the existing surrounding veterinary clinic, aquatic fitness club and
office/industrial uses located on-site and within the P-M zone. The project has been
designed to accommodate all required parking on-site and provides for adequate
27 traffic circulation. Additionally, the church's hours of operation (weekday evening
and Sunday) are essentially different then the neighboring office/industrial uses.
The differing peak hours of operation will reduce or avoid potential conflicts with
the existing and recently approved permitted office/industrial uses, veterinary clinic
and aquatic fitness club and the proposed church use.
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
Planning Director, planning commission or city council, in order to integrate the use with
other uses in the neighborhood, in that the Christian City Church will occupy a 11,080
square foot existing office/industrial building with existing onsite landscaping as
previously approved under Planned Industrial Permit (PIP 05-06) and the proposed
tenant improvements and minor exterior building modifications are in compliance
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with Fire Code regulations for public assembly use. Furthermore, the project
2 complies with all of the required development standards of the P-M Zone and the
3 proposed 11,080 square foot building space is adequate in size and shape to
accommodate the proposed Christian City Church, as shown on Exhibit "A."
5 4. That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the project is provided access from Gateway
Road, a local street, which interests with El Fuerte, a collector street, and is
' currently operating at an acceptable level of service. The Spectrum Flex office
8 project was previously analyzed for traffic generation and the street system was
designed to properly handle all traffic generated by the office park. The 100
average daily trips (ADTs) on weekdays and 400 ADTs on weekends (specifically
Sunday) associated with this proposed Christian City Church can be accommodated
11 by the existing street system.
12 5. That the Planning Director has determined that the project belongs to a class of projects
13 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
Facilities" of the state CEQA Guidelines. In making this determination, the Planning
16 Director has found that the exceptions listed in Section 15300.2 of the state CEQA
Guidelines do not apply to this project.
18 6. The Planning Commission has reviewed each of the exactions imposed on the Developer
19 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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22 Conditions:
23 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to building
24 permit issuance.
25 1. If any of the following conditions fail to occur, or if they are, by their terms, to be
26 implemented and maintained over time, if any of such conditions fail to be so
27 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
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
or a successor in interest by the City's approval of this Conditional Use Permit.
Staff is authorized and directed to make, or require the Developer to make, all corrections
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
shall occur substantially as shown on the approved Exhibits. Any proposed development,
different from this approval, shall require an amendment to this approval.
PC RESO NO. 6747 -3-
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
2 regulations in effect at the time of building permit issuance.
3 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
5 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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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
10 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,
(b) City's approval or issuance of any permit or action, whether discretionary or
13 nondiscretionary, in connection with the use contemplated herein, and
14 (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
16 survives until all legal proceedings have been concluded and continues even if the City's
17 approval is not validated.
* ° 6. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of
19 the Site Plan reflecting the conditions approved by the final decision-making 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
22 format (including any applicable Coastal Commission approvals).
23 8. Prior to the issuance of a building permit, the Developer shall provide proof to the
24 Director from the Carlsbad Unified School District that this project has satisfied its
25 obligation to provide school facilities.
9f\9. This project shall comply with all conditions and mitigation measures which are required
27 as part of the Zone 17 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
10. This approval shall become null and void if building permits are not issued for this
project within 36 months from the date of project approval.
11. 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
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
facilities will continue to be available until the time of occupancy.
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
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substance as provided in Building Department Policy No. 80-6, to the satisfaction of the
2 Directors of Community Development and Planning.
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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
5 telecommunications provider, or any transfer in ownership of the site.
6 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
8 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 17, pursuant to Chapter 21.90. All such
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.
12 15. Prior to the issuance of the building permits, Developer shall submit to the City a Notice
13 of Restriction executed by the owner of the real property to be developed. Said notice is
14 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
Carlsbad has issued a Conditional Use Permit by Resolution No. 6747 on the property.
16 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
19 which modifies or terminates said notice upon a showing of good cause by the Developer
or successor in interest.
16. CUP 10-09 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
25 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 approval have
not been met; or 4) the use for which such approval was granted has ceased to exist or has
27 been suspended for one year or more; or 5) the use is in violation of any statute,
28 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 opportunity to be
heard, the Planning Commission may revoke and terminate the Conditional Use Permit in
whole or in part, reaffirm the Conditional Use Permit, modify the conditions or impose
new conditions.
17. This Conditional Use Permit is granted for a period of 10 years from January 5, 2011
through January 4, 2021. 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.
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18. Weekday use of the church facility, between the hours of 7 am and 6 pm, shall not
2 include assembly use but may include other classes, prayer meetings, music
3 rehearsals and other similar uses, provided that parking demand for such uses shall
not exceed 41 spaces.
5 19. On Sunday, the church will operate during the hours of 8 am -12 pm and 5 pm to 10
pm for church assembly services and Sunday school; parking spaces for the church
will be limited to ninety-three (93) parking spaces (83 for the assembly area and 10
spaces for the Sunday school instructors). Occasional assemblies of the
congregation may occur at other times such as Christmas Eve, Easter Sunday or for
memorial services. These assemblies shall not occur on weekdays during normal
business hours 8:00 AM - 5:00 PM except for holidays.
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11 20. Prior to occupancy of the building for the Christian City Church use, all parties
involved in the 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
13 and content. Such instrument, when approved as conforming to the provisions of
14 this title, shall be recorded in the office of the county recorder and copies thereof
filed with the Planning Director.
16 21. Subsequent to the approval of CUP 10-09, an administrative Consistency
j 7 Determination for PIP 05-06 is required to allow for the removal of 4 parking stalls
and to add an additional landscape area and a new pervious patio area.
19 Engineering:
20 22. Developer shall comply with the City's Stormwater Regulations, latest version, and shall
21 implement best management practices at all times. Best management practices include
22 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
24 devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or
25 stormwater conveyance system to the maximum extent practicable. Developer shall
notify prospective owners and tenants of the above requirements.
27 Code Reminders:
28 23. 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
permit issuance, except as otherwise specifically provided herein.
24. The project shall comply with the latest nonresidential disabled access requirements
pursuant to Title 24 of the California Building Code.
25. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
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26. Any signs proposed for this development shall at a minimum be designed in conformance
2 with the City's Sign Ordinance and shall require review and approval of the Planning
3 Director prior to installation of such signs.
27. The project is subject to all applicable provisions of local ordinances, including but not
5 limited to the following:
6 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
Trips (ADT) and floor area contained in the staff report and shown on the site plan are for
planning purposes only.
10 NOTICE11
12 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."
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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
66020(a), and file the protest and any other required information with the City Manager for
17 processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
, g follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
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20 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
22 project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a
23 NOTICE similar to this, or as to which the statute of limitations has previously otherwise
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 January 5, 2011 by the following vote,
to wit:
AYES:
NOES:
Chairperson L'Heureux, Commissioners Baker, Dominguez,
Montgomery and Schumacher
ABSENT: Commissioner Nygaard
ABSTAIN:
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Planning Director
PC RESO NO. 6747