HomeMy WebLinkAbout2011-06-01; Planning Commission; Resolution 67761 PLANNING COMMISSION RESOLUTION NO. 6776
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO ALLOW THE REMOVAL OF
4 AN EXISTING 2,127 SQUARE FOOT MODULAR ORTHODOX
5 JEWISH SYNAGOGUE STRUCTURE AND THE
INSTALLATION OF A NEW 3,023 SQUARE FOOT MODULAR
6 ORTHODOX JEWISH SYNAGOGUE STRUCTURE AND
ASSOCIATED 483 SQUARE FOOT MODULAR RESTROOM
7 STRUCTURE FOR THE CHABAD AT LA COSTA ON
PROPERTY LOCATED AT 1980 LA COSTA AVENUE IN THE
LOCAL COMMERCIAL (CL) ZONE, IN LOCAL FACILITIES
9 MANAGEMENT ZONE 6.
CASE NAME: NEW JEWISH COMMUNITY COMPLEX
10 CASE NO.: CUP 10-12
11 WHEREAS, Chabad at La Costa, "Developer/Owner," has filed a verified
12 application with the City of Carlsbad regarding property described as
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Lot 8 of Carlsbad Tract No. 97-09, La Costa LUCKY SAV-ON
14 Shopping Center # 121-283, in the City of Carlsbad, County of
San Diego, State of California, according to Map thereof No.
14038, filed in the office of the County Recorder of San Diego
16 County, September 15, 2000 as instrument No. 00-496121 of
official records
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("the Property"); and18
, n WHEREAS, said verified application constitutes a request for a Conditional Use
20 Permit as shown on Exhibits "A" - "N" dated June 1, 2011, on file in the Planning Department,
21 CUP 10-12 - NEW JEWISH COMMUNITY COMPLEX, as provided by Chapter 21.42
22 and/or 21.50 of the Carlsbad Municipal Code; and
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WHEREAS, the Planning Commission did, on June 1, 2011, hold a duly noticed
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public hearing as prescribed by law to consider said request; and
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2f. 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 CUP.
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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c B) That based on the evidence presented at the public hearing, the Commission
APPROVES CUP 10-12 - NEW JEWISH COMMUNITY COMPLEX, based
6 on the following findings and subject to the following conditions:
7 Findings:
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1. That the requested use is necessary or desirable for the development of the community,
9 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
10 places of worship are encouraged by the General Plan Land Use Element and
permitted by Conditional Use Permit in any zone in the city for the convenience of
residents. The City's General Plan recognizes the need for this type of use and the
12 proposed New Jewish Community Complex is consistent with the General Plan
regarding the availability of community facility uses (including synagogues) for
13 residents of Carlsbad.
14 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 New Jewish
Community Complex is compatible with the existing surrounding La Costa resort,
15 water district offices and shopping center and the renovation of the facility will not
change any significant operational function that would disrupt the existing harmony
17 with surrounding land uses. The project has been designed to accommodate all
required parking on-site and provides for adequate traffic circulation.18
19 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,
20 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
21 other uses in the neighborhood, in that the New Jewish Community Complex will
-- occupy two modular buildings with a total of 3,506 square feet of building area,
onsite landscaping, access from La Costa Avenue and parking. The site, created
23 with the subdivision of the adjacent shopping center property, is uncommonly
shaped and has an additional site restriction to development in the form of a
24 triangular site visibility corridor along the La Costa Avenue frontage. Given these
unique circumstances, reduced front yard and rear yard setback requirements are
appropriate for the development of the site and are illustrated on the project
26 exhibits "A"-"N" dated June 1,2011.
27 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 La Costa
2° Avenue, a secondary arterial street, which is currently operating at an acceptable
level of service. The New Jewish Community Complex replaces an existing facility
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and will therefore have no significant increased impact on the existing roadway.
2 The Chabad at La Costa is estimated to have an existing ADT of 19 and the new
facility is estimated to have an ADT of 32, a 13 ADT increase. The current ADT for
3 this section of La Costa Avenue is approximately 19,000 ADT.
4 5. 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
environment, and it is therefore categorically exempt from the requirement for the
5 preparation of environmental documents pursuant to Section 15332 - "Infill
Development Projects" of the state CEQA Guidelines. In making this determination, the
7 Planning Director has found that the exceptions listed in Section 15300.2 of the state
CEQA Guidelines do not apply to this project.8
6. 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
10 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.
Conditions:12
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to building
permit issuance.
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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
, s 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
17 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.
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Staff is authorized and directed to make, or require the Developer to make, all corrections
21 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.
24 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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. 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 are
27 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
28 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
2 harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
3 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
c nondiscretionary, in connection with the use contemplated herein, and
(c) Developer/Operator's installation and operation of the facility permitted hereby,
6 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
7 survives until all legal proceedings have been concluded and continues even if the City's
approval is not validated.8
9 6. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of
the Site Plan reflecting the conditions approved by the final decision-making body.
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7. Developer shall include, as part of the plans submitted for any permit plancheck, a
reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing
12 format (including any applicable Coastal Commission approvals).
13 8. Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the Encinitas and San Dieguito Unified School Districts that this project
14 has satisfied its obligation to provide school facilities.
9. This project shall comply with all conditions and mitigation measures which are required
15 as part of the Zone 6 Local Facilities Management Plan and any amendments made to that
Plan prior to the issuance of building permits.
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10. This approval shall become null and void if building permits are not issued for this
project within 24 months from the date of project approval.
19 11. Building permits will not be issued for this project unless the local agency providing
20 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
21 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.
23 12. 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
24 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 6, pursuant to Chapter 21.90. All such
26 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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13. Prior to the issuance of the building permit, Developer shall submit to the City a Notice
2° of Restriction executed by the owner of the real property to be developed. Said notice is
to be filed in the office of the County Recorder, subject to the satisfaction of the Planning
PC RESO NO. 6776 -4-
Director, notifying all interested parties and successors in interest that the City of
2 Carlsbad has issued a Conditional Use Permit by Resolution No. 6776 on the property.
Said Notice of Restriction shall note the property description, location of the file
3 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
e which modifies or terminates said notice upon a showing of good cause by the Developer
or successor in interest.
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14. CUP 10-12 shall be reviewed by the Planning Director annually to determine if all
7 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
9 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
10 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
been suspended for one year or more; or 5) the use is in violation of any statute,
12 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
13 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
14 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.
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15. This Conditional Use Permit is granted without an expiration date. This permit may be
17 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.
19 16. Prior to the issuance of a building permit the applicant shall demonstrate that the
20 building materials and construction methods will limit the interior noise levels with
the windows closed to 45 Leq(h) dB(A) or less.
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^ Engineering:
23 17. Unless specifically stated in the condition, all of the following conditions, upon the
approval of this proposed development, must be met prior to approval of a building or
24 grading permit whichever occurs first.
25 18. Prior to hauling dirt or construction materials to or from any proposed construction site
26 within this project, developer shall apply for and obtain approval from, the city engineer
for the proposed haul route.
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PC RESO NO. 6776 -5-
19. This project is approved upon the express condition that building permits will not be
2 issued for the development of the subject property, unless the district engineer has
determined that adequate water facilities are available at the time of permit issuance and
3 will continue to be available until time of occupancy.
20. Developer shall include rain gutters on the building plans subject to the city engineer's
<- review and approval. Developer shall install rain gutters in accordance with said plans.
6 21. Developer shall install sight distance corridors at all street intersections and driveways in
accordance with City Engineering Standards. The property owner shall maintain this
7 condition.
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Fees/Agreements
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22. Developer shall cause property owner to execute and submit to the city engineer for
10 recordation, the city's standard form Geologic Failure Hold Harmless Agreement.
23. Developer shall cause property owner to execute and submit to the city engineer for
, 2 recordation the city's standard form Drainage Hold Harmless Agreement.
13 24. Developer shall cause property owner to apply for, execute, and submit, to the city
engineer for recordation, an Encroachment Agreement covering private grasscrete, 7"
14 PCC structural pavement, PCC curb and gutter located over existing public right-of-way
or easements as shown on the Site Plan. Developer shall pay processing fees per the city's
latest fee schedule.
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25. Prior to approval of any grading or building permits for this project, developer shall cause
17 owner to give written consent to the city engineer for the annexation of the area shown
within the boundaries of the Site Plan into the existing City of Carlsbad Street Lighting
and Landscaping District No. 1 and/or to the formation or annexation into an additional
Street Lighting and Landscaping District. Said written consent shall be on a form
provided by the city engineer.
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Grading
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26. Based upon a review of the proposed grading and the grading quantities shown on the
Site Plan, a grading permit for this project is required. Developer shall prepare and submit
23 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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27. Developer shall apply for and obtain a grading permit from the city engineer. Developer
shall pay all applicable grading permit fees per the city's latest fee schedule and shall post
security per City Code requirements.
27 28. Developer shall comply with the city's Stormwater Regulations, latest version, and shall
implement best management practices at all times. Best management practices include
28 but are not limited to pollution control practices or devices, erosion control to prevent silt
runoff during construction, general housekeeping practices, pollution prevention and
PC RESO NO. 6776 -6-
educational practices, maintenance procedures, and other management practices or
2 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
3 prospective owners and tenants of the above requirements.
29. 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
appropriate Tier level Storm Water Pollution Prevention Plan (SWPPP) as determined by
the completed PTAF all to the satisfaction of the city engineer. Developer shall pay all
applicable SWPPP plan review and inspection fees per the city's latest fee schedule.
30. Developer is responsible to ensure that all final design plans (grading plans, improvement
plans, landscape plans, building plans, etc) incorporate all source control, site design,
treatment control BMP, applicable hydromodification measures, and Low Impact Design
10 (LID) facilities.
31. Developer shall incorporate measures with this project to comply with Standard
Stormwater Requirements per the city's Standard Urban Stormwater Management Plan
(SUSMP). These measures include, but are not limited to: 1) reducing the use of new
13 impervious surfaces (e.g.: paving), 2) designing drainage from impervious surfaces to
discharge over pervious areas (e.g.: turf, landscape areas), 3) and designing trash
14 enclosures to avoid contact with storm runoff, all to the satisfaction of the city engineer.
Dedications/Improvements
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32. Developer shall design all proposed public improvements including but not limited to
17 (driveways, sidewalk, water services/meters, curb drains, etc.) as shown on the site plan.
These improvements shall be shown on one of the following, subject to City Engineer
° approval:
19 a. Grading plans processed in conjunction with this project;
20 b. Construction revision to an existing record public improvement drawing.
21 33. Developer shall pay plan check and inspection fees using improvement valuations in
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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Utilities
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34. 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
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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35. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges
28 for connection to public facilities.
PC RESO NO. 6776 -7-
36. The developer shall meet with and obtain approval from the Leucadia Wastewater
2 District regarding sewer infrastructure available or required to serve this project.
3 Code Reminders:
The project is subject to all applicable provisions of local ordinances, including but not limited to
<-the following:
6 37. 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
7 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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9 38. 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
10 permit issuance, except as otherwise specifically provided herein.
39. The project shall comply with the latest nonresidential disabled access requirements
, « pursuant to Title 24 of the California Building Code.
13 40. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
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15 NOTICE
16 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."
18 You have 90 days from date of final approval to protest imposition of these fees/exactions. If
19 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.
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You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
23 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
95 NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
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1 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
2 Commission of the City of Carlsbad, California, held on June 1, 2011 by the following vote, to
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wit:
4
- AYES: Chairperson L'Heureux, Commissioners Arnold, Black,
Schumacher, Scully and Siekmann
6 NOES:
7 ABSENT: Commissioner Nygaard
8 ABSTAIN:
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—=*cy—^-y \y \.*~^
12 STEPHEN "liAP" .L/HETjREUX, Chairperson
CARLSBAD PLANNING COMMISSION
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14 ATTEST:
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17 DONNEU
Planning Director18
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