HomeMy WebLinkAbout2011-09-07; Planning Commission; Resolution 67991 PLANNING COMMISSION RESOLUTION NO. 6799
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT AMENDMENT TO EXPAND
4 THE TOTAL SQUARE FOOTAGE OF THE EXISTING NORTH
COAST CHURCH BY 12,768 SQUARE FEET FOR A TOTAL
AREA OF 29,376 SQUARE FEET WITHIN AN EXISTING
6 42,959 SQUARE FOOT OFFICE/WAREHOUSE BUILDING ON
PROPERTY LOCATED AT 2310 CAMINO VIDA ROBLE,
7 BETWEEN YARROW DRIVE AND EL CAMINO REAL, IN
THE P-M ZONE AND IN LOCAL FACILITIES
8 MANAGEMENT ZONE 5.
9 CASE NAME: NORTH COAST CHURCH
CASE NO.: CUP 09-03(A)
10
WHEREAS, North Coast Church, "Applicant" has filed a verified application
17 with the City of Carlsbad regarding property owned by RJ Vida Roble Investors, LLC "Owner"
13 described as
14 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
office of the county recorder of San Diego County, December
16 31,1974
17 ("the Property"); and
*° WHEREAS, said verified application constitutes a request for a Conditional Use
19 Permit Amendment as shown on Exhibits "A - D" dated September 7, 2011, on file in the
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Planning Department, NORTH COAST CHURCH - CUP 09-03(A), as provided by Chapter
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21.42 and/or 21.50 of the Carlsbad Municipal Code; and
23 WHEREAS, the Planning Commission did, on September 7, 2011, hold a duly
24 noticed public hearing as prescribed by law to consider said request; and
25 WHEREAS, at said public hearing, upon hearing and considering all testimony
26 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
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relating to the CUP Amendment; and
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1 WHEREAS, on November 4, 2009, the Planning Commission approved CUP 09-
2 03, as described and conditioned in Planning Commission Resolution No. 6643.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
4
<- Commission of the City of Carlsbad as follows:
6 A) That the foregoing recitations are true and correct.
7 B) That based on the evidence presented at the public hearing, the Commission
APPROVES CUP 09-03(A) - NORTH COAST CHURCH, based on the
following findings and subject to the following conditions:
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Findings:
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Note: These findings are not applicable to 1st Amendment uses; see Section 21.42.030.B.
, ~ 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 the
13 existing North Coast Church has been in existence since 2009 providing religious
worship, and educational activities, and other church services to the residents of the
14 community. The City's General Plan recognizes the need for this type of use and
the proposed church expansion is consistent with the General Plan (Refer to section
"A") regarding the location of church uses in any zone of the City for the
j 5 convenience of residents. The church creates diversity in land uses within the city
and the proposed expansion area is a benefit and service to the members of the
17 church and is open to the community.
10 2. That the requested use is not detrimental to existing uses or to uses specifically permitted
19 in the zone in which the proposed use is to be located in that the proposed church
expansion is compatible with the existing surrounding office/warehouse uses located
20 on-site and within the P-M zone. The project has been designed to accommodate all
required parking on-site through the approval of a joint use off-street parking
21 facilities agreement and provides for adequate traffic circulation. Additionally, the
„„ church's hours of operation are essentially different then the neighboring
office/warehouse uses. The differing peak hours of operation will reduce or avoid
23 potential conflicts with the existing permitted office/warehouse uses and the
proposed church expansion use.
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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,
26 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
27 other uses in the neighborhood, in that the church with the proposed expansion will
occupy 29,376 square feet of an existing 42,959 square foot office/warehouse
2° building with existing onsite landscaping as previously approved under Tentative
Tract Map No. CT 73-49 and requires no site alterations or additional amenities.
PC RESO NO. 6799 -2-
The project complies with all of the required development standards of the P-M
2 Zone. The proposed 12,768 square foot tenant space expansion is adequate in size
and shape to accommodate the church's existing and future operations.
3 Furthermore, to ensure compatibility of the project with the existing tenants, the
parking spaces for the church operation on weekdays will be limited to 77 spaces
4 through an amended joint use parking agreement at all times.
4. That the street system serving the proposed use is adequate to properly handle all traffic
6 generated by the proposed use since access to the site is provided from Camino Vida
Roble, a secondary arterial, which is currently operating at an acceptable level. The
7 church expansion will increase the number of Average Daily Trips (ADT) on
Sundays from 648 to 1,057 ADT, and from 162 to 264 ADT Monday - Saturday.
Although the ADT is projected to increase, the surrounding street system is
9 designed to support the increased ADT. If the ADT increases per the calculated
projections, the church's differing peak use hours (weekends only) will avoid
10 potential traffic and parking conflicts with adjacent office/warehouse use peak
hours (weekdays only).
, ~ 5. The project is consistent with the adopted Airport Land Use Compatibility Plan for the
McClellan-Palomar Airport (ALUCP), amended March 4, 2010, in that the project is
13 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
14 airport since in that the project site is located outside of the 60 dB CNEL noise
contour and will therefore not require any interior or exterior noise attenuation.
The church use is identified as a compatible land use within Safety Zone 6.
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6. That the Planning Director has determined that the project belongs to a class of projects
17 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
preparation of environmental documents pursuant to Section 15301 "Existing Facilities"
I Q 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
20 apply to this project.
21 7. 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
23 degree of the exaction is in rough proportionality to the impact caused by the project.
24 Conditions:
oc Note: Unless specifically stated in the condition, all of the following conditions, upon the
2g approval of this proposed development, must be met prior to approval of a building
permit.
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1. If any of the following conditions fail to occur, or if they are, by their terms, to be
28 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
PC RESO NO. 6799 -3-
revoke or modify all approvals herein granted; deny or further condition issuance of all
2 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
3 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
Amendment.
6 2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Conditional Use Permit Amendment documents, as necessary
7 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.
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3. Developer shall comply with all applicable provisions of federal, state, and local laws and
10 regulations in effect at the time of building permit issuance.
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 are
challenged, this approval shall be suspended as provided in Government Code Section
13 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
14 all requirements of law.
5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
16 harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
17 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
Amendment, (b) City's approval or issuance of any permit or action, whether
discretionary or nondiscretionary, in connection with the use contemplated herein, and
(c) Developer/Operator's installation and operation of the facility permitted hereby,
20 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
21 survives until all legal proceedings have been concluded and continues even if the City's
„ approval is not validated.
23 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
24 body.
25 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
format (including any applicable Coastal Commission approvals).
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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
obligation to provide school facilities.
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9. This project shall comply with all conditions and mitigation measures which are required
2 as part of the Zone 5 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
4 project within 24 months from the date of project approval.
5 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
7 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.
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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
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
11 Local Facilities Management Plan fee for Zone 5, 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
12 approval will not be consistent with the General Plan and shall become void.
*3 13. Prior to the issuance of the building permit, Developer shall submit to the City a Notice
. . 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
15 Director, notifying all interested parties and successors in interest that the City of
Carlsbad has issued a(n) Conditional Use Permit Amendment by Resolution No. 6799
16 on the property. 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
jg Planning Director has the authority to execute and record an amendment to the notice
which modifies or terminates said notice upon a showing of good cause by the Developer
19 or successor in interest.
20 14. CUP 09-03(A) shall be reviewed by the Planning Director annually to determine if all
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.
22 If the Planning Director determines that: 1) the Conditional Use Permit was obtained by
fraud or misrepresentation; or 2) the use for which such approval was granted is not being
23 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
24 not been met; or 4) the use for which such approval was granted has ceased to exist or has
-r 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
26 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
27 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.
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15. This Conditional Use Permit Amendment is granted for a period of 10 years from
2 September 7, 2011 through September 6, 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
3 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 10 years upon written application of the permittee made no less than 90
c days prior to the expiration date. The Planning Commission may not grant such
extension, unless it finds that there are no substantial negative effects on surrounding land
6 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
7 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.
o
9 16. This resolution shall supersede all conditions required as part of the approved
Conditional Use Permit (CUP 09-03) as contained in Planning Commission
10 Resolution No. 6643 which are either replaced by these conditions and/or which
have been satisfied previously or are no longer applicable.
12 17. Prior to final occupancy for the church expansion, all parties involved in the joint
use of a parking lot shall provide evidence of an amended agreement for such joint
13 use by a proper legal instrument approved by the city attorney and planning
director as to form and content. The amended agreement shall incorporate
14 condition of approval No. 18 and No. 19 below. 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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18. On weekdays during regular day time office hours, parking spaces for the church
17 shall be limited to 77 parking spaces.
18 19. On weekends, parking spaces for the church shall be limited to 214 parking spaces
]c) and public assembly capacity shall be limited to no more than 650 attendees for this
use.
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Engineering;
21
Note: 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
23 permit.
24 General
25 20. This project is approved upon the express condition that building permits will not be
26 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
27 issuance and will continue to be available until time of occupancy.
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PC RESO NO. 6799 -6-
21. Developer shall install sight distance corridors at all street intersections and driveways in
2 accordance with City Engineering Standards. The property owner shall maintain this
condition.
3
Grading
<- 22. 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
6 but are not limited to pollution control practices or devices, erosion control to prevent silt
runoff during construction, general housekeeping practices, pollution prevention and
7 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
9 prospective owners and tenants of the above requirements.
10 23. 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
13 applicable SWPPP plan review and inspection fees per the city's latest fee schedule.
14 24. 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
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
17 enclosures to avoid contact with storm runoff, all to the satisfaction of the city engineer.
1 X10 Code Reminders:
19 The project is subject to all applicable provisions of local ordinances, including but not limited to
20 the following:
21 25. 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
23 planning purposes only.
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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 September 7, 2011 by the following
vote, to wit:
AYES:
NOES:
Chairperson L'Heureux, Commissioners Arnold, Black, Scully,
Schumacher and Siekmann
ABSENT: Commissioner Nygaard
ABSTAIN:
STEPHEN t7FIAP" L'HEUREUX, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:ax
DON NEU
PC RESO NO. 6799 -8-