HomeMy WebLinkAbout2012-06-06; Planning Commission; Resolution 6885
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT AMENDMENT, CUP 00-06(B),
TO ALLOW FOR A 8,830 SQUARE FOOT EXPANSION TO
AN EXISTING TWO-STORY ADMINISTRATION AND
CLASSROOM BUILDING AT DAYBREAK COMMUNITY
CHURCH ON PROPERTY GENERALLY LOCATED ON THE
SOUTHWEST CORNER OF POINSETTIA LANE AND
AMBROSIA LANE, WITHIN THE MELLO I SEGMENT OF
THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES
MANAGEMENT ZONE 19.
CASE NAME: DAYBREAK COMMUNITY CHURCH
CASE NO.: CUP 00-06(B)
WHEREAS, Daybreak Community Church of Coastal North County,
“Developer” and “Owner,” has filed a verified application with the City of Carlsbad regarding
property described as
Lot 8 of City of Carlsbad Tract No. 92-3, in the City of
Carlsbad, County of San Diego, State of California, according
to Map thereof No. 13434, filed in the Office of the County
Recorder of San Diego County, June 23, 1997
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit Amendment as shown on Exhibits “A” – “J” dated June 6, 2012, on file in the Planning
Division, DAYBREAK COMMUNITY CHURCH – CUP 00-06(B), as provided by Chapter
21.42 and/or 21.50 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on June 6, 2012, 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
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the CUP Amendment; and
PLANNING COMMISSION RESOLUTION NO. 6885
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WHEREAS, on November 15, 2000, the Planning Commission approved, CUP
00-06, as described and conditioned in Planning Commission Resolution No. 4869; and
WHEREAS, on October 7, 2009, the Planning Commission approved, CUP 00-
06(A), as described and conditioned in Planning Commission Resolution No. 6640.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
APPROVES DAYBREAK COMMUNITY CHURCH – CUP 00-06(B) based
on the following findings and subject to the following conditions:
Findings:
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, including,
if applicable, the certified local coastal program, specific plan or master plan, in that the
existing Daybreak Community Church provides religious worship, educational
activities, and other services to the residents of the Aviara community. The City’s
General Plan, Aviara Master Plan, and the Mello I Segment of the Local Coastal
Program recognize the need for this type of use and the proposed use is consistent
with the these documents (refer to Sections A, B, and G of the staff report)
regarding the location of uses for public assembly in residential neighborhoods. In
addition, the proposed expansion to the church campus is a benefit and service to
the members of the parish and is open to the community.
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 8,830 square
foot administrative office and classroom addition and the existing church are
compatible with the existing residential uses in the neighborhood. The project site
has been designed to accommodate all required parking on-site and provides for
adequate traffic circulation. The site is separated from the surrounding multi-
family and single-family residential uses by public streets, Circulation Element
roadways, open space, variable topography, and project landscaping.
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
City Planner, planning commission or city council, in order to integrate the use with other
uses in the neighborhood, in that the 6.77-acre project site is adequate in size and
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shape to accommodate the proposed uses in that the project fits within the proposed
development envelope without the need for any modifications to the development
standards of the Aviara Master Plan and the Parking Ordinance. In addition, no
perimeter fences or other special conditions will be necessary to accommodate the
requested use as the site is separated from the surrounding residential uses by
public streets, open space, and landscaping. In addition, landscaping is proposed
within the courtyard to comply with the standards of the City’s Landscape Manual
and additional landscaping will surround the administration and classroom
building which will soften and enhance the appearance of the campus.
4. That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that primary access to the site will continue to be
provided from a private driveway located off of Ambrosia Lane. Land use and
circulation requirements for the site and the surrounding residential neighborhood
were developed at a Master Plan and project-specific level (SDP 00-06, CUP 00-06,
and CDP 00-09). The proposed classrooms and multi-purpose room are intended to
be utilized for a variety of educational classes which complement the existing church
use. If the classrooms and offices are utilized simultaneously while the sanctuary is
occupied on the weekends (i.e. during peak service use), the increase in peak
Average Daily Trips (ADTs) will be nominal in that the children who are attending
classes will be driven by their parents who are simultaneously attending sanctuary
services. Therefore, the street system serving the proposed use will not be impacted.
5. That the project is consistent with the City’s Landscape Manual and Water Efficient
Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50).
6. That the City Planner 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
preparation of environmental documents pursuant to Section 15301(e)(2), Existing
Facilities, of the state CEQA Guidelines. In making this determination, the City Planner
has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do
not apply to this project.
7. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 19 and all City public policies and ordinances. The
project includes elements or has been conditioned to construct or provide funding to
ensure that all facilities and improvements regarding: sewer collection and treatment;
water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries;
government administrative facilities; and open space, related to the project will be
installed to serve new development prior to or concurrent with need.
Specifically,
a. The project has been conditioned to provide proof from the Carlsbad Unified School
District that the project has satisfied its obligation for school facilities.
b. The Public Facility fee is required to be paid by Council Policy No. 17 and will be
collected prior to the issuance of building permit.
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c. The Local Facilities Management fee for Zone 19 is required by Carlsbad Municipal
Code Section 21.90.050 and will be collected prior to issuance of building permit.
8. 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.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
grading permit or building permit, which ever shall occur first.
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
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
Amendment.
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
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.
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.
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
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.
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
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
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,
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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
approval is not validated.
6. Developer shall submit to the Planning Division a reproducible 24” x 36” mylar copy of
the Site Plan reflecting the conditions approved by the final decision-making body.
7. Developer shall include, as part of the plans submitted for any plan check, a reduced
legible version of all approving resolutions in a 24” x 36” blueline drawing format.
8. Prior to the issuance of a building permit, the Developer shall provide proof to the City
Planner from the Carlsbad Unified School District that this project has satisfied its
obligation to provide school facilities.
9. This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 19 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
10. The applicant shall apply for and be issued building permits for the addition within 36
months of approval or the approval of the addition will expire unless extended pursuant
to Section 21.42.110 of the Carlsbad Municipal Code.
11. This approval is granted subject to the approval of SDP 00-06(B) and CDP 00-09(B) and
is subject to all conditions contained in Planning Commission Resolutions No. 6884 and
6886 for those other approvals incorporated herein by reference.
12. This approval is subject to all conditions contained in Planning Commission
Resolution No. 6640 for CUP 00-06(A), and is incorporated herein by reference.
13. Pursuant to Condition No. 13 of Planning Commission Resolution No. 6640 (CUP
00-06(A)), the CUP does not have an expiration date. However, the Conditional Use
Permit may be revoked at any time after a public hearing, if it is found that the use
has a substantial detrimental effect on the surrounding land uses and the public’s
health and welfare, or the conditions imposed herein have not been met.
14. This Conditional Use Permit shall be reviewed by the City Planner 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.
If the City Planner 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
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
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
or so as to constitute a nuisance, the City Planner shall recommend that the Planning
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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.
15. 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.
16. Developer shall report, in writing, to the City Planner within 30 days, any address change
from that which is shown on the permit application or any transfer in ownership.
17. 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 19, 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.
18. Prior to the issuance of the grading 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 City
Planner, notifying all interested parties and successors in interest that the City of Carlsbad
has issued a Site Development Plan Amendment, Conditional Use Permit
Amendment, and Coastal Development Permit Amendment by Resolutions No. 6884,
6885, and 6886, respectively, 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 City Planner 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 or successor in interest.
19. Developer shall submit and obtain City Planner approval of a Final Landscape and
Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and
the City’s Landscape Manual. Developer shall construct and install all landscaping and
irrigation as shown on the approved Final Plans. All landscaping shall be maintained in a
healthy and thriving condition, free from weeds, trash, and debris. All irrigation systems
shall be maintained to provide the optimum amount of water to the landscape for plant
growth without causing soil erosion and runoff.
20. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
landscape plan check process on file in the Planning Division and accompanied by the
project’s building, improvement, and grading plans.
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21. All roof appurtenances, including air conditioners, shall be architecturally integrated and
concealed from view and the sound buffered from adjacent properties and streets, in
substance as provided in Building Department Policy No. 80-6, to the satisfaction of the
Director of Community and Economic Development and the City Planner.
22. No outdoor storage of materials shall occur onsite unless required by the Fire Chief.
When so required, the Developer shall submit and obtain approval of the Fire Chief and
the City Planner of an Outdoor Storage Plan, and thereafter comply with the approved
plan.
Engineering:
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 or
grading permit whichever occurs first.
General
23. 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
for the proposed haul route.
24. This project is approved upon the express condition that building permits will not be
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 and will continue to be available until time of occupancy.
25. Developer shall submit to the city planner, a reproducible 24" x 36", mylar copy of the
site plan, conceptual grading plan, and preliminary utility plan reflecting the conditions
approved by the final decision making body. The reproducible shall be submitted to the
city planner, reviewed and, if acceptable, signed by the city's project engineer and project
planner prior to submittal of the building plans, improvement plans, grading plans, or
final map, whichever occurs first.
Fees/Agreements
26. Developer shall cause property owner to execute and submit to the city engineer for
recordation, the city’s standard form Geologic Failure Hold Harmless Agreement.
27. Developer shall cause property owner to execute and submit to the city engineer for
recordation the city’s standard form Drainage Hold Harmless Agreement.
28. Developer shall cause property owner to submit an executed copy to the city engineer for
recordation a city standard Permanent Stormwater Quality Best Management Practice
Maintenance Agreement.
29. Developer shall cause property owner to apply for, execute, and submit, to the city
engineer for recordation, an Encroachment Agreement covering private surface
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improvements located over existing or proposed public right-of-way or easements as
shown on the site plan. Developer shall pay processing fees per the city’s latest fee
schedule.
Grading
30. Based upon a review of the proposed grading and the realignment of the existing 12-in.
and 15-inch private storm drain shown on the site plan, a grading permit for this project is
required. Developer shall prepare and submit a revision to approved grading plan DWG
392-6B, including technical studies/reports for city engineer review, post security and pay
all applicable grading plan review and permit fees per the city’s latest fee schedule.
31. Developer shall comply with the city's Stormwater Regulations, latest version, and shall
implement best management practices at all times. Best management practices include
but are not limited to pollution control 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
notify prospective owners and tenants of the above requirements.
32. 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.
33. This project is subject to ‘Priority Development Project’ requirements. Developer shall
prepare and process a Storm Water Management Plan (SWMP), subject to city engineer
approval, to demonstrate how this project meets new/current storm water treatment
requirements per the city’s Standard Urban Storm Water Management Plan (SUSMP),
latest version. In addition to new treatment control BMP selection criteria in the SUSMP,
the developer shall use low impact development (site design) approaches to ensure that
runoff from impervious areas (roofs, pavement, etc.) are drained through landscaped
(pervious) areas prior to discharge. Developer shall pay all applicable SWMP plan
review and inspection fees per the city’s latest fee schedule.
34. 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
(LID) facilities.
35. Developer shall submit documentation, subject to city engineer approval, demonstrating
how this project complies with Hydromodification requirements per the city’s SUSMP,
latest version. Documentation shall be included within the Storm Water Management
Plan (SWMP).
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Dedications/Improvements
36. Developer shall cause owner to dedicate to the city and/or other appropriate entities for
waterline purposes as shown on the site plan. The offer shall be made by a separate
recorded document. All land so offered shall be free and clear of all liens and
encumbrances and without cost to the city. Streets that are already public are not required
to be rededicated. Additional easements may be required at final design to the satisfaction
of the city engineer.
37. 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
and larger) shall be inspected by the city. Developer shall pay the standard improvement
plan check and inspection fees for private drainage systems.
38. Developer shall prepare and process public improvement plans and, prior to city engineer
approval of said plans, shall execute a city standard Development Improvement
Agreement to install and shall post security in accordance with C.M.C. Section 20.16.070
for public improvements shown on the site plan. Said improvements shall be installed to
city standards to the satisfaction of the city engineer. These improvements include, but
are not limited to waterline extension and appurtenances.
Developer shall pay the standard improvement plan check and inspection fees.
Improvements listed above shall be constructed within 36 months of approval of the
subdivision or development improvement agreement or such other time as provided in
said agreement.
Utilities:
39. 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.
40. Developer shall design and construct public facilities within public right-of-way or within
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
maintenance, access and/or joint utility purposes.
41. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges
for connection to public facilities.
42. 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
Department for processing and approval by the district engineer.
43. Developer shall install potable water and/or recycled water services and meters at
locations approved by the district engineer. The locations of said services shall be
reflected on public improvement plans.
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44. 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.
45. The developer shall design and construct public water, sewer, and recycled water
facilities substantially as shown on the site plan to the satisfaction of the district engineer
and city engineer.
Fire:
46. Automatic fire sprinklers and a fire alarm system are required.
Code Reminders:
47. Developer shall pay a landscape plan check and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
48. 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.
49. The project shall comply with the latest nonresidential disabled access requirements
pursuant to Title 24 of the California Building Code.
50. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
51. Developer shall pay traffic impact fees on Section 18.42 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.
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