HomeMy WebLinkAbout2013-09-18; Planning Commission; Resolution 7013
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING SITE DEVELOPMENT PLAN SDP 12-
05 TO DEVELOP A 34,308 CHURCH WITH A CHILD DAY CARE CENTER ON
PROPERTY GENERALLY LOCATED WITHIN PLANNING AREA “T” OF THE
RANCHO CARRILLO MASTER PLAN ON THE NORTHEAST CORNER OF
RANCHO PANCHO AND EL FUERTE STREET IN LOCAL FACILITIES
MANAGEMENT ZONE 18
CASE NAME: FAITH COMMUNITY CHURCH
CASE NO.: SDP 12-05
WHEREAS, Faith Community Church By-the-Sea, a California non-profit corporation,
“Developer/Owner,” has filed a verified application with the City of Carlsbad described as
Lot 103, Of Carlsbad Tract No. 93-04 Rancho Carrillo Village “Q”, in the
City of Carlsbad, County of San Diego, State of California, according to
map thereof No. 13551 filed in the Office of the County Recorder of
San Diego County, March 31, 1998
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Site Development Plan as
shown on Exhibits “A” – “K” dated September 18, 2013, on file in the Planning Division, FAITH
COMMUNITY CHURCH – SDP 12-05 as provided by Chapter 21.06 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on September 18, 2013, 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 Site Development Plan.
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 Planning Commission
APPROVES FAITH COMMUNITY CHURCH – SDP 12-05 based on the following findings
and subject to the following conditions:
. . .
PLANNING COMMISSION RESOLUTION NO. 7013
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Findings:
1. The Planning Commission finds that the project, as conditioned herein, is in conformance with
the Elements of the City’s General Plan and Rancho Carrillo Master Plan based on the facts set
forth in the staff report dated September 18, 2013 including, but not limited to the Land Use
Element and Land Use designation for Rancho Carrillo Village “T” which is Community
Facilities and encourages churches and/or day care centers.
2. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities
Management Plan for Zone 18 and all City public facility 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.
3. That the requested use is properly related to the site, surroundings and environmental settings,
is consistent with the various elements and objectives of the General Plan, will not be
detrimental to existing uses or to uses specifically permitted in the area in which the proposed
use is to be located, and will not adversely impact the site, surroundings or traffic circulation, in
that the proposed development of a 34,308 square foot building for a church and child day
care center meets the minimum development standards of the Rancho Carrillo Master Plan
(MP 139), the Community Facilities (CF) zone, and the Child Care Ordinance and the project is
compatible with surrounding open space and RV parking lot uses. The project is also
compatible with the nearest residential use since it is a minimum of 700 feet away. The site is
General Plan Land Use designated and Master Plan zoned for Community Facility uses and the
proposed uses provide worship and child care services to the residents of the community
consistent with the General Plan as discussed in the staff report.
4. That the site for the intended use is adequate in size and shape to accommodate the use, in
that the proposed building, parking, and landscaping can fit within the boundaries of the
developable portion of the property with no need for a variance to standards and that the
assembly capacity proposed onsite will be modified as needed to fit within the onsite parking
capacity as delineated in a parking survey conducted before the issuance of building permits
for phase 3.
5. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the
requested use to existing or permitted future uses in the neighborhood will be provided and
maintained, in that the project complies with all applicable development standards and is
surrounded by open space and RV parking. No special conditions will be necessary to adjust
the requested uses for compatibility with the adjacent existing open space and RV parking
uses.
6. That the street systems serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the proposed uses will generate 509 average daily trips
during the weekday and 1,235 average daily trips on Sundays which can be supported by
Poinsettia Lane, El Fuerte Street and Rancho Pancho. The project is accessed via El Fuerte
Street, a secondary arterial roadway and Rancho Pancho, a local street.
. . .
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7. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities
Management Plan for Zone 18 and all City public facility 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.
8. That the project is consistent with the City’s Landscape Manual (Carlsbad Municipal Code
Section 14.28.020 and Landscape Manual Section I B).
9. The Planning Director has determined that:
a. the project is a subsequent activity of a project for which a program EIR was prepared
(Rancho Carrillo Master Plan – MP 139 and its amendments), and a notice for the
activity has been given, which includes statements that this activity is within the scope
of the program approved earlier, and that the program EIR adequately describes the
activity for the purposes of CEQA) [15168(c)(2) and (e)] and
b. this project is consistent with the Rancho Carrillo Master Plan cited above;
c. EIR 91-04, Rancho Carrillo, was certified in connection with the prior project or plan;
d. the project has no new significant environmental effect not analyzed as significant in
the prior EIR;
e. none of the circumstances requiring a Subsequent EIR or a Supplemental EIR under
CEQA Guidelines Sections 15162 or 15163 exist.
10. 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 whichever occurs 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 Site
Development Plan.
. . .
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2. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Site Development Plan 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 conditions 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 Site Development Plan, (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, 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 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).
8. Prior to the issuance of a building permit, the Developer shall provide proof to the Building
Division from the San Marcos 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 18 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 phase 1 of this
project within 24 months from the date of project approval. Phase 2 approvals shall become
null and void if building permits are not issued for phase 2 of this project within 60 months
from the date of phase 1 certificate of occupancy. Phase 3 approvals shall become null and
void if building permits are not issued for phase 3 of this project within 60 months from the
date of phase 2 certificate of occupancy.
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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. 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 18, 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.
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 City Planner,
notifying all interested parties and successors in interest that the City of Carlsbad has issued a
Site Development Plan by Resolution No. 7013 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.
14. 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.
15. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape
plancheck process on file in the Planning Division and accompanied by the project’s building,
improvement, and grading plans.
16. 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 Directors of
Community Development and Planning.
17. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot-high
masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal Code
Chapter 21.105. Location of said receptacles shall be approved by the City Planner. Enclosure
shall be of similar colors and/or materials to the project to the satisfaction of the City Planner.
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.
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18. Full parking lot improvements with 104 parking stalls as shown on the Phase 3 site plan
exhibit shall be provided concurrent with Phase 1 building construction.
19. The developer shall obtain and maintain in good standing all licenses, permits and/or
approvals required by state law and San Diego County to operate a child day care center, and
shall file proof of same with the City Planner prior to the issuance of the Certificate of
Occupancy for the child day care center, and, thereafter, filing proof of any extensions or
modifications to those permits.
20. The child day care center shall only be operated Monday through Friday from 7:00 a.m. to
6:00 p.m.
21. The Planning Division shall contract for a parking study, and said parking study shall be
funded by the owner/operator of the church facility, to determine the actual parking demand
for a six month period prior to the request for a building permit for phase three. The parking
study shall evaluate peak weekend parking demand at the church, on a minimum of six
different weekends over a six month period of church operations. If the on-site parking
capacity of 104 spaces is inadequate to accommodate peak weekend demand for phases one
and two, resulting in church parking along the adjacent streets, or if the study illustrates that
the Faith Community Church on-site parking demand exceeds the minimum requirement of
one space per five seats in the sanctuary per the Carlsbad Municipal Code Chapter 21.41, then
phase three of the project shall not be allowed to pull building permits until additional
parking capacity is provided to address demand or the project sanctuary capacity is reduced
to a size for which adequate parking can be provided as approved by the Planning
Commission.
22. Prior to the issuance of a building permit the applicant shall revise the building design to
achieve a visibly traditional interpretation of one of the eight architectural styles described in
the Rancho Carrillo Master Plan resulting in a positive landmark building to the satisfaction of
the City Planner.
23. Developer shall submit and obtain City Planner approval of an exterior lighting plan
including parking areas. All lighting shall be designed to reflect downward and avoid any
impacts on adjacent homes or property.
Engineering
24. 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.
25. 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.
26. Developer shall submit to the city planner, a reproducible 24" x 36", mylar copy of the Site Plan
and conceptual grading plan reflecting the conditions approved by the final decision making
body. The reproducible site plan 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.
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27. Developer shall install sight distance corridors at all street intersections and driveways in
accordance with City Engineering Standards. The property owner shall maintain this condition.
Fees/Agreements
28. 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.
29. Developer shall cause property owner to execute and submit to the city engineer for
recordation the city’s standard form Drainage Hold Harmless Agreement.
30. 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.
Grading
31. 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 plans and
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.
32. 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.
33. Prior to the issuance of a grading permit, developer shall submit to the city engineer receipt of
a Notice of Intent from the State Water Resources Control Board.
34. Prior to the issuance of grading permit or building permit, whichever occurs first, developer
shall submit for city approval a Tier 3 Storm Water Pollution Prevention Plan (TIER 3 SWPPP).
The TIER 3 SWPPP shall comply with current requirements and provisions established by the
San Diego Regional Water Quality Control Board and City of Carlsbad Requirements. The TIER 3
SWPPP shall identify and incorporate measures to reduce storm water pollutant runoff during
construction of the project to the maximum extent practicable. Developer shall pay all
applicable SWPPP plan review and inspection fees per the city’s latest fee schedule.
35. 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.
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36. Hydromodification (runoff reduction) requirements impact how this project treats and/or
retains storm runoff. During final design, developer shall demonstrate compliance with storm
water requirements to the satisfaction of the city engineer.
37. 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, hydromodification measures, and Low Impact Design (LID) facilities.
38. 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).
Dedications/Improvements
39. 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.
40. Prior to the issuance of a building permit developer, by separate document, shall cause owner
to waive direct access rights El Fuerte Street.
41. Developer shall cause owner to apply to the city for vacation of a portion of the access,
construction, maintenance and restoration of street improvement easement per Doc. # 2003-
0440352 as shown on the site plan. Area of vacation shall be to the satisfaction of the city
engineer.
Utilities
42. Developer shall meet with the fire marshal to determine fire protection measures (fire service
lines, fire flows, fire hydrant locations, building sprinklers) required to serve the project. Fire
hydrants, if required, shall be considered public improvements and shall be served by public
water mains to the satisfaction of the district engineer.
43. 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.
44. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for
connection to public facilities.
45. 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.
46. Developer shall install potable water and/or recycled water services and meters as needed at
locations approved by the district engineer. The locations of said services shall be reflected on
public improvement plans.
. . .
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47. Developer shall install sewer laterals and clean-outs as needed at locations approved by the city
engineer. The locations of sewer laterals shall be reflected on public improvement plans.
Code Reminders
The project is subject to all applicable provisions of local ordinances, including but not limited to the
following:
48. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by
Council Policy No. 17.
49. Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management
fee for Zone 18 as required by Carlsbad Municipal Code Section 21.90.050.
50. 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.
51. The project shall comply with the latest nonresidential disabled access requirements pursuant
to Title 24 of the California Building Code.
52. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 18.04.320.
53. Any signs proposed for this development shall at a minimum be designed in conformance with
the City’s Sign Ordinance and shall require review and approval of the City Planner prior to
installation of such signs.
54. 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.
NOTICE TO APPLICANT
An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad Village
Drive, Carlsbad, California, 92008, within ten (10) calendar days of the date of the Planning
Commission’s decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section 21.54.150, the
appeal must be in writing and state the reason(s) for the appeal. The City Council must make a
determination on the appeal prior to any judicial review.
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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 18, 2013, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Vice Chairperson Black, Commissioners Anderson, Schumacher, and
Segall
Commissioner Scully
Chairperson Siekmann and Commissioner L'Heureux
NEIL BLACK, Vice Chairperson
CARLSBAD PLANNING COMMISSION
21 ATIEST:
23 DON NEU
City Planner
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