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HomeMy WebLinkAbout2013-09-18; Planning Commission; Resolution 7013 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 PC RESO NO. 7013 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. . . . PC RESO NO. 7013 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. . . . PC RESO NO. 7013 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. PC RESO NO. 7013 -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. PC RESO NO. 7013 -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. PC RESO NO. 7013 -7- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. PC RESO NO. 7013 -8- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. . . . PC RESO NO. 7013 -9- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. . . . . . . . . . . . . . . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 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 24 25 26 27 28 PC RESO NO. 7013 -10-