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HomeMy WebLinkAbout2014-06-04; Planning Commission; Resolution 70561 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 PLANNING COMMISSION RESOLUTION NO. 7056 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF: 1) AN AMENDMENT TO THE LAND USE ELEMENT AND THE OPEN SPACE AND CONSERVATION ELEMENT OF THE GENERAL PLAN TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION FROM RESIDENTIAL LOW- MEDIUM DENSITY (RLM) TO RLM AND OPEN SPACE (OS) AND 2) A ZONE CHANGE FROM LIMITED CONTROL (L-C) TO ONE-FAMILY RESIDENTIAL (R-l) AND OPEN SPACE (OS) ON A 4.53-ACRE SITE LOCATED ON THE SOUTHEAST CORNER OF FISHERMAN DRIVE AND POINSETTIA LANE, WITHIN THE MELLO 11 SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 20. CASE NAME: DAYBREAK COMMUNITY CHURCH CASE NO.: GPA 13-01/ZC 12-04 WHEREAS, Daybreak Community Church of Coastal North County, "Owner/Developer," has filed a verified application with the City of Carisbad regarding property described as Western Parcel. APN 215-080-04 East Yl of the northeast quarter of the southwest quarter of the southeast quarter of Section 22, Township 12 South, Range 4 West San Bernadino Base and Meridian, in the City of Carlsbad, County of San Diego, State of California, as shown on Record of Survey 17470 ("the Property"); and WHEREAS, said verified application constitutes a request for a General Plan Amendment and Zone Change as shown on Exhibits "GPA 13-01" and "ZC 12-04" dated June 4, 2014, attached hereto and on file in the Carlsbad Planning Division, DAYBREAK COMMUNITY CHURCH- GPA 13-01/ZC 12-04, as provided in Government Code Section 65350 et. seq. and Section 21.52.150 ofthe Carisbad Municipal Code and as provided by Chapter 21.52 of the Carisbad Municipal Code, respectively; and WHEREAS, the proposed Zone Change is set forth in the draft City Council Ordinance, EXHIBIT "X" dated June 4, 2014, and attached hereto DAYBREAK COMMUNITY CHURCH- ZC 12-04; and WHEREAS, the Planning Commission did on June 4, 2014, hold a duly noticed public hearing as prescribed by law to consider said request; and 28 16 17 26 27 28 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 General Plan Amendment and Zone Change. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carisbad, as follows: A) That the foregoing recitations are true and correct. C) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of DAYBREAK COMMUNITY CHURCH- GPA 13-01/ZC 12-04, g based on the following findings, and subject to the following conditions: 20 Findings: 11 General Plan Amendment, GPA 13-01 12 1. The Planning Commission finds that the project is in conformance with the Elements of the City's General Plan based on the facts set forth in the staff report dated June 4, 2014 including, 13 but not limited to the following: 14 a. Land Use/Open Space - in that the proposed change in the General Plan Land Use designation for the western parcel (APN 215-080-07) from Residential Low-Medium 15 Density (RLM) to RLM and Open Space (OS) is based on the environmental constraints of the property. Specifically, the Habitat Management Plan requires high-priority resources such as the existing sensitive upland habitat located on the southern 1.66 acres of the western lot to be placed within a conservation easement and will allow for the long-term preservation of the sensitive upland habitat. The existing RLM designation, which will 2g remain on the northern 2.87 acres of the western parcel, allows for conditional uses such as the proposed sanctuary and expanded parking lot. 19 b. Circulation - The proposed expanded parking lot includes a new access driveway off of 20 Fisherman Drive which is consistent with Fire and Engineering Department circulation requirements. To further facilitate egress for vehicles exiting the new parking lot, a 21 channelized island is proposed in the middle of the driveway which will require vehicles to turn right and will preclude drivers from turning left on Fisherman Drive as well as going 22 straight through to the Redeemer by the Sea church to the west. All roadways (including curb, gutter, and sidewalk) needed to serve the development will be dedicated and 23 constructed prior to, or concurrent with, site development. 24 c. Noise - To address the interior noise requirements, a noise study will be required prior to the issuance of building permits to demonstrate that the proposed building design will 25 adequately attenuate the interior noise level to 45 CNEL. Zone Change, ZC 12-04 2. That the proposed Zone Change from Limited Control (L-C) to One-Family Residential (R-l) and Open Space (OS) is consistent with the goals and policies of the various elements of the PC RESO NO. 7056 -2- 1 „ General Plan, in that R-l and OS zoning designations replace the L-C zoning designation, 2 which is intended to be an interim zone, and implement the proposed Residential Low- Medium Density (RLM) and Open Space (OS) General Plan Land Use designations, as well as 3 the Zone 20 Specific Plan (SP 203(D). The R-l designation allows for churches with a conditional use permit and the 0-S designation allows for the sensitive upland habitat to be 4 permanently preserved and managed through a conservation easement. 5 3. That the Zone Change will provide consistency between the General Plan and Zoning as mandated by California State law and the City of Carisbad General Plan Land Use Element, in ^ that the zone designations shown on Exhibit "ZC 12-04" attached hereto, implement the ^ General Plan Land Use designations of Residential Low-Medium Density (RLM) and Open Space (OS). 8 4. That the Zone Change is consistent with the public convenience, necessity, and general welfare, 9 and is consistent with sound planning principles in that residential and open space uses allowed by the proposed zone change are compatible with the adjacent and future residential, 10 community facility and open space uses. 11 California Environmental Quality Act 12 5. The Planning Commission of the City of Carisbad does hereby find: 13 a. it has reviewed, analyzed, and considered the Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program and Addendum for DAYBREAK 14 COMMUNITY CHURCH- GPA 13-01/ZC 12-04/LCPA 12-04/SDP 00-06(C)/CUP 00- 06(C)/CDP 00-09(C)/HMP 13-02, the environmental impacts therein identified for this project and any comments thereon prior to RECOMMENDING APPROVAL of the project; and 15 16 27 b. the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum has been prepared in accordance with requirements of the California 2g Environmental Quality Act, the State Guidelines and the Environmental Protection Procedures of the City of Carisbad; and 19 it reflects the independent judgment of the Planning Commission of the City of 20 Carisbad; and 21 d. based on the EIA and comments thereon, there is no substantial evidence the project will have a significant effect on the environment. 22 23 24 25 26 27 28 PC RESO NO. 7056 -3- General: 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. 1 Conditions: 2 1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented 3 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 4 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 5 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 General Plan Amendment and Zone Change. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the General Plan Amendment and Zone Change documents, as necessary to 9 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 20 development, different from this approval, shall require an amendment to this approval 11 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. 12 tf any condition for construction of any public improvements or facilities, or the payment of any 13 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 14 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. 15 Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carisbad, 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, 2g from (a) City's approval and issuance of this General Plan Amendment and Zone Change, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in 29 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 20 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 21 continues even if the City's approval is not validated. 22 6. This approval is granted subject to the approval of the Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program and Addendum, LCPA 12-04, SDP 00-06(C), CUP 23 00-06(C), CDP 00-09(C), and HMP 13-02, and is subject to all conditions contained in Planning Commission Resolutions No. 7055, 7057, 7058 and 7059 for those other approvals incorporated 24 herein by reference. 25 7. Developer shall implement, or cause the implementation of, the Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program and Addendum, GPA 13-01/ZC 12- 2^ 04/LCPA 12-04/SDP 00-06(C)/CUP 00-06(C)/CDP 00-09(C)/HMP 13-02. 27 28 PC RESO NO. 7056 -4- 1 2 3 4 5 6 7 8 10 — NEIL BLACK, Chairperson 11 CARLSBAD PLANNING COMMISSION 12 13 14 PASSED, APPROVED, AND ADOPTED at a regular meeting ofthe Planning Commission of the City of Carlsbad, held on June 4, 2014, by the following vote, to wit: AYES: Chairperson Black, Commissioners Anderson, Segall and Siekhiann NOES: Commissioner Scully ABSENT: Commissioner L'Heureux ABSTAIN: ATTEST: DON NEU 15 City Planner 16 17 18 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 7056 Exhibit "GPA 13-01" June 4, 2014 GPA 13-01 Daybreak Community Church 1. . .CXI^'DRTCR'" ~ -RMH .\- (• -• - j^-••/. OS POINSETTIA LN RLM OS \ HH RH RLM^ •• OS EXISTING OS POINSETTIA LN "'RMH I PROPOSED Related Case File No(s): ZC 12-04/LCPA 12-04/ SDP 00-06(C)/CUP 00-06(C)/CDP 00-09(C)/HMP 13-02 General Plan Land Use Designation Changes Property From; To; A. 215-080-04 RLM RLM/OS B. C. Exhibit "X" June 4, 2014 8 9 10 13 14 15 16 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING SECTION 21.05.030 OF THE CARLSBAD MUNICIPAL CODE BY AN AMENDMENT TO THE ZONING MAP TO GRANT A ZONE CHANGE FROM LIMITED CONTROL (L-C) TO ONE- 4 FAMILY RESIDENTIAL (R-l) AND OPEN SPACE (OS) ON A 4.53-ACRE PROPERTY LOCATED ON THE SOUTHEAST CORNER OF FISHERMAN DRIVE AND POINSETTIA LANE, WITHIN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 20. 7 CASE NAME: DAYBREAK COMMUNITY CHURCH CASE NO.: ZC 12-04 The City Council ofthe City of Carlsbad, California, does ordain as follows: WHEREAS, the City Council did on the day of , hold a duly 11 noticed public hearing as prescribed by law to consider said request; and WHEREAS, said application constitutes a request for a Zone Change as shown on Exhibit "ZC 12-04 - DAYBREAK COMMUNITY CHURCH," dated June 4, 2014, attached hereto and made a part hereof; and WHEREAS at said public hearing, upon hearing and considering all testimony and 27 arguments, if any, of all persons desiring to be heard, said City Council considered all factors 18 relating to the "ZC 12-04 - DAYBREAK COMMUNITY CHURCH." NOW, THEREFORE, the City Council of the City of Carisbad does ordain as 20 follows: 21 SECTION I: That section 21.05.030 of the Carlsbad Municipal Code, being the 22 22 zoning map, is amended as shown on the map marked "ZC 12-04 - DAYBREAK COMMUNITY 24 CHURCH," dated June 4, 2014, attached hereto and made a part hereof. 25 SECTION II: That the findings and conditions of the Planning Commission in 26 Planning Commission Resolution No. 7056 shall also constitute the findings and conditions of 27 the City Council. 28 " 1 EFFECTIVE DATE: This ordinance shall be effective no sooner than thirty days 17 18 19 20 after its adoption, but not until Local Coastal Program Amendment LCPA 12-04 is approved by the California Coastal Commission, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in a publication of general circulation in the 2 3 4 5 ^ City of Carlsbad within fifteen days after its adoption. (Notwithstanding the preceding, this 7 ordinance shall not be effective within the City's Coastal Zone until approved by the California 8 Coastal Commission.) INTRODUCED AND FIRST READ at a regular meeting ofthe CaHsbad City Council on the day of 2014, and thereafter. 9 10 11 12 13 14 /// /// /// 15 /// 16 /// /// /// /// 21 /// 22 /// 23 24 25 26 27 /// 28 /// /// /// -2- 1 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the day of 2014, by the following vote, to wit: 3 4 5 6 7 ABSTAIN: 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AYES: NOES: ABSENT: APPROVED AS TO FORM AND LEGALITY CELIA A. BREWER, City Attorney MATT HALL, Mayor ATTEST: BARBARA ENGLESON, City Clerk (SEAL) -3- Exhibit "ZC 12-04' June 4, 2014 ZC 12-04 Daybreak Community Church .^NDRI CR < EXISTING : DRI CR PROPOSED Related Case File No(s): GPA 13-01/LCPA 12-04/ SDP 00-06(C)/CUP 00-08(C)/CDP 00-09(C)/HMP 13-02 Zoning Designation Changes Property From; To; A. 215-080-04 L-C R-1/0S B. C.