HomeMy WebLinkAbout2014-06-04; Planning Commission; Resolution 7058PLANNING COMMISSION RESOLUTION NO. 7058
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
3 CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A SITE
DEVELOPMENT PLAN AMENDMENT, CONDITIONAL USE PERMIT
4 AMENDMENT AND A COASTAL DEVELOPMENT PERMIT AMENDMENTTO
ALLOW FOR AN EXPANSION TO THE EXISTING DAYBREAK COMMUNITY
CHURCH CAMPUS, INCLUDING THE ADDITION OF A 17,391 SQUARE
FOOT 30-FOOT-TALL SANCTUARY AND THE CONSTRUCTION OF AN
ADDITIONAL PARKING LOT ON A 11.3-ACRE SITE, COMPRISING TWO
PROPERTIES, WHICH ARE BOUNDED BY POINSETTIA LANE TO THE NORTH,
AMBROSIA LANE TO EAST AND FISHERMAN DRIVE TO THE WEST, WITHIN
THE MELLO I AND MELLO II SEGMENTS OF THE LOCAL COASTAL
PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONES 19 AND 20.
CASE NAME: DAYBREAK COMMUNITY CHURCH
CASE NO.: SDP 00-06(0. CUP 00-06(0. CDP 00-09(0
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Eastern Parcel. APN 215-841-07
13 Lot 8 of City of Carlsbad Tract No. 92-3, in the City of Carlsbaci, County
of San Diego, State of California, according to Map thereof No. 13434,
14 filed in the Office of the County Recorder of San Diego County, June 23,
1997
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WHEREAS, Daybreak Community Church of Coastal North County, "Owner/Developer,"
has filed a verified application with the City ofCarlsbad regarding property described as
Western Parcel
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
19 ("the Property"); and
20 WHEREAS, said verified application constitutes a request for a Site Development Plan
21 Amendment, Conditional Use Permit Amendment, and a Coastal Development Permit Amendment as
22 shown on Exhibits "A - S" dated June 4, 2014, on file in the Planning Division, DAYBREAK COMMUNITY
23 CHURCH - SDP 00-06(C), CUP 00-06(C), CDP 00-09(C), as provided by Chapters 21.06, 21.42, and 21.201
24 of the Carlsbad Municipal Code; 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
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
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the Site Development Plan Amendment, Conditional Use Permit Amendment, and Coastal Development
Permit Amendment; and
WHEREAS, on November 15, 2000, the Planning Commission approved, SDP 00-06, CUP
00-06, and CDP 00-09, as described and conditioned in Planning Commission Resolutions No. 4868,4869,
and 4870, respectively; and
WHEREAS, on October 7, 2009, the Planning Commission approved, SDP 00-06(A), CUP
00-06(A), and CDP 00-09(A), as described and conditioned in Planning Commission Resolutions No. 6639,
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g 6640, and 6641, respectively; and
IQ WHEREAS, on June 6, 2012, the Planning Commission approved, SDP 00-06(B) CUP 00-
11 06(B), and CDP 00-09(B), as described and conditioned in Planning Commission Resolutions No. 6639,
12 6640, and 6641, respectively.
13 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of
14 Carlsbad as follows:
1^ A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the hearing, the Commission RECOMMENDS
APPROVAL of the Site Development Plan Amendment, Conditional Use Permit
Amendment, and Coastal Development Permit Amendment, SDP 00-06(C), CUP 00-06(C),
CDP 00-09(C), for DAYBREAK COMMUNITY CHURCH based on the following findings and
subject to the following conditions:
Findings:
Site Development Plan Amendment, SDP 00-06(C)
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1. That the requested use is properly related to the site, surroundings and environmental settirigs,
22 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
23 located, and will not adversely impact the site, surroundings or traffic circulation, in that the
proposed project falls within the boundaries of the Aviara Master Plan (eastern parcel, APN
24 215-841-07) and the Zone 20 Specific Plan (western parcel, APN 215-080-04), both of which
were found to be consistent with the General Plan and which recognize the need for community
2^ facility uses such as churches in residential areas. The proposal to add a 17,391 square foot, 30-
foot-tall sanctuary (with an allowable architectural projection up to 38 feet tall) and expand the
parking lot at the Daybreak Community Church campus will not be detrimental to existing uses
in that it contributes towards the enhancement of the religious worship facilities and
educational activities offered on the campus. In addition, the expanded parking lot and new
2g driveway off of Fisherman Drive will improve circulation on-site and, therefore, will not
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adversely affect traffic circulation. In addition, the proposal to create a 3.86-acre Open Space
2 lot, which will be encumbered with a biological conservation easement, allows for the long-
term preservation and maintenance of the sensitive upland habitat. The sanctuary and
3 expanded parking lot are appropriately integrated with the site surroundings, as well as the
environmental setting in that the project design complies with the standards and architectural
4 guidelines of the Aviara Master Plan, Zone 20 Specific Plan and compliments the existing
Spanish Mediterranean architecture for the Daybreak Community Church campus.
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2. That the site for the intended use is adequate in size and shape to accommodate the use, in that
^ the subject 11.3-acre site is adequate in size and shape to accommodate the proposed sanctuary
and expanded parking lot, and, with exception to the side yard setback for the western parcel
(4' provided instead of the minimum 10') and the storage screen wall height (6'8" proposed
instead of the maximum 6'), the proposed uses comply with required development and design
standards of the Aviara Master Plan, Zone 20 Specific Plan and the R-l Zone. In order to
g minimize grading, the proposed sanctuary has a stepped-pad which complements the existing
topographical difference between the eastern and western lots. Further, the proposed height
2Q of 30 feet (with an allowable architectural projection up to 38 feet tall) is consistent with the
30-foot height limitation established for Planning Area 32b of the Aviara Master Plan (eastern
11 parcel) and the R-l zone (western parcel).
12 3. 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
13 maintained, in that, with exception to the side yard setback for the western parcel (4' provided
instead of the minimum 10') and the storage screen wall height (6'8" proposed instead of the
14 maximum 6'), the proposed sanctuary and expanded parking lot comply with the required
development and design standards of the Aviara Master Plan, Zone 20 Specific Plan and the R-
15 1 Zone. The proposed sanctuary function is an allowable conditional use pursuant to Area 32b
of Aviara Master Plan and the Zone 20 Specific Plan. In addition, the proposed additional access
1^ driveway off of Fisherman Drive will improve circulation within the Daybreak Church campus.
Finally, a 20-foot-wide habitat buffer, as required pursuant to the Habitat Management Plan is
provided between the 3.86-acre Open Space lot and the edge of the development envelope.
18 4. That the street systems serving the proposed use are adequate to properly handle all traffic
generated by the proposed use, in that primary access to the site will continue to be provided
1^ by a private driveway located off of Ambrosia Lane, as well as a new driveway proposed off of
Fisherman Drive. Pursuant to the Mitigated Negative Declaration prepared for the proposed
20 project, the traffic impacts associated with the new development, 249 weekday PM Average
Daily Trips (ADTs) and 1,717 Sunday AM ADTs, will not adversely impact the levels of service of
the surrounding roadways and key intersections, which will remain operating at an acceptable
level of service. In addition, to facilitate ingress and egress for the driveway proposed off of
Fisherman Drive, a channelizing island is proposed in the middle of the driveway to require
22 drivers to turn right. The addition of this island will preclude drivers from turning left onto
Fisherman Drive, as well as going straight through to the Redeemer by the Sea church property
to the west.
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Conditional Use Permit Amendment, CUP 00-06(C)
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5. That the requested use is necessary or desirable for the development of the community, and is in
26 harmony with the various elements and objectives ofthe general plan, including, if applicable, the
certified local coastal program, specific plan or master plan, in that the existing Daybreak
2^ 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, Zone 20
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Specific Plan, and the Mello I and II Segments of the Local Coastal Program recognize the need
2 for this type of use and the proposed use is consistent with the these documents regarding the
location of uses for religious public assembly in residential neighborhoods. In addition, the
3 proposed expansion to the church campus, including the new parking lot, is a benefit and
service to the members of the parish and is open to the community. Finally, the proposal to
4 permanently preserve 3.86 acres of sensitive upland habitat in a separate Open Space lot meets
a number of goals and policies in the General Plan with respect to preservation of open space
^ and is also consistent with the Habitat Management Plan.
^ 6. 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 17,391 square foot, 1,010-
seat sanctuary and expanded parking lot are conditionally permitted uses in the R-l zone and
are designed to be 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
g adequate traffic circulation, which includes the addition of a new driveway, with access off of
Fisherman Drive. The site is separated from the surrounding multi-family and single-family
IQ residential uses by public streets, Circulation Element roadways, open space, variable
topography, and project landscaping. In addition, to minimize impacts to the adjacent
11 residential community to the west, a screen wall is provided around the outdoor storage area
and the western edge of the expanded parking lot and a mitigation measure is proposed to
12 require that all of the parking lot lighting be shielded downward and on a timer such that the
lights will be turned off by 9:30 p.m.
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That the site for the proposed conditional use is adequate in size and shape to accommodate the
14 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
15 commission or city council, in order to integrate the use with other uses in the neighborhood, in
that the subject 11.3-acre site is adequate in size and shape to accommodate the proposed
1^ sanctuary and expanded parking lot, and, with exception to the side yard setback for the
western parcel (4' provided instead of the minimum 10') and the outdoor storage area screen
wall height (6'8" proposed instead ofthe maximum 6'), the proposed uses comply with required
development and design standards of the Aviara Master Plan, Zone 20 Specific Plan and the R-
1 Zone. The proposed landscaping will help soften the wall as well as the parking lot as viewed
19 from the west. In order to minimize grading, the proposed sanctuary has a stepped-pad design
which complements the existing topographical difference between the eastern and western
20 lots. Further, the proposed height of 30 feet for the sanctuary (with an allowable architectural
projection up to 38 feet tall) is consistent with the 30-foot height limitation established for
21 Planning Area 32b ofthe Aviara Master Plan (eastern parcel) and the R-l zone (western parcel).
Finally, a 20-foot-wide habitat buffer, as required pursuant to the Habitat Management Plan is
22 provided between the 3.86-acre Open Space lot and the edge of the development envelope.
23 8. 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
24 by a private driveway located off of Ambrosia Lane, as well as a new driveway proposed off of
Fisherman Drive. Pursuant to the Mitigated Negative Declaration prepared for the proposed
25 project, the traffic impacts associated with the new development, 249 weekday PM Average
Daily Trips (ADTs) and 1,717 Sunday AM ADTs, will not adversely impact the levels of service of
the surrounding roadways and key intersections, which will remain operating at an acceptable
level of service. In addition, to facilitate ingress and egress for the driveway proposed off of
Fisherman Drive, a channelizing island is proposed in the middle of the driveway to require
2g drivers to turn right. The addition of this island will preclude drivers from turning left onto
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Fisherman Drive, as well as going straight through to the Redeemer by the Sea church property
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3 Coastal Development Permit Amendment, CUP 00-09(C)
4 9. That the proposed development is in conformance with the Mello I (eastern parcel, APN 215-
841-07) and Mello II (western parcel, APN 215-080-04) Segments of the Certified Local Coastal
5 Program (LCP) and all applicable policies in that, the proposed sanctuary and expanded parking
lot at Daybreak Community Church is consistent with the LCP Land Use Plan, which designates
6 the eastern parcel as Residential Medium Density (RM) and Open Space (OS) and the western
parcel as Residential Low-Medium Density (RLM) and allows churches as conditionally-
permitted uses in residentially-designated areas. No development is proposed in the portion
of the lot which is currently designated as Open Space nor in the area which is proposed to be
designated as Open Space. The proposed 30-foot-tall sanctuary is compatible with the
surrounding predominantly two-story residential uses in the neighborhood. Furthermore, no
agricultural activities, sensitive resources, geological instability, flood hazard, or coastal access
IQ opportunities exist onsite, and the sanctuary does not obstruct views of the coastline as seen
from public lands or public right-of-way nor otherwise damage the visual beauty of the coastal
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12 In addition, pursuant to Map "X" of the LCP, the western parcel, APN 215-080-04, is designated
as "Non-Prime Agricultural Lands" and is, therefore, subject to the agricultural conversion
13 mitigation fee. The fee is intended to mitigate for the loss of land which was historically used
for the production of agriculture. Consequently, a mitigation measure has been included to
14 require an agricultural conversion mitigation fee for the conversion of 2.26 acres of agriculture
to urban uses, which will mitigate the loss of agricultural resources by preserving or enhancing
15 other important coastal resources. The 2.26 acres includes the development envelop on the
western parcel but excludes the area which is proposed to be permanently dedicated Open
16 Space.
17 10. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the
Coastal Act in that the project site is located approximately 1.3 miles from the Batiquitos Lagoon
1^ and Pacific Ocean. Therefore, the project will not interfere with the public's right to physical
access to the ocean and the site is not suited for water-oriented recreation activities.
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11. The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone
(Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the City's Master
Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard Urban Storm Water
Mitigation Plan (SUSMP), and Jurisdictional Urban Runoff Management Program (JURMP) to
22 avoid increased urban runoff, pollutants, and soil erosion. Furthermore, no steep slopes will be
affected and the project site is not located in an area prone to landslides, or susceptible to
23 accelerated erosion, floods or liquefaction. The 0.05 acres of sensitive upland habitat (Diegan
coastal sage scrub) will be mitigated on-site and a 3.86-acre Open Space parcel is proposed to
24 be created which will allow for the long-term management and preservation of the habitat.
25 12. The project complies with the requirements of the Coastal Agricultural Overlay Zone as the
project includes a mitigation measure which requires the payment of an agricultural conversion
26 mitigation fee of $10,000/acre to develop 2.26 acres of the western parcel (APN 215-080-04)
with urban uses.
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13. The project is not located between the sea and the first public road parallel to the sea and
2 therefore, is not subject to the provisions of the Coastal Shoreline Development Overlay Zone
(Chapter 21.204 ofthe Zoning Ordinance
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California Environmental Quality Act
14. The Planning Commission of the City of Carlsbad does hereby find:
a. it has reviewed, analyzed, and considered the Mitigated Negative Declaration, Mitigation
Monitoring and Reporting Program and Addendum for DAYBREAK 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 ofthe project; and
g b. the Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program and
Addendum, have been prepared in accordance with requirements of the California
10 Environmental Quality Act, the State Guidelines and the Environmental Protection Procedures
of the City of Carlsbad; and
c. it reflects the independentjudgment of the Planning Commission ofthe City of Carlsbad; and
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based on the EIA Part II, comments thereon and with the incorporation of the proposed
13 Mitigation Measures listed in the Mitigation Monitoring and Reporting Program and
Addendum, there is no substantial evidence the project will have a significant effect on the
14 environment.
15 General
16 15. The Planning Commission finds that the project, as conditioned herein, is in conformance with
the Elements ofthe City's General Plan based on the facts set forth in the staff report dated June
17 4, 2014, including but not limited to the following:
18 a. Land Use/Open Space - in that the General Plan recognizes the need for community facility
uses such as churches in residential neighborhoods. The architecture of the proposed
19 sanctuary complements the Spanish Mediterranean design of the existing buildings located
onsite as well as the surrounding Aviara Community. In addition, the proposal to
2(^ permanently preserve 3.86 acres of sensitive upland habitat in a separate Open Space lot
meets a number of goals and policies in the General Plan with respect to preservation of
open space and is also consistent with the Habitat Management Plan.
22 b. Agriculture - in that a mitigation measure has been incorporated into the Mitigated
Negative Declaration to require the payment of an agricultural conversion mitigation fee of
$10,000/acre to develop 2.26 acres ofthe western parcel (APN 215-080-04) with urban uses.
c. Circulation - The proposed expanded parking lot includes a new access driveway off of
Fisherman Drive which is consistent with Fire and Engineering Department circulation
requirements. To further facilitate egress for vehicles exiting the new parking lot, a
2g 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
27 straight through to the Redeemer by the Sea church to the west. All roadways (including
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curb, gutter, and sidewalk) needed to serve the development will be dedicated and
2 constructed prior to, or concurrent with, site development.
3 d. 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
4 adequately attenuate the interior noise level to 45 CNEL.
5 16. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities
Management Plan for Zones 19 and 20 and all City public policies and ordinances. The project
6 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;
7 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,
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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.
ll b. The Local Facilities Management fee for Zone 19 and 20 is required by Carlsbad Municipal
Code Section 21.90.050 and will be collected prior to issuance of building permit.
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17. That the project is consistent with the City's Landscape Manual and Water Efficient Landscape
13 Ordinance (Carlsbad Municipal Code Chapter 18.50).
14 18. 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
15 mitigate impacts caused by or reasonably related to the project, and the extent and the degree
ofthe exaction is in rough proportionality to the impact caused bythe project.
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Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance ofthe grading
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19 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
2*^ according to their terms, the City shall have the right to revoke or modify all approvals herein
granted; deny or further condition issuance of ali 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
23 by Developer or a successor in interest by the City's approval of this Site Development Plan
Amendment, Conditional Use Permit Amendment, and Coastal Development Permit
24 Amendment.
25 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Site Development Plan Amendment, Conditional Use Permit Amendment,
26 and Coastal Development Permit Amendment documents, as necessary to make them internally
consistent and in conformity with the final action on the project. Development shall occur
27 substantially as shown on the approved Exhibits. Any proposed development, different from this
approval, shall require an amendment to this approval.
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3. Developer shall comply with all applicable provisions of federal, state, and local laws and
2 regulations in effect at the time of building permit issuance.
3 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,
4 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
5 determines that the project without the condition complies with all requirements of law.
5. This approval is granted subject to the approval of the Mitigated Negative Declaration,
Mitigation Monitoring and Reporting Program and Addendum, GPA 13-01, ZC 12-04, LCPA 12-
04, and HMP 13-02, and is subject to all conditions contained in Planning Commission Resolutions
g No. 7055, 7056,7057 and 7059 for those other approvals incorporated herein by reference.
9 6. Developer shall implement, or cause the implementation of, the Mitigated Negative Declaration,
Mitigation Monitoring and Reporting Program and Addendum, GPA 13-01/ZC 12-04/LCPA 12-
10 04/SDP 00-06(C)/CUP 00-06(C)/CDP 00-09(C)/HMP 13-02.
11 7. 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
12 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,
13 from (a) City's approval and issuance of this Site Development Plan Amendment, Conditional Use
Permit Amendment, and Coastal Development Permit Amendment, (b) City's approval or
14 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
15 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
1^ obligation survives until all legal proceedings have been concluded and continues even if the City's
approval is not validated.
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9. Developer shall include, as part ofthe plans submitted for any permit plancheck, a reduced legible
20 version of all approving resolution(s) in a 24" x 36" blueline drawing format (including any
applicable Coastal Commission approvals).
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10. This project shall comply with all conditions and mitigation measures which are required as part
22 ofthe Zones 19 and 20 Local Facilities Management Plan and any amendments made to that Plan
prior to the issuance of building permits.
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11. This approval shall become null and void if building permits are not issued for this project within
24 24 months from the date of project approval.
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8. 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.
25 12. 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. A note to this effect shall be placed on the grading plans.
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13. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the
2 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
3 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zones
19 and 20, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building
4 permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan
and shall become void.
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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 as shown on the approved Final
Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash,
and debris.
g 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,
10 improvement, and grading plans.
11 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
12 as provided in Building Department Policy No. 80-6, to the satisfaction of the Director of the
Community and Economic Department.
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17. Prior to issuance of the Grading Permit, Developer shall submit to the City a Notice of Restriction
14 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 General Plan Amendment,
Zone Change, Local Coastal Program Amendment, Site Development Plan Amendment,
Conditional Use Permit Amendment, Coastal Development Permit Amendment, and Habitat
Management Plan Permit by Resolutions No. 7055,7056,7057,7058, and 7059 on the property.
Said Notice of Restriction shall note the property description, location of the file containing
lg 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
19 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.
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18. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot-high
21 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
22 shall be of similar colors and/or materials to the project to the satisfaction of the City Planner.
23 19. No outdoor storage of materials other than the area designated onsite and as approved as a part
of SDP 00-06(C)/CUP 00-06(C)/CDP 00-09(C) shall occur unless required by the Fire Chief. When
so required, the Developer shall submit and obtain approval ofthe Fire Chief and the City Planner
an Outdoor Storage Plan, and thereafter comply with the approved plan.
20. 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
2y adjacent homes or property.
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21. Compact parking spaces shall be located in large groups, and in locations clearly marked to the
2 satisfaction of the City Planner.
3 22. Developer shall construct, install, and stripe not less than 368 parking spaces, as shown on Exhibits
"A - S."
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23. Pursuant to Condition No. 13 of Planning Commission Resolution No. 6640 (CUP 00-06(A)), the
5 CUP does not have an expiration date. However, the Conditional Use Permit may be revoked
or modified 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.
24. Prior to the issuance of building permits for the new sanctuary, the Local Coastal Program
Amendment, LCPA 12-04, shall be approved by the California Coastal Commission.
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25. This Conditional Use Permit shall be reviewed by the City Planner annually to determine if all
10 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
11 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
12 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
13 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
14 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
15 Planning Commission hold a public hearing and after providing the permittee the opportunity to
be heard, the Planning Commission may revoke and terminate the Conditional Use Permit in
whole or in part, reaffirm the Conditional Use Permit, modify the conditions or impose new
conditions.
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^g Engineering:
19 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 parcel map, grading permit or building
20 permit, whichever comes first.
21 General
22 26. 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
23 haul route.
24 27. 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
25 adequate water and sewer facilities are available at the time of permit issuance and will continue
to be available until time of occupancy.
2y 28. Developer shall complete processing of a lot line adjustment between the two existing parcels,
APN 215-841-07 and APN 215-080-04, to create one parcel for the proposed development and
2g create a separate parcel for the designated opens space as shown on the site plan.
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29. Developer shall submit to the city planner, a reproducible 24" x 36", mylar copy of the Site Plan,
2 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
3 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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Fees/Agreements
30. Developer shall cause property owner to execute and submit to the city engineer for recordation,
6 the city's standard form Geologic Failure Hold Harmless Agreement.
31. Developer shall cause property owner to execute and submit to the city engineer for recordation
the city's standard form Drainage Hold Harmless Agreement.
32. 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
10 Maintenance Agreement.
Grading
33. Based upon a review ofthe 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
13 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.
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34. Developer shall comply with the city's Stormwater Regulations, latest version, and shall
15 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
15 construction, general housekeeping practices, pollution prevention and educational practices,
maintenance procedures, and other management practices or devices to prevent or reduce the
17 discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the
maximum extent practicable. Developer shall notify prospective owners and tenants ofthe above
18 requirements.
19 35. Developer shall submit to the city engineer receipt of a Notice of Intent from the State Water
Resources Control Board.
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36. Developer shall submit for city approval a Tier 3 Storm Water Pollution Prevention Plan (TIER 3
21 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
22 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
23 applicable SWPPP plan review and inspection fees per the city's latest fee schedule.
24 37. 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
25 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
26 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,
2^ pavement, etc.) are drained through landscaped (pervious) areas prior to discharge. Developer
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38. Developer is responsible to ensure that all final design plans (grading plans, improvement plans,
2 landscape plans, building plans, etc.) incorporate all source control, site design, treatment control
BMP, applicable hydromodification measures, and Low Impact Design (LID) facilities.
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39. Developer acknowledges the upcoming City of Carlsbad BMP Design Manual pursuantto provision
4 E.3.d of the new California Regional Water Quality Control Board (RWQCB) Order No. R9-2013-
001 adopted on June 27, 2013. During final design, developer shall demonstrate compliance with
5 latest storm water requirements to the satisfaction of the city engineer.
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Dedications/Improvements
7 40. Developer shall cause owner to dedicate to the city Fisherman Drive for public street & public
utility purposes as shown on the site plan. The offer shall be made by a separate recorded
8 document. All land so offered shall be free and clear of all liens and encumbrances and without
cost to the city. The portion of the street that is already public is not required to be rededicated.
9 Additional easements may be required at final design to the satisfaction of the city engineer.
10 41. Developer shall cause owner to dedicate to Carlsbad Municipal Water District for water
easement purposes as shown on the site plan. The offer shall be made by a separate recorded
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document. All land so offered shall be free and clear of all liens and encumbrances and without
cost to the city. Additional easements may be required at final design to the satisfaction of the
city engineer.
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42. Developer shall design the private drainage systems, as shown on the site plan to the satisfaction
14 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
15 fees for private drainage systems.
16 43. 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
17 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
18 the satisfaction ofthe city engineer. These improvements include, but are not limited to:
19 A. Construct street improvements along Fisherman Drive including but not limited to curb
and gutter, sidewalk, paving, base, signing and striping, curb ramps and street light as
20 shown on the site plan.
21 B. Install 8" potable water line and appurtenances as shown on the site plan
22 Developer shall pay the standard improvement plan check and inspection fees. Improvements
listed above shall be constructed within 36 months of approval ofthe development improvement
agreement or such other time as provided in said agreement.
Utilities:
44. Developer shall meet with the fire marshal to determine if fire protection measures (fire flows,
25 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
26 the satisfaction of the district engineer.
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45. Developer shall design 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. The locations of said easement shall be reflected on public improvement plans as
required by condition 19 above.
46. 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 City Planner.
47. Developer shall design and install or post security for 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 the public improvement plans.
48. The developer shall design and install or post security for sewer laterals and clean-outs at
locations approved by the city engineer. The locations of sewer laterals shall be reflected on the
public improvement plans.
49. The developer shall design public water, sewer, and recycled water facilities substantially as
shown on the site plan to the satisfaction ofthe district engineer and city engineer.
50. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for
connection to public facilities.
Code Reminders:
51. Prior to the issuance of a building permit. Developer shall pay a Public Facility fee as required by
Council Policy No. 17.
52. Prior to the issuance of a building permit. Developer shall pay the Local Facilities Management
fee for Zones 19 and 20 as required by Carlsbad Municipal Code Section 21.90.050.
53. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of
the Carlsbad Municipal Code.
54. 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.
55. The project shall comply with the latest nonresidential disabled access requirements pursuant to
Title 24 of the California Building Code.
56. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 18.04.320.
57. 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.
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58. Prior to the issuance of a building permit. Developer shall pay traffic impact fees based on Section
18.42 ofthe City ofCarlsbad 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.
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. Ifyou 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.
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PASSED, APPROVED, AND ADOPTED at a regular meeting ofthe planning Commission of
the City of Carlsbad, California, held on June 4, 2014, by the following vote, to wit:
AYES: Chairperson Black, Commissioners Anderson, Segall and Siekmann
NOES: Commissioner Scully
ABSENT: Commissioner L'Heureux
ABSTAIN:
g NEIL BLACK, Chairperson
CARLSBAD PLANNING COMMISSION
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13 DON NEU
City Planner
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