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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 5 6 7 8 9 10 11 12 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 15 16 17 25 26 27 28 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 16 17 26 27 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, 1 2 3 4 5 6 7 8 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) 19 20 21 ., 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 PC RESO NO. 7058 -2- 7 8 1 „ 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. 5 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. 21 22 Conditional Use Permit Amendment, CUP 00-06(C) 24 25 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 PC RESO NO. 7058 -3- 7 8 1 .. 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. 13 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 PC RESO NO. 7058 -4- 17 18 26 27 7 8 9 1 „ Fisherman Drive, as well as going straight through to the Redeemer by the Sea church property 2 to the west. 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 11 zone. 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. 19 20 21 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. 27 " 28 PC RESO NO. 7058 1 „ 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 3 " 4 5 6 7 8 21 23 24 25 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 11 12 „ 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 28 PC RESO NO. 7058 -6- 1 „ 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, 9 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. 12 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. 16 " 17 21 22 Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance ofthe grading 18 permit. 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. 28 PC RESO NO. 7058 -7- 1 „ 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. 18 19 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). 21 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. 23 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. 26 27 28 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. PC RESO NO. 7058 -8- 1 „ 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. 5 6 7 8 16 17 24 25 26 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. 13 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. 20 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. 28 PC RESO NO. 7058 -9- 1.. 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." 4 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. 6 7 8 9 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. 17 ^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. PC RESO NO. 7058 -10- 1 „ 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. 4 5 7 8 9 11 12 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. 14 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. 20 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 shall pay all applicable SWMP plan review and inspection fees per the city's latest fee schedule. 28 PC RESO NO. 7058 -11- 1,. 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. 3 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. 6 23 24 27 28 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 1 1 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. 13 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. PC RESO NO. 7058 -12- 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 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. 28 PC RESO NO. 7058 -13- 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 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. PC RESO NO. 7058 -14- 1 2 3 4 5 6 7 8 12 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 10 11 ATTEST: 13 DON NEU City Planner 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 7058 -15-