HomeMy WebLinkAbout2016-10-05; Planning Commission; Resolution 72051
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PLANNING COMMISSION RESOLUTION NO. 7205
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO
ALLOW THE JEWISH COLLABORATIVE SAN DIEGO TO INSTALL A 3,868
SQUARE FOOT MOBILE BUILDING AND OPERATE A SANCTUARY ON
PROPERTY GENERALLY LOCATED AT 7805 CENTELLA STREET IN LOCAL
FACILITIES MANAGEMENT ZONE 6.
CASE NAME: JEWISH COLLABORATIVE SAN DIEGO
CASE NO.: CUP 16-05
WHEREAS, Jewish Collaborative San Diego, "Developer," has filed a verified application
with the City of Carlsbad regarding property owned by Christ Presbyterian Church, "Owner," described
as
Lot 180 of Map No. 8059 in the City of Carlsbad, County of San Diego,
filed on July 22, 1975 in the Office of the County Recorder of San Diego.
("the Property"); and
WHEREAS, said verified application constitutes a request for a Conditional Use Permit as
shown on Exhibits "A" -"F" dated October 5, 2016, on file in the Planning Division, JEWISH
COLLABORATIVE SAN DIEGO, as provided by Chapter 21.42 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on October 5, 2016, hold a duly noticed public
hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to
the CUP.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of
Carlsbad as follows:
A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission APPROVES
CUP 16-05-JEWISH COLLABORATIVE SAN DIEGO, based on the following findings and
subject to the following conditions:
Findings:
1. The Planning Commission finds that the project, as conditioned herein, is in conformance with the
Elements of the City's General Plan, based on the facts set forth in the staff report dated October
5, 2016 including, but not limited to the following:
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2.
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a. Goal 2-G.3: Promote infill development that makes efficient use of limited land supply, while
ensuring compatibility and integration with existing uses. Ensure that infill properties develop
with uses and development intensities supporting a cohesive development pattern. The
proposed mobile building and sanctuary is proposed on a vacant lot that is surrounded by
residential uses and adjacent to an existing church. The proposed building and use is
compatible with the surrounding development and uses in that the building meets all
development standards of the RO-M zone and no impacts related to noise and traffic are
anticipated. Additionally, the color scheme of the mobile building will match the existing
church on the adjacent property, integrating with the buildings in the neighborhood.
b. Goal 2-G.12: Ensure adequate provision of community-serving facilities such as child daycare
facilities, places of worship, educational institutions and schools. The proposed sanctuary
will provide an additional place of worship for the Jewish community in south Carlsbad.
c. Policy 3-P.S: Require developers to construct or pay their fair share toward improvements
for all travel modes consistent with the Mobility Element, the Growth Management Plan, and
specific impacts associated with their development. The applicant will be required to pay
traffic impact fees prior to issuance of building permits that will go towards future road
improvements.
d. Policy 5-P.1: Do not permit new noise-sensitive uses-including schools, hospitals, places of
worship, and homes-where noise levels are "normally unacceptable" or higher, if alternative
locations are available for the uses in the city. The proposed sanctuary is located within the
60-65 CNEL noise contour, which is classified as a normally acceptable level of allowable
noise exposure for places of worship.
That the requested use is necessary or desirable for the development of the community, and is in
harmony with the various elements and objectives of the general plan, including, if applicable, the
certified local coastal program, specific plan or master plan, in that places of worship are
encouraged by the General Plan Land Use Element and permitted by a Conditional Use Permit
in the RO-M zone for the convenience of residents. The proposed sanctuary creates diversity in
land uses within the city and provides for adequate on-site parking facilities through a joint use
parking agreement.
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 mobile building and
sanctuary is compatible with the existing surrounding church and residential uses within the
RO-M zone. The sanctuary can accommodate all required parking through a joint use parking
agreement with the adjacent property owner and provides for adequate traffic circulation.
There are no anticipated noise impacts that could be generated from the proposed sanctuary
to the surrounding residential uses. Additionally, there is an existing church located on the
adjacent property to the southeast with different operating hours than the Jewish Collaborative
San Diego.
4. That the site for the proposed conditional use is adequate in size and shape to accommodate the
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
commission or city council, in order to integrate the use with other uses in the neighborhood, in
that the proposed 3,868 square foot mobile building will be located on a .84 acre site and meets
all required development standards of the RO-M zone. Landscaping has been provided to help
soften the appearance of the mobile building and a color scheme has been chosen to match the
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adjacent Christ Presbyterian Church. The proposed sanctuary requires a total of 66 parking
spaces, and the parking will be satisfied through a joint use parking agreement with Christ
Presbyterian Church, who owns the adjacent parcel containing a parking lot with 137 parking
spaces. The parking agreement is supported based on the fact that the sanctuary will be used
for services on Friday evenings (6:00 P.M.), and the Christ Presbyterian Church does not have
any activities or services on Fridays after 6:00PM. The .84 acre lot is sufficient in size and shape
to accommodate the proposed mobile building and sanctuary as shown on Exhibit "B" with a
joint use parking agreement with the adjacent property owner to the southeast.
That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that access to the site is provided from Centella Street, a
local/neighborhood street, which is currently operating at an acceptable level of service. The
proposed sanctuary generates 38 ADT and has alternate operating hours than the Christ
Presbyterian Church, which is located on the adjacent property to the southeast.
That the City Planner has determined that the project belongs to a class of projects that the State
Secretary for Resources has found do not have a significant impact on the environment, and it is
therefore categorically exempt from the requirement for the preparation of environmental
documents pursuant to Section 15303{c) "New Construction of Small Structures" of the state
CEQA Guidelines. In making this determination, the City Planner has found that the exceptions
listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project.
The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed to
mitigate impacts caused by or reasonably related to the project, and the extent, and the degree
of the exaction is in rough proportionality to the impact caused by the project.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to building permit issuance.
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If any of the following conditions fail to occur, or if they are, by their terms, to be implemented
and maintained over time, if any of such conditions fail to be so implemented and maintained
according to their terms, the City shall have the right to revoke or modify all approvals herein
granted; deny or further condition issuance of all future building permits; deny, revoke, or further
condition all certificates of occupancy issued under the authority of approvals herein granted;
record a notice of violation on the property title; institute and prosecute litigation to compel their
compliance with said conditions or seek damages for their violation. No vested rights are gained
by Developer or a successor in interest by the City's approval of this Conditional Use Permit.
Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Conditional Use Permit documents, as necessary to make them internally
consistent and in conformity with the final action on the project. Development shall occur
substantially as shown on the approved Exhibits. Any proposed development, different from this
approval, shall require an amendment to this approval.
Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
4. If any 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,
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this approval shall be suspended as provided in Government Code Section 66020. If any such
condition is determined to be invalid, this approval shall be invalid unless the City Council
determines that the project without the condition complies with all requirements of law.
Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims and
costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly,
from (a) City's approval and issuance of this Conditional Use Permit, (b) City's approval or
issuance of any permit or action, whether discretionary or nondiscretionary, in connection with
the use contemplated herein, and (c) Developer/Operator's installation and operation of the
facility permitted hereby, including without limitation, any and all liabilities arising from the
emission by the facility of electromagnetic fields or other energy waves or emissions. This
obligation survives until all legal proceedings have been concluded and continues even if the City's
approval is not validated.
Prior to the issuance of a building permit, the Developer shall provide proof to the Building
Division from the Encinitas School District that this project has satisfied its obligation to provide
school facilities.
This project shall comply with all conditions and mitigation measures which are required as part
of the Zone 6 Local Facilities Management Plan and any amendments made to that Plan prior to
the issuance of building permits.
This approval shall become null and void if building permits are not issued for this project within
24 months from the date of project approval.
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.
Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the
License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD
#1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section
5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone
6, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If
the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall
become void.
Prior to the issuance of the building permit, Developer shall submit to the City a Notice of
Restriction executed by the owner of the real property to be developed. Said notice is to be filed
in the office of the County Recorder, subject to the satisfaction of the City Planner, notifying all
interested parties and successors in interest that the City of Carlsbad has issued a Conditional Use
Permit by Resolutions No. 7205 on the property. Said Notice of Restriction shall note the property
description, location of the file containing complete project details and all conditions of approval
as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The
City Planner has the authority to execute and record an amendment to the notice which modifies
or terminates said notice upon a showing of good cause by the Developer or successor in interest.
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CUP 16-05 shall be reviewed by the City Planner annually to determine if all 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 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 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 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 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 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.
This Conditional Use Permit is granted for a period of five (5) years from October 5, 2016 through
October 4, 2021. This permit may be revoked at any time after a public hearing, if it is found that
the use has a substantial detrimental effect on surrounding land uses and the public's health and
welfare, or the conditions imposed herein have not been met. This permit may be extended for
a reasonable period of time not to exceed five (5) years upon written application of the permittee
made no less than 90 days prior to the expiration date. The Planning Commission may not grant
such extension, unless it finds that there are no substantial negative effects on surrounding land
uses or the public's health and welfare. If a substantial negative effect on surrounding land uses
or the public's health and welfare is found, the extension shall be denied or granted with
conditions which will eliminate or substantially reduce such effects. There is no limit to the
number of extensions the Planning Commission may grant.
Developer shall submit and obtain City Planner approval of a Final Landscape and Irrigation Plan
showing conformance with the approved Preliminary Landscape Plan and the City's Landscape
Manual. Developer shall construct and install all landscaping and irrigation as shown on the
approved Final Plans. All landscaping shall be maintained in a healthy and thriving condition, free
from weeds, trash, and debris. All irrigation systems shall be maintained to provide the optimum
amount of water to the landscape for plant growth without causing soil erosion and runoff.
The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape
plancheck process on file in the Planning Division and accompanied by the project's building,
improvement, and grading plans.
All roof appurtenances, including air conditioners, shall be architecturally integrated and
concealed from view and the sound buffered from adjacent properties and streets, in substance
as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of
Community and Economic Development Department and Planning.
Developer shall report, in writing, to the City Planner within 30 days, any address change from
that which is shown on the permit application, any change in the telecommunications provider,
or any transfer in ownership of the site.
Prior to issuance of a building permit for the sanctuary use, all parties involved in the joint use
of a parking lot shall provide evidence of agreement for such joint use by a proper legal
instrument approved by the city attorney as to form and content. Such instrument, when
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approved as conforming to the provisions of this title, shall be recorded in the office of the
2 county recorder and copies thereof filed with the City Planner.
3 Engineering
4 NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of
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this proposed development, must be met prior to approval of a building permit.
General
19. Prior to hauling dirt or construction materials to or from any proposed construction site within
this project, developer shall apply for and obtain approval from, the city engineer for the proposed
haul route.
Dedications/! mprovements
20. The proposed street trees shall be relocated outside the public right-of-way or any city
easements unless otherwise permitted by the city engineer.
Utilities
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The developer shall meet with and obtain approval from the Leucadia Wastewater District
regarding sewer infrastructure available or required to serve this project.
The developer shall meet with and obtain approval from the Olivenhain Municipal Water District
regarding potable water infrastructure available or required to serve this project.
The developer shall meet with and obtain approval from the Olivenhain Municipal Water District
regarding recycled water infrastructure available or required to serve this project.
Code Reminders
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Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by
Council Policy No. 17.
Prior to issuance of a building permit, developer shall pay traffic impact and sewer impact fees
based on Section 18.42 and Section 13.10 of the City of Carlsbad Municipal Code, respectively.
The Average Daily Trips (ADT) and floor area contained in the staff report and shown on the site
plan are for planning purposes only.
Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management
fee for Zone [Click Here] as required by Carlsbad Municipal Code Section 21.90.050.
Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of
the Carlsbad Municipal Code.
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.
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The project shall comply with the latest nonresidential disabled access requirements pursuant to
Title 24 ofthe California Building Code.
Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 17 .04.320.
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.
NOTICE TO APPLICANT
An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad Village
9 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
10 writing and state the reason(s) for the appeal. The City Council must make a determination on the appeal
prior to any judicial review.
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NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions."
You have 90 days from date of final approval to protest imposition ofthese fees/exactions. If you protest
them, you must follow the protest procedure set forth in Government Code Section 66020{a), and file the
protest and any other required information with the City Manager for processing in accordance with
Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent
legal action to attack, review, set aside, void, or annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT
APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other
similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any
fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute
of limitations has previously otherwise expired.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of
the City of Carlsbad, California, held on October 5, 2016 by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chairperson Anderson, Commissioners Black, Goyarts, L'Heureux,
Montgomery, Segall, and Siekmann
VELYN ANDERSON, Chairperson
CARLSBAD PLANNING COMMISSION
12 ATTEST: 13ytzt
14 DON NEU
City Planner
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