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HomeMy WebLinkAbout2017-05-03; Planning Commission; Resolution 7239 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT CUP 10-09 TO ALLOW CHRISTIAN CITY CHURCH (C3 CHURCH) TO RELOCATE SUNDAY SCHOOL FACILITIES FROM BUILDING I TO BUILDING C IN THE SPECTRUM FLEX INDUSTRIAL PARK WITHIN PLANNING AREA 5 OF THE BRESSI RANCH MASTER PLAN ON PROPERTY GENERALLY LOCATED AT 2708 GATEWAY ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 17. THE CITY PLANNER HAS DETERMINED THAT THE PROJECT BELONGS TO A CLASS OF PROJECTS THAT THE STATE SECRETARY OF RESOURCES HAS FOUND DO NOT HAVE A SIGNIFICANT IMPACT ON THE ENVIRONMENT, AND IS THEREFORE CATEGORICALLY EXEMPT FROM THE REQUIREMENT FOR THE PREPARATION OF ENVIRONMENTAL DOCUMENTS PURSUANT TO SECTION 15301 (EXISTING FACILITIES). CASE NAME: CHRISTIAN CITY CHURCH CASE NO.: AMEND 2016-0002 (DEV 2016-0068) WHEREAS, C3 Center, LLC, “Developer/Owner,” has filed a verified application with the City of Carlsbad regarding property described as Lot 3 of Carlsbad Tract CT 05-09, in the City of Carlsbad, County of San Diego, State of California, according to the map thereof No. 15669, filed in the office of the County Recorder of San Diego County, January 15, 2008 (“the Property”); and WHEREAS, said verified application constitutes a request for a Conditional Use Permit Amendment as shown on Exhibits “A” – “F” dated May 3, 2017, on file in the Planning Division AMEND 2016-0002 – CHRISTIAN CITY CHURCH, as provided by the conditions of approval of AMEND 2016-0002 and Chapter 21.42 and/or 21.50 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on May 3, 2017, 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 amendment; and WHEREAS, on January 5, 2011, the Planning Commission approved CUP 10-09, as described and conditioned in Planning Commission Resolution No. 6747. PLANNING COMMISSION RESOLUTION NO. 7239 PC RESO NO. 7239 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission APPROVES AMEND 2016-0002 – CHRISTIAN CITY CHURCH based on the following findings and subject to the following conditions: Findings: (NOTE: These findings are not applicable to 1st Amendment uses; see Section 21.42.030.B) 1. 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 church uses are encouraged by the General Plan Land Use Element and permitted by Conditional Use Permit in any zone in the city for the convenience of residents. The City's General Plan recognizes the need for this type of use and the proposed church use is consistent with the General Plan (Refer to Section "A" of the staff report) regarding the availability of community facility uses (including churches) for residents of Carlsbad. Further, the project site is located entirely out of the noise exposure range (less than 60 db CNEL) and safety zone six which is a compatible use as identified in the McClellan-Palomar Airport Land Use Compatibility Plan. 2. 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 church is compatible with the existing surrounding pet hospital, aquatic fitness club, fitness center and office/industrial uses located on-site and within the P-M zone. The project has been designed to accommodate all required parking on-site and provides for adequate traffic circulation. Additionally, the church's hours of operation (weekday evening and Sunday) are essentially different than the neighboring office/industrial uses. The differing peak hours of operation will reduce or avoid potential conflicts with the existing fitness club, pet hospital, and aquatic fitness club. 3. 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 Christian City Church will occupy a 7,175 square foot existing office/industrial building with existing onsite landscaping as previously approved under Planned Industrial Permit (PIP 05-06). The proposed tenant improvements and minor exterior building modifications are in compliance with Fire Code regulations for public assembly use. Furthermore, the project complies with all of the required development standards of the P-M Zone. 4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that project is provided access from Gateway Road, a local street, which intersects with El Fuerte, a neighborhood collector street, and is currently operating at an acceptable level of service. The Spectrum Flex office/industrial project was previously analyzed for traffic generation and the street system was designed to properly handle all traffic generated by the office park. The 100 average daily trips (ADTs) on weekdays and 400 ADTs on weekends (specifically Sunday) associated with this proposed Christian City Church can be accommodated by the existing street system. PC RESO NO. 7239 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. 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 15301 – Existing Facilities 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. 6. 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. 1. Prior to submittal of the building plans, improvement plans, grading plans, or final map, whichever occurs first, developer shall submit to the City Planner, a 24" x 36" copy of the Site Plan, conceptual grading plan and preliminary utility plan reflecting the conditions approved by the final decision making body. The copy shall be submitted to the city planner, reviewed and, if found acceptable, signed by the city's project planner and project engineer. If no changes were required, the approved exhibits shall fulfill this condition. 2. All conditions of approval imposed upon Conditional Use Permit CUP 10-09 as stated in Planning Commission Resolution No. 6747 shall apply as conditions of approval for AMEND 2016-0002 and are incorporated by this reference, except Conditions 20 and 21 which have been satisfied. 3. The joint use parking agreement dated April 11, 2011 shall be retained and remain in effect in order to satisfy the parking requirement for Christian City Church. 4. Prior to the issuance of building permits, 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 Amendment by Resolution No. 7239 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. Engineering General 5. Prior to hauling construction materials to or from any construction site within this project, developer shall apply for and obtain approval from, the city engineer for the proposed haul route. PC RESO NO. 7239 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6. This project is approved upon the express condition that building permits will not be issued for the development of the subject property, unless the district engineer has determined that adequate water and sewer facilities are available at the time of permit issuance and will continue to be available until time of occupancy. Utilities 7. Developer shall meet with the fire marshal to determine fire protection measures (fire flows, fire hydrant locations, building sprinklers) required to serve the project. Fire hydrants, if proposed, shall be considered public improvements and shall be served by public water mains to the satisfaction of the district engineer. Code Reminders 8. The project shall comply with the latest nonresidential disabled access requirements pursuant to Title 24 of the California Building Code. 9. 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. 10. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on the site plan are for planning purposes only. NOTICE TO APPLICANT An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad Village Drive, Carlsbad, California, 92008, within ten (10) calendar days of the date of the Planning Commission’s decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section 21.54.150, the appeal must be in writing and state the reason(s) for the appeal. The City Council must make a determination on the appeal prior to any judicial review. NOTICE Please take NOTICE that approval of your project includes the “imposition” of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as “fees/exactions.” You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired.