HomeMy WebLinkAbout2019-05-15; Planning Commission; Resolution 7333PLANNING COMMISSION RESOLUTION NO. 7333
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING THE THIRD AMENDMENT TO SITE
DEVELOPMENT PLAN SDP 02-16 TO ALLOW REVISIONS TO THE
APPROVED SITE DEVELOPMENT PLAN FOR THE COASTLINE CHURCH
CAMPUS AND TO ALLOW TEMPORARY MODULAR CLASSROOM
BUILDINGS TO REMAIN ONSITE UNTIL OCTOBER 3, 2021 ON THE 6.43-
. ACRE COASTLINE CHURCH CAMPUS LOCATED AT 2215 CALLE BARCELONA
IN LOCAL FACILITIES MANAGEMENT ZONE 12.
CASE NAME: COASTLINE CHURCH
CASE NO.: AMEND 2018-0003 (DEV02116)
WHEREAS, Coastline Church, "Developer," has filed a verified application with the City of
Carlsbad regarding property described as:
PARCEL: 255-273-07-00
LOT 482 OF CARLSBAD TRACT NO. 88-03-2, ARROYO LA COSTA, UNIT 2
(VILLAGES G, H, J, P, Q, R AND S), IN THE CITY OF CARLSBAD, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF
NO. 13386, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, DECEMBER 20, 1996
("the Property'); and
WHEREAS, said verified application constitutes a request for a Site Development Plan
(SDP) Amendment as shown on Exhibit(s) "A" -"CC" dated May 15, 2019, on file in the Planning Division,
AMEND 2018-0003 (DEV02116) -COASTLINE CHURCH, as provided by Chapters 21.06 and 21.38 of the
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on May 15, 2019, 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 amended SDP.
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 2018-0003-COASTLINE CHURCH, based on the following findings and subject to
the following conditions:
Findings:
1. That the proposed development or use is consistent with the General Plan and any applicable
master plan (as amended) or specific plan, complies with all applicable provisions of Chapter 21.06
of the Carlsbad Municipal Code, and all other applicable provisions of this code, in that the
project's amended design complies with the requirements of the Zoning Ordinance (Title 21)
and Arroyo La Costa Master Plan as discussed in the findings below. The project complies with
the General Plan in that the property is designated for a church use in the Arroyo La Costa
Master Plan and the General Plan requires new and, as appropriate, existing master plan and
specific plan developments to provide land designated for community facilities such as worship
uses. The proposed amendments to the existing church campus will provide i3dditional worship
opportunities for Carlsbad residents consistent with the General Plan. The church campus use
exists today and the proposed church campus expansion is a reduction in the square footage
previously approved per SDP 02-16. The use is compatible with surrounding residential, park,
and open space uses, and the project will meet all required Building and Fire Codes.
2. That the requested development or use is properly related to the site, surroundings and
environmental settings, will not be detrimental to existing development or uses or to
development or uses specifically permitted in the area in which the proposed development or use
is to be located, and will not adversely impact the site, surroundings or traffic circulation, in that
the 6.43-acre site is adequate in size and shape to accommodate the modified church campus
design. The site does not have any constraints that would impede development or require
significant site alterations. The church campus complies with all applicable requirements,
including but not limited to building setback, landscaping, lot coverage, parking requirements,
and architectural design standards. The project continues the Craftsman-influence architecture
present for the site approved per SDP 02-16. The existing surrounding streets which are fully
improved have adequate capacity to accommodate the 1,397 Average Daily Trips (ADT)
generated by the project.
3. That the site for the intended development or use is adequate in size and shape to accommodate
the use, in that the project complies with all development standards of the Arroyo La Costa
Master Plan as demonstrated in the staff report, including setbacks, building coverage,
landscaping requirements, parking, and height restrictions.
4. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the
requested development or use to existing or permitted future development or use in the
neighborhood will be provided and maintained, in that the proposed modified church campus
and other necessary improvements can fit within the developable area of the lot and all
applicable development standards are met. Adequate vehicle circulation has been provided to
accommodate safety and truck turning movements. Access to the site will continue to be
provided by Calle Barcelona. The modified church campus design satisfies all applicable
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requirements, including but not limited to building setbacks, landscaping, lot coverage, parking
requirements, and architectural design standards.
5. That the street systems serving the proposed development or use is adequate to properly handle
all traffic generated by the proposed use, in that the project site will continue to be accessed off
Calle Barcelona, which can accommodate the 1,397 ADT expected to be generated by the
proposed church campus. The project is not anticipated to impact the existing levels of service
on Calle Barcelona and El Camino Real.
California Environmental Quality Act:
6. The City Planner has determined that:
A. The project is a subsequent activity of the Arroyo La Costa Master Plan (EIR 86-02), a project
for which a program EIR was prepared, and a notice for the activity has been given, which
includes statements that this activity is within the scope of the program approved earlier,
and that the program EIR adequately describes the activity for the purposes of CEQA);
B. This project is consistent with the plan cited above;
C. EIR 86-02 was certified in connection with the prior plan;
D. The project has no new significant environmental effects not analyzed as significant in the
program EIR;
E. None of the circumstances requiring a Subsequent EIR or a Supplemental EIR under CEQA
Guidelines Sections 15162 or 15163 exist;
F. All mitigation measures appropriate to this property of EIR 86-02 have been completed.
General:
7. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities
Management Plan for Zone 12 and ali city public facility policies and ordinances. The project
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;
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 .
8. That the project is consistent with the city's Landscape Manual and Water Efficient Landscape
Ordinance (Carlsbad Municipal Code Chapter 18.50).
9. 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 issuance of a grading
permit or building permit, whichever occurs first.
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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
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 Site Development Plan
Amendment.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Site Development Plan Amendment, 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.
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
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,
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.
5. 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 Site Development Plan Amendment, (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.
6. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from
the Encinitas Union School District that this project has satisfied its obligation to provide school
facilities.
7. This project shall comply with all conditions and mitigation measures which are required as part
of the Zone 12 Local Facilities Management Plan and any amendments made to that Plan prior to
. the issuance of building permits.
8. 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
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building permit, and that water and sewer capacity and facilities will continue to be available until
the time of occupancy.
9. This approval shall become null and void if building permits for Phase 1 are not issued for this
project within 24 months from the date of project approval. Phase 2 is to be constructed in the
future and a time limit for building permit issuance is not included with this approval.
10. 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.
11. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan
check process on file in the Planning Department and accompanied by the project's building,
improvement, and grading plans.
12. 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 D.irectors of
Community Development and Planning.
13. Developer shall report, in writing, to the City Planner within 30 days, any address change from
that which is shown on the permit application.
14. 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 CFO
#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
12, 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.
15. Prior to the issuance of a grading permit, the Developer shall submit to the city a Notice of
Restriction 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 Site Development Plan Amendment by Resolution No. 7333 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.
16. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot high 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 shall be of
similar colors and/or materials to the project to the satisfaction of the City Planner.
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17. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. When so
required, the Developer shall submit and obtain approval of the Fire Chief and the City Planner of
an Outdoor Storage Plan, and thereafter comply with the approved plan.
18. Developer shall submit and obtain Planning Director approval of an exterior lighting plan including
parking areas. All lighting shall be designed to reflect downward and avoid any impacts on
adjacent homes or property.
19. Prior to issuance of a building permit for the relocation of the temporary modular classroom
buildings, developer shall submit and obtain approval by the City Planner of the relocation plan
for the temporary modular classroom buildings. The temporary modular classroom buildings
are approved retroactively for a five-year term from October 3, 2016 until October 3, 2021, or
until the children's ministry building is approved for occupancy, whichever occurs first.
Engineering:
General
20. 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.
21. 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.
22. Developer shall install sight distance corridors at all street intersections and driveways in
accordance with City Engineering Standards. The property owner shall maintain this condition.
Fees/ Agreements
23. Developer shall cause property owner to execute and submit to the city engineer for recordation,
the city's standard form Geologic Failure Hold Harmless Agreement.
24. Developer shall cause property owner to execute and submit to the city engineer for recordation
the city's standard form Drainage Hold Harmless Agreement.
25. 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
Maintenance Agreement.
Grading
26. Based upon a review of the 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
technical studies/reports as required by city engineer, post security and pay all applicable grading
plan review and permit fees per the city's latest fee schedule.
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27. Prior to issuance of a building permit, supplemental grading plans are required for precise
grading associated with this project. Developer shall prepare, and submit for approval, grading
plans for the precise grading as shown on the site plan all subject to city engineer approval.
28. If shoring is determined to be required, Developer shall include shoring plans as part of the
grading plans to the satisfaction of the city engineer and building official. Structural calculations
for all shoring shall be submitted for review and approval by the building division. Developer
shall pay all deposits necessary to cover any 3rd party review.
Storm Water Quality
29. Developer shall comply with the city's Stormwater Regulations, latest version, and shall
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
construction, general housekeeping practices, pollution prevention and educational practices,
maintenance procedures, and other management practices or devices to prevent or reduce the
discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the
maximum extent practicable. Developer shall notify prospective owners and tenants of the above
requirements.
30. Developer shall complete and submit to the city engineer a Determination of Project's SWPPP Tier
Level and Construction Threat Level Form pursuant to City Engineering Standards. Developer shall
also submit the appropriate Tier level Storm Water Compliance form and appropriate Tier level
Storm Water Pollution Prevention Plan (SWPPP) to the satisfaction of the city engineer. Developer
shall pay all applicable SWPPP plan review and inspection fees per the city's latest fee schedule.
31. This project is subject to 'Priority Development Project' requirements. Developer shall prepare
and process a Storm Water Quality Management Plan (SWQMP), subject to city engineer
approval, to comply with the Carlsbad BMP Design Manual latest version. The final SWQMP
required by this condition shall be reviewed and approved by the city engineer with final grading
plans. Developer shall pay all applicable SWQMP plan review and inspection fees per the city's
latest fee schedule.
32. Developer is responsible to ensure that all final design plans (grading plans, improvement plans,
landscape plans, building plans, etc) incorporate all source control, site design, pollutant control
BMP and applicable hydromodification measures.
33. Ponding depths exceeding 12" in any stormwater basin will require a fence to be installed
around the stormwater basin to the satisfaction of the city engineer.
Dedications/Improvements
34. Developer shall design the private drainage systems, as shown on the site plan to the satisfaction
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
fees for private drainage systems.
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35. Prior to any work in city right-of-way or public easements, Developer shall apply for and obtain
a right-of-way permit to the satisfaction of the city engineer.
36. Developer shall design, and obtain approval from the city engineer, the structural section for the
access aisles with a traffic index of 5.0 in accordance with city standards due to truck access
through the parking area and/or aisles with an ADT greater than 500. Prior to completion of
grading, the final structural pavement design of the aisle ways shall be submitted together with
required R-value soil test information subject to the review and approval of the city engineer.
Utilities
37. Developer shall meet with the fire marshal to determine if fire protection measures (fire flows,
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
the satisfaction of the district engineer.
38. The developer shall design and agree to construct public water, sewer, and recycled water
facilities substantially as shown on the site plan to the satisfaction of the district engineer and city
engineer.
39. Sizes and locations of water service, water meter, and backflow preventer shall be shown on
the grading plans and shall be provided to the satisfaction of the district engineer and city
engineer.
40. The developer shall meet with and obtain approval from the Leucadia Wastewater District
regarding sewer infrastructure available or required to serve this project.
41. 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.
42. 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:
43. Developer acknowledges new forthcoming requirements related to the city's Climate Action Plan
(CAP) will likely impact development requirements of this project, and may be different than what
is proposed on the project plans or in the project's CAP Checklist. Developer acknowledges new
CAP requirements are related to energy efficiency, photovoltaic, electric vehicle charging, water
heating and traffic demand management requirements, as set forth in City Council Ordinance Nos.
CS-347, CS-348, CS-349 and CS-350 and City Council Resolution No. 2019-024, are available on the
city's website. CAP requirements may impact, but are not limited to, site design and local building
code requirements. If incorporating new CAP requirements results in substantial modifications
to the project, then prior to issuance of development permits, Developer may be required to
submit and receive approval of a Consistency Determination or Amendment for this project
through the Planning Division. Once adopted as part ofTitle 18 and in effect, compliance with the
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new CAP requirements must be demonstrated on or with the construction plans prior to issuance
of the applicable development permits.
44. 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/TENTATIVE MAP} are for planning
purposes only.
45. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by
Council Policy No. 17.
46. Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management
fee for Zone 12 as required by Carlsbad Municipal Code Section 21.90.050.
47. 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 or
occupancy permit issuance, except as otherwise specifically provided herein.
48. The project shall comply with the latest nonresidential disabled access requirements pursuant to
Title 24 of the California Building Code.
49. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 18.04.320.
50. 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.
51. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of
the Carlsbad Municipal Code .
52. Developer shall pay planned local area drainage fees in accordance with Section 15.08.020 of the
City of Carlsbad Municipal Code to the satisfaction of the City Engineer.
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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 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.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning Commission of the City
of Carlsbad, California, held on May 15, 2019, by the following vote, to wit:
AYES: Chair Luna, Commissioners Anderson, Geidner, Lafferty, Meenes and Merz
NOES:
ABSENT: Commissioner Stine
ABSTAIN:
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
City Planner
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