HomeMy WebLinkAbout2009-10-07; Planning Commission; ; SDP 00-06A - Daybreak Community ChurchThe City of Carlsbad Planning Department
A REPORT TO THE PLANNING COMMISSION
Item No.1
P.C. AGENDA OF: October 7, 2009
Application complete date: May 7, 2009
Project Planner: Shannon Werneke
Project Engineer: Frank Jimeno
SUBJECT: SDP 00-06(AVCUP 00-06(A)/CDP 00-09fA) - DAYBREAK COMMUNITY
CHURCH - A request for approval of a Site Development Plan Amendment,
Conditional Use Permit Amendment, and Coastal Development Permit
Amendment to allow for the addition of a 6,188 square foot, two-story
administration and classroom building to the Daybreak Community Church and to
approve the church conditional use without an expiration date on property
generally located on the southwest corner of Poinsettia Lane and Ambrosia Lane,
within the Mello I Segment of the Local Coastal Program and Local Facilities
Management Zone 19.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolutions No. 6639, 6640, and
6641 APPROVING Site Development Plan Amendment SDP 00-06(A), Conditional Use Permit
Amendment CUP 00-06(A), and Coastal Development Permit Amendment CDP 00-09(A) based
on the findings and subject to the conditions contained therein.
II.INTRODUCTION
The applicant is requesting approval of a Site Development Plan Amendment, Conditional Use
Permit Amendment, and Coastal Development Permit Amendment to allow for the addition of a
6,188 square foot, two-story administration and classroom building to the Daybreak Community
Church facility which is located within Planning Area 32B of the Aviara Master Plan (MP 177).
The project also entails a recommendation to approve the church conditional use without an
expiration date. There are no unresolved issues. Findings required to approve the Site
Development Plan Amendment, Conditional Use Permit Amendment and Coastal Development
Permit Amendment can be made and the project is consistent with the General Plan, the Aviara
Master Plan, relevant Local Coastal Program (LCP) policies, as well as the applicable zoning
regulations of the Carlsbad Municipal Code. The staff recommendation for approval with
conditions is supported by the following analysis.
III. PROJECT DESCRIPTION AND BACKGROUND
On November 15, 2000, the Planning Commission approved a Site Development Plan,
Conditional Use Permit, and Coastal Development Permit (SDP 00-06, CUP 00-06, and CDP 00-
09) for the construction and operation of an 11,620 square foot church facility, including a 480-
seat sanctuary, several classrooms, daycare/nursery, and an associated 218-space parking lot for
the Daybreak Community Church located at 6515 Ambrosia Lane within Planning Area 32B of
the Aviara Master Plan. The surrounding land uses include the Aviara Community Park to the
o
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Page 2
north, an apartment complex to the east, single-family homes and open space to the south, and a
vacant lot owned by the subject property owner, Daybreak Community Church, to the west.
The current proposal entails a request by Daybreak Community Church to amend the Site
Development Plan, Conditional Use Permit, and Coastal Development Permit to add a 6,188
square foot, 28-foot-tall, two-story, classroom and administration building. A total of eight (8)
administrative offices totaling 3,080 square feet are proposed on the second floor and are
anticipated to be in use Monday-Friday, 7:00 a.m. to 6:00 p.m. A total of four (4) classrooms
which are anticipated to accommodate up to 137 students and four (4) teachers are proposed on
the first floor. The proposed classrooms are intended to be utilized for a variety of educational
classes on various days and at varying times which complement the existing church use,
including junior high and high school youth programs and leadership team meetings, a young
mother's program, a women's bible study, and a men's group. A typical schedule for Daybreak
Community Church is included as an attachment to the staff report (Attachment No. 13).
The new addition is proposed to be located adjacent to the southern elevation of the existing
church, in an area which is currently developed with various hardscape features, including
parking. The project would be consistent with the surrounding development which consists of
predominantly two-story single-family and multi-family structures, a community park, as well as
the existing 29-foot-tall church. As the area of the addition slopes gently downward from north
to south, a minor amount of grading (470 cubic yards of import) would be required. A retaining
wall is proposed adjacent to the eastern elevation of the building which would be screened with
landscaping. The proposed addition is designed with Spanish/Mediterranean features which
complement the existing sanctuary and the Aviara community, including pre-cast concrete
columns arranged in colonnades with segmental arches, a trellis, parapet roof screens with a
decorative cornice, divided windows, stone wainscot veneers, Mission tile roofing, and a gable
roof system.
In addition to the new building, a plaza with a large landscaped courtyard is proposed adjacent to
the entrance to the classroom and administrative building as well as the existing church. The
plaza would be integrated with the existing hardscape features in front of the church and would
include decorative pavement, seating areas, as well as a trellis which would complement the
proposed campus design. Also included in the proposal is a request to remodel the facade of the
existing church to match the addition, including a change in the stucco color and the addition of a
stone veneer, each of which will enhance the architectural integration between the existing
church and the proposed addition.
Parking for Daybreak Community Church has been determined based on the sum of the existing
and proposed uses (see Table 5). A total of 20 of the existing 218 parking spaces currently
located adjacent to the entrance/south elevation of the church would be eliminated to
accommodate the addition. A total of four (4) new spaces would be constructed, for a net loss of
16 parking spaces. With the inclusion of the required parking for the proposed addition, a
surplus of 45 parking spaces would remain. Should the classrooms and office be utilized
simultaneously while the sanctuary is occupied on the weekends, the number of peak use service
trips will only be nominally increased as the children who will be attending classes will be driven
to the facility by their parents who are attending services at the sanctuary. Therefore, no parking
issues are anticipated.
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As the Conditional Use Permit for the existing Daybreak Community Church was approved for a
period of 10 years and is set to expire on November 15, 2010, the proposed project also includes
a recommendation to approve the Conditional Use Permit for the Daybreak Community Church
without an expiration<date.
IV. ANALYSIS
Staffs recommendation of approval for the SDP, CUP, and CDP Amendments was developed
by analyzing the project's consistency with the applicable City regulations and policies. This
analysis will present in text the project's consistency with the applicable regulations listed
below:
A. Residential Medium Density (RM) and Open Space (OS) General Plan Land Use
designation;
B. Aviara Master Plan;
C. Planned Community (P-C) Zone (Chapter 21.38 of the Zoning Ordinance);
D. Qualified Development Overlay Zone (Chapter 21.06 of the Zoning Ordinance);
E. Conditional Use Permits (Chapter 21.42 of the Zoning Ordinance);
F. Parking (Chapter 21.44 of the Zoning Ordinance);
G. Mello I Segment of the Local Coastal Program, Coastal Development Permit Procedures,
and Coastal Resource Protection Overlay Zone (Chapters 21.201, 21.203, and 21.205 of
the Zoning Ordinance); and
H. Growth Management Ordinance (Chapter 21.90 of the Zoning Ordinance) and Zone 19
Local Facilities Management Plan.
A. Residential Medium Density (RM) and Open Space (OS) General Plan Land Use
Designation
The southern half of the subject property contains steep slopes and native vegetation and has a
General Plan Land Use designation of Open Space while the northern half of the property, where
the church addition is proposed, is designated as RM, Residential Medium Density. No
development is proposed within the Open Space area. The proposed addition to the Daybreak
Community Church is consistent with the applicable policies and programs of the General Plan
as demonstrated in Table 1 below.
TABLE 1 - GENERAL PLAN COMPLIANCE
ELEMENT USE, CLASSIFICATION,
GOAL, OBJECTIVE OR
PROGRAM
PROPOSED USES &
IMPROVEMENTS
COMPLIANCE
Land Use USE: Site is designated for
Residential Medium Density and
Open Space.
GOAL: Provide for a diversity
of land uses so that churches are
available to residents in
Carlsbad.
Churches are
conditionally-permitted
uses in residentially-
designated areas. No
development is proposed
in the portion of the lot
which is designated as
Open Space.
Yes
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TABLE 1 - GENERAL PLAN COMPLIANCE CONTINUED
ELEMENT USE, CLASSIFICATION,
GOAL, OBJECTIVE OR
PROGRAM
PROPOSED USES &
IMPROVEMENTS
COMPLIANCE
Circulation Require new development to
provide safe, adequate, and
attractively-landscaped parking
areas.
The proposed
development includes the
addition of trees in the
existing parking lot which
brings the project into
conformance with City
Standards and the
Landscape Manual
requirements.
Yes
Public Safety Design all structures in
accordance with the seismic
design standards of the UBC and
State building requirements.
All buildings will meet
UBC and State seismic
requirements.
Yes
Open Space
&
Conservation
Preservation of open space in a
natural state.
Utilize Best Management
Practices for control of
stormwater and to protect water
quality.
No development is
proposed in the portion
of the lot which is
designated as Open
Space. The project will
conform to all National
Pollution Discharge
Elimination Standards
(NPDES) and has been
designed to include Low
Impact Design (LID)
elements.
Yes
Noise Non-Residential exterior noise
standard of 65 CNEL and
interior noise standard of 45
CNEL.
The project site is not
impacted by noise and
the proposed use does not
cause any significant
noise impacts to the
surrounding residential
uses.
Yes
B.Aviara Master Plan
The subject property is located within Planning Area 32B of the Aviara Master Plan (MP 177).
Therefore, the proposed addition is subject to the development standards and design guidelines
of the Master Plan. The Daybreak Community Church addition is consistent with the applicable
standards and guidelines as demonstrated in Table 2 below.
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TABLE 2 - AVIARA MASTER PLAN CONFORMANCE
MASTER PLAN
STANDARD-
PROPOSED USE AND
IMPROVMEMENTS
The proposed project consists of the addition
of classrooms and administrative offices,
which are accessory to the primary church
use.
COMPLIANCE
Use Allocation:
Church and daycare uses
Yes
Building Height:
30-foot maximum
The two-story addition has a proposed height
of 28 feet.
Yes
Setbacks:
50 feet from Poinsettia Lane
30 feet from other planning
area boundaries
The addition is
Poinsettia Lane.
located 180 feet from Yes
The addition is located a minimum of 250
feet from other planning area boundaries.
Architectural Treatment:
Strong relationship between
indoor and outdoor spaces;
informal building layout;
simple, rectangular forms
encouraged; windows and
door openings deep-set;
incorporation of elements
such as balconies, decks, and
trellises; variety of massing;
light-textured hues of white
stucco; and clay or concrete
barrel S-shaped, terra cotta-
colored tile.
The proposed two-story administrative office
and classroom building's simple rectangular
footprint and the perpendicular placement
with respect to the location of the existing
sanctuary creates an informal yet cohesive
site layout. The Spanish/Mediterranean
features, including pre-cast concrete columns
arranged in colonnades with segmental
arches, a portico and balcony, parapet roof
screens with a decorative cornice, divided
windows, stone wainscot veneers, beige
stucco, Mission tile roofing with a terra-cotta
color, and a gable roof system, enhance the
fenestration of the building and complement
the existing church. To further enhance the
relationship between indoor and outdoor
spaces, a plaza with a large landscaped
courtyard is proposed adjacent to the
entrance to the new building as well as the
existing church. The plaza would be
integrated with the existing hardscape
features in front of the church and would
include decorative pavement, seating areas
and a trellis which would enhance the
proposed campus design.
Yes
C. Planned Community (P-C) Zone Regulations (Chapter 21.38 of the Zoning
Ordinance)
The underlying zoning of the Daybreak Community Church site is Planned Community (P-C).
In accordance with this designation, the Aviara Master Plan was created to be the implementing
zone. No specific development standards or design criteria exist in the P-C zone; however, all
applicable standards and criteria are contained within, or are referenced by, master plan
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documents. The project is in conformance with the Aviara Master Plan requirements as analyzed
in Table 2 above.
D. Qualified Development Overlay Zone (Chapter 21.06 of the Zoning Ordinance)
Pursuant to the Aviara Master Plan, a Site Development Plan is required to be processed for all
Planning Areas pursuant to Chapter 21.06, the Qualified Development Overlay Zone, of the
Carlsbad Municipal Code. Consistent with this requirement, a Site Development Plan was
approved by the Planning Commission on November 15, 2000 for the construction and operation
of the existing 11,620 square foot church facility, including a 480-seat sanctuary, several
classrooms and a daycare/nursery, for Daybreak Community Church. Pursuant to the
previously-approved Site Development Plan Resolution, any substantial amendments to the
original SDP also require approval by the Planning Commission. The proposed project entails
an amendment to the original SDP to add a 6,188 square foot, 28-foot-tall, two-story, classroom
and administration building. As demonstrated below, all of the required SDP findings can be
made.
TABLE 3 - SITE DEVELOPMENT PLAN FINDINGS
FINDING PROJECT CONSISTENCY
That the requested use is properly
related to the site, surroundings,
and environmental settings; it is
consistent with the various
elements and objectives of the
General Plan; it will not be
detrimental to existing uses or to
uses specifically permitted in the
area in which the proposed use is
to be located; and it will not
adversely impact the site,
surroundings, or traffic circulation.
The various goals and objectives of the General Plan will
be implemented as the proposed project falls within an
approved Master Plan which was found to be consistent
with the General Plan. The Aviara Master Plan recognizes
the need for worship-related uses in residential areas. The
proposal to add a classroom/administration building to the
Daybreak Community Church contributes to the
enhancement of the religious worship facilities and
educational activities offered on the campus. The building
is appropriately integrated with the site surroundings as
well as the environmental setting in that the project design
complies with the guidelines of the Aviara Master Plan
(Refer to Table 2). Further, the location of the addition
will not disrupt the existing vehicular circulation on or off
site.
That the site for the intended use is
adequate in size and shape to
accommodate the use.
The subject site is adequate in size and shape to
accommodate the proposed addition and the proposed use
complies with the required development and design
standards of the Master Plan in that the addition, required
parking, and associated landscaping is sited within the
established development envelope on the property, without
the need to encroach into the required setbacks or approved
open space. Further, the proposed height of 28 feet is
below the 30-foot height limitation established for
Planning Area 32b of the Aviara Master Plan.
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TABLE 3 - SITE DEVELOPMENT PLAN FINDINGS CONTINUED
FINDING PROJECT CONSISTENCY
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
maintained.
The proposed classroom and administration building
functions as an accessory component of Area 32b of
Aviara Master Plan's conditionally-permitted church uses.
The proposed addition has been designed in compliance
with the development and design standards of the Master
Plan and the Carlsbad Municipal Code in that the project is
compatible with existing permitted uses, the building is
setback 180 and 265 feet from Poinsettia Lane and
Ambrosia Lane, respectively, and a surplus of 45 parking
spaces would remain. In addition, the proposed retaining
walls would be screened with landscaping, additional
landscaping would be provided in the proposed courtyard
as well as the existing parking lot and the existing access
and circulation pattern on-site would not be impacted.
That the street system serving the
proposed use is adequate to
properly handle all traffic
generated by the proposed use.
Primary access to the site will continue to be provided from
a private driveway located off of Ambrosia Lane. Land
use and circulation requirements for the site and the
surrounding residential neighborhood were developed at a
Master Plan and project-specific level (SDP 00-06, CUP
00-06, CDP 00-09). The proposed classrooms are intended
to be utilized for a variety of educational uses which
complement the existing church use. A typical schedule of
the church is included as Attachment 13. If the classrooms
and offices are utilized simultaneously while the sanctuary
is occupied on the weekends (i.e. during peak service use),
the increase in peak Average Daily Trips (ADTs) will be
nominal in that the children who are attending classes will
be driven by their parents who are simultaneously
attending sanctuary services. Therefore, the street system
serving the proposed use will not be impacted.
E. Conditional Use Permits (Chapter 21.42 of the Zoning Ordinance)
Uses subject to a CUP possess characteristics of such unique and special form as to make
impracticable their being included automatically in any land use classification. In granting a
CUP, certain safeguards to protect the health, safety and general welfare of the public may be
required as conditions of approval. In addition, pursuant to Section 21.42 of the Carlsbad
Municipal Code, CUPs may only be granted when the appropriate findings of fact can be made.
Staff has reviewed the proposed addition and found that all the necessary findings can be made
to approve the Conditional Use Permit Amendment. The required findings and satisfaction of
these findings are provided in Table 4 below. The proposed project also includes a
recommendation to approve the Conditional Use Permit for the Daybreak Community Church
without an expiration date. Should any issues arise with respect to compliance with the
conditions placed on the project or if the use is determined to have a potentially substantial
detrimental effect on surrounding land uses and/or the public's health, the project has been
SDP 00-06(A)/CUP 00-06(A)/CDP 00-09(A) - DAYBREAK COMMUNITY CHURCH
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PageS
accordingly-conditioned to provide the Planning Director with the ability to refer the Conditional
Use Permit back to the Planning Commission for consideration of condition modification or
revocation.
TABLE 4 - CONDITIONAL USE PERMIT FINDINGS
FINDING PROJECT CONSISTENCY
That the requested use is necessary
or desirable for the development of
the community, is essentially 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.
The existing Daybreak 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, and the Mello I Segment
of the Local Coastal Program recognize the need for this
type of use and the proposed use is consistent with the
these documents (refer to Sections A, B, and G) regarding
the location of uses for public assembly in residential
neighborhoods. In addition, the proposed expansion to the
church campus is a benefit and service to the members of
the parish and is open to the community.
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.
The proposed administrative office and classroom building
and the existing church are 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 adequate traffic circulation. The site is
separated from the surrounding multi-family and single-
family residential uses by public streets, Circulation
Element roadways, open space, variable topography, and
project landscaping.
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
planning director, planning
commission or city council, in
order to integrate the use with
other uses in the neighborhood.
The 6.77-acre project site is adequate in size and shape to
accommodate the proposed uses in that the project fits
within the proposed development envelope without the
need for any modifications to the development standards of
the Aviara Master Plan and the Parking Ordinance. In
addition, no perimeter fences or other special conditions
will be necessary to accommodate the requested use as the
site is separated from the surrounding residential uses by
public streets, open space, and landscaping. A retaining
wall with a maximum height of four (4) feet is proposed
adjacent to the rear (east) elevation of the addition;
however, it will not be visible from the street and will be
screened with landscaping. In addition, landscaping is
proposed within the courtyard to comply with the standards
and additional landscaping will surround the administration
and classroom building which will soften and enhance the
appearance of the campus.
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TABLE 4 - CONDITIONAL USE PERMIT FINDINGS CONTINUED
FINDING PROJECT CONSISTENCY
That the street system serving the
proposed use is adequate to
properly handle all traffic
generated by the proposed use.
Primary access to the site will continue to be provided from
a private driveway located off of Ambrosia Lane. Land
use and circulation requirements for the site and the
surrounding residential neighborhood were developed at a
Master Plan and project-specific level (SDP 00-06, CUP
00-06, CDP 00-09). The proposed classrooms are intended
to be utilized for a variety of educational classes which
complement the existing church use. A typical schedule at
the church is included as Attachment No. 13. If the
classrooms and offices are utilized simultaneously while
the sanctuary is occupied on the weekends (i.e. during peak
service use), the increase in peak Average Daily Trips
(ADTs) will be nominal in that the children who are
attending classes will be driven by their parents who are
simultaneously attending sanctuary services. Therefore,
the street system serving the proposed use will not be
impacted.
F. Parking (Chapter 21.44 of the Zoning Ordinance)
Pursuant to the Aviara Master Plan, the parking requirements shall conform to the standards of
Chapter 21.44 of the Carlsbad Municipal Code. On-site parking for Daybreak Community
Church will be continue to be provided by an existing surface parking lot located on the east and
west sides of the church. The proposed classrooms are intended to be utilized for a variety of
educational classes which complement the existing church use, including junior high and high
school youth programs and leadership team meetings, a young mother's program, a women's
bible study, and a men's group. A typical schedule at the church is included as Attachment No.
13.
Although the proposed classrooms are not intended to be utilized simultaneously with worship
services, parking for Daybreak Church has been determined based on the sum of the existing and
proposed uses. Table 5 below summarizes the amount of parking required for each of the uses.
A total of 20 parking spaces would be eliminated to accommodate the addition and four (4) new
spaces would be constructed, for a net loss of 16 parking spaces. With the inclusion of the
required parking for the proposed addition, a surplus of 45 parking spaces would remain.
Therefore, no parking issues are anticipated. It should be noted that, of the 202 parking spaces
provided on-site, 41 spaces are located within the SDG&E power transmission line easement.
Should the spaces become unusable due to the power company's constraints or requirements, the
amount of parking for the church campus will still exceed that required by the Parking
Ordinance.
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TABLE 5 - PARKING CONFORMANCE
EXISTING/
PROPOSED USE
Existing Public
Assembly:
480 seats
Existing Nursery:
27 students/8 teachers
Existing Classrooms:
122 students/6 teachers
Proposed Classrooms:
137 students/4 teachers
Proposed
Administration:
3,080 sq. ft.
PARKING REQUIREMENT
One space per five (5) seats
One space per 1 0 students plus one
(1) space per employee
One space per 1 0 students plus one
(1) space per employee
One space per 1 0 students plus one
(1) space per employee
One space per 250 sq. ft.
PARKING SPACES
REQUIRED
96 spaces
11 spaces
1 9 spaces
18 spaces
13 spaces
Total Parking Required: 157 spaces Total Parking Provided: 202 spaces
G. Mello I Segment of the Local Coastal Program, Coastal Development Permit
Procedures, and Coastal Resource Protection Overlay Zone (Chapters 21.201 and
21.203 of the Zoning Ordinance)
The proposed project entails an amendment to Coastal Development Permit approved for the
development of the sanctuary (CDP 00-09). The project site is located within the Mello I
Segment of the Local Coastal Program (LCP). The site is also located within and subject to the
Coastal Resource Protection Overlay Zone (CMC Chapter 21.203). The project's compliance
with each of these programs and ordinances is discussed below.
1. Mello I Segment of the Local Coastal Program
The project site has an LCP Land Use designation of RM (Residential Medium Density) and OS
(Open Space). The project's consistency with the RM and OS Land Use designations is
analyzed in Section A above.
The proposed project entails the addition of a 6,188 square foot, two-story administration and
classroom building to the existing Daybreak Community Church facility. The addition is
proposed to be located in an area that is currently developed as a small portion of the parking lot.
The project would be consistent with the surrounding development which consists of
predominantly two-story single-family and multi-family structures, a community park, as well as
the existing 29-foot-tall church. The two-story addition will not obstruct views of the coastline
as seen from public lands or the public right-of-way nor otherwise damage the visual beauty of
the coastal zone as the adjacent streets are located at an elevation which is substantially lower
(i.e. 20-30 feet) than the subject site; therefore, the coastline is not visible from the adjacent
right-of-way. No agricultural uses currently exist on the site, nor are there any sensitive
resources located in the area of the proposed addition. In addition, the proposed addition is not
located in an area of known geologic instability or flood hazards. Since the site does not have
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Page 11
frontage along the coastline, no public opportunities for coastal shoreline access are available
from the subject site. Furthermore, the residentially-designated site is not suited for water-
oriented recreation activities.
2. Coastal Resource Protection Overlay Zone
The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone
(CMC 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 avoid increased urban run-off, pollutants and soil erosion. No development is
proposed in areas of steep slopes (coastal bluff) and no native vegetation will be removed. In
addition, the site is not located in an area prone to landslides, or susceptible to accelerated
erosion, floods or liquefaction.
H. Growth Management Regulations
The proposed project is located within Local Facilities Management Zone 19 in the southwest
quadrant of the City. The impacts on public facilities created by the project, and its compliance
with the adopted performance standards, are summarized in Table 6 below.
TABLE 6 - GROWTH MANAGEMENT COMPLIANCE
STANDARD
City Administration
Library
Waste Water Treatment
Parks
Drainage
Circulation
Fire
Open Space
Schools
Sewer Collection System
Water
IMPACTS
N/A
N/A
3.44EDUs
N/A
Basin D
No increase in ADT
Station No. 2 and 4
N/A
N/A
3.44 EDUs
757 GPD
COMPLIANCE
N/A
N/A
Yes
N/A
N/A
Yes
Yes
N/A
N/A
Yes
Yes
V.ENVIRONMENTAL REVIEW
The Planning Director 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(e)(2), Existing Facilities, of the State CEQA Guidelines.
In making this determination, the Planning Director has found that the exceptions listed in
Section 15300.2 of the State CEQA Guidelines do not apply to this project.
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ATTACHMENTS;
1. Planning Commission Resolution No. 6639 (SDP Amendment)
2. Planning Commission Resolution No. 6640 (CUP Amendment)
3. Planning Commission Resolution No. 6641 (CDP Amendment)
4. Location Map
5. Background Data Sheet
6. Local Facilities Impact Assessment Form
7. Disclosure Statement
8. Planning Commission Resolution No. 4868, dated November 15, 2000
9. Planning Commission Resolution No. 4869, dated November 15, 2000
10. Planning Commission Resolution No. 4870, dated November 15, 2000
11. Reduced Exhibits
12. Exhibits "A" - "N" dated October 7, 2009
13. Typical Weekly Schedule for Daybreak Community Church
NOT TO SCALE
SITEMAP
Daybreak Community Church
SDP 00-06(A) / CUP 00-06(A) / CDP 00-09(A)
BACKGROUND DATA SHEET
CASE NO:SDP 00-06(A)/CUP 00-06(AVCDP QQ-09(A)
CASE NAME: DAYBREAK COMMUNITY CHURCH
APPLICANT: Daybreak Community Church of Coastal North County
REQUEST AND LOCATION: A request for approval of a Site Development Plan
Amendment, Conditional Use Permit Amendment, and Coastal Development Permit
Amendment to allow for the addition of a 6,188 square foot, two-story administration and
classroom building to the Daybreak Community Church and to approve the church conditional
use without an expiration date on property generally located on the southwest corner of
Poinsettia Lane and Ambrosia Lane, within the Mello I Segment of the Local Coastal Program
and Local Facilities Management Zone 19.
LEGAL DESCRIPTION: Lot 8 of City of Carlsbad Tract No. 92-3, in the City of Carlsbad.
County of San Diego, State of California, according to Map thereof No. 13434, filed in the
Office of the County Recorder of San Diego County, June 23, 1997.
APN: 215-841-07-00 Acres: 6/77 Proposed No. of Lots/Units: N/A
GENERAL PLAN AND ZONING
Existing Land Use Designation: Residential Medium Density (RM) and Open Space (OS)
Proposed Land Use Designation: N/A
Density Allowed: N/A Density Proposed: N/A
Existing Zone: Planned Community (P-C)
Proposed Zone: N/A
Surrounding Zoning, General Plan and Land Use:
General Plan Current Land Use
Site
North
South
East
West
P-C/OS RM/OS Church
P-C OS Aviara Park
P-C RLM/OS
P-C RH
Single family homes/open
space
Apartments
L-C RLM Vacant
LOCAL COASTAL PROGRAM
Coastal Zone: [X] Yes O No Local Coastal Program Segment:.Mello I
Within Appeal Jurisdiction: [~~l Yes [X] No Coastal Development Permit: [X] Yes
Local Coastal Program Amendment: I I Yes £3 No
No
Revised 01/06
Existing LCP Land Use Designation: RM/OS Proposed LCP Land Use Designation: N/A
Existing LCP Zone: P-C Proposed LCP Zone: N/A
PUBLIC FACILITIES
School District: Carlsbad Water District: Carlsbad Sewer District: Carlsbad
Equivalent Dwelling Units (Sewer Capacity): 3.44 EDU
ENVIRONMENTAL IMPACT ASSESSMENT
Categorical Exemption, CEQA Section 15301(e)(2), Existing Facilities
Negative Declaration,
I | Certified Environmental Impact Report, dated_
D Other,
Revised 01/06
CITY OF CARLSBAD
GROWTH MANAGEMENT PROGRAM
LOCAL FACILITIES IMPACTS ASSESSMENT FORM
(To be Submitted with Development Application)
PROJECT IDENTITY AND IMPACT ASSESSMENT:
FILE NAME AND NO: Daybreak Community Church - SDP 00-06(A)/CUP 00-06(AV
CDP QO-09(A)
LOCAL FACILITY MANAGEMENT ZONE: 19 GENERAL PLAN: RM/OS
ZONING: P-C .
DEVELOPER'S NAME: Daybreak Community Church of Coastal North County
ADDRESS: 5835 Avenida Encinas. #118, Carlsbad. CA 92008
PHONE NO.: 760-931-7773 ASSESSOR'S PARCEL NO.: 215-841-07-00
QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 6,188 SO. FT.
ESTIMATED COMPLETION DATE: Unknown
A. City Administrative Facilities: Demand in Square Footage = N/A_
B. Library: Demand in Square Footage = N/A
C. Wastewater Treatment Capacity (Calculate with J. Sewer) 3.44 EDU
D. Park: Demand in Acreage = N/A
E. Drainage: Demand in CFS = N/A
Identify Drainage Basin = B
(Identify master plan facilities on site plan)
F. Circulation: Demand in ADT - No increase in APT
(Identify Trip Distribution on site plan)
G. Fire: Served by Fire Station No. - 2 and 4
H. Open Space: Acreage Provided = N/A
I. Schools: N/A
(Demands to be determined by staff)
J. Sewer: Demands in EDU 3.44 EDU
Identify Sub Basin = B
(Identify trunk line(s) impacted on site plan)
K. Water: Demand in GPD = 757 GPP
City of Carlsbad
Planning Department
DISCLOSURE STATEMENT
Applicant's statement or disclosure of certain ownership interests on all applications which will require
discretionary action on the part of the City Council or any appointed Board, Commission or Committee.
The following information MUST be disclosed at the time of application submittal. Your project cannot be
reviewed until this information is completed. Please print.
Note: - -"*"-, ,'j ..'"»- '-' p"
Person is defined as "Any individual,.firm, cp-partnership,Joint venture, association, social club, fraternal organization,
corporation, estate, trust, receiver, syndicate, in this and any other county," city and county, city municipality, district or
other political subdivision or any other" group or combination acting as a unit.",. v "*~,<*i' /., t ~ *«• >-.•'- > • >, i , " - * - x «,, ''i -•> "f *i T j . . . .. f -, ~Agents may sign this document; however, the legal name and entity of the applicant and property owner must be
provided below.» ',,.<'
1. APPLICANT (Not the applicant's agent)
Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial interest
in the application. If the applicant includes a corporation or partnership, include the names, title,
addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE
THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE
BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate
officers. (A separate page may be attached if necessary.) Daybreak Community Church
Person Corp/Part of Coastal North County
Title Title Owner
Address Address 6515 Ambrosia Lane
Carlsbad, CA 92011
OWNER (Not the owner's agent)
Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership^
interest in the property involved. Also, provide the nature of the legal ownership (i.e. partnership,
tenants in common, non-profit, corporation, etc,). If the ownership includes a corporation or
partnership, include the names, title, addresses of all individuals owning more than 10% of the
shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE
NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the
names, titles, and addresses of the corporate officers. (A separate page may be attached if
necessary.) Daybreak Community Church
Person_
Title
Corp/Partof Coastal North County
Title Owner
Address Address 6515 Ambrosia Lane
Carlsbad, CA 92011
1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us
3. NON-PROFIT ORGANIZATION OR TRUST
If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the
names and addresses of ANY person serving as an officer or director of the non-profit
organization or as trustee or beneficiary of the.
Non Profit/Trust Gary Webb Non Profit/Trust
Title Pastor/Administrator jjt|e
Address5835 Avenida Encinasft 118 Address
Carlsbad, CA 92008
4. Have you had more than $500 worth of business transacted with any member of City staff,
Boards, Commissions, Committees and/or Council within the past twelve (12) months?
Yes [VfNo If yes, please indicate person(s):_
NOTE: Attach additional sheets if necessary.
I certify that alllbe above information is true and correct to the best of my knowlec
^fgnature of owner/date
S*.
Print or type name of owner Print or type name of applicant
Signature of owner/applicant's agent if applicable/date
Print or type name of owner/applicant's agent
H:ADMIN\COUNTER\DISCLOSURE STATEMENT 12/06 Page 2 Of 2
1 PLANNING COMMISSION RESOLUTION NO. 4868
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE
DEVELOPMENT PLAN SDP 00-06 TO ALLOW THE
4 CONSTRUCTION AND OPERATION OF A 11,620 SQUARE
FOOT CHURCH AND DAYCARE FACILITY WITHIN AVIARA
PLANNING AREA 32B, ON PROPERTY GENERALLY
6 LOCATED AT THE SOUTHWEST CORNER OF POINSETTIA
LANE AND AMBROSIA LANE IN LOCAL FACILITIES
7 MANAGEMENT ZONE 19.
CASE NAME: DAYBREAK COMMUNITY CHURCH
8 CASE NO.: SDP 00-06
9
WHEREAS, Daybreak Community Church, "DeyeloperT'Owner", has filed a
10
verified application with the City of Carlsbad regarding property described as
11
Lot 8 of Carlsbad Tract No. CT 92-03, according to Map No.
12 13434, filed in the Office of the County Recorder on June 23,
13 1997, in the City of Carlsbad, County of San Diego, State of
California
14
("the Property"); and
15
WHEREAS, said verified application constitutes a request for a Site Development
17 Plan as shown on Exhibits "A" - "G" dated November 15, 2000, on file in the Planning
18 Department, DAYBREAK COMMUNITY CHURCH - SDP 00-06 as provided by Chapter
19 21.06 of the Carlsbad Municipal Code and the Aviara Master Plan; and
20 WHEREAS, the Planning Commission did, on the 15th day of November, 2000,
21
hold a duly noticed public hearing as prescribed by law to consider said request; and
22
WHEREAS, at said public hearing, upon hearing and considering all testimony
^J
24 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
25 relating to the Site Development Plan.
26 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
27 Commission of the City of Carlsbad as follows:
28 A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Planning
2 Commission APPROVES DAYBREAK COMMUNITY CHURCH - SDP
00-06 based on the following findings and subject to the following conditions:
3
Findings:
4
1. That the requested use is properly related to the site, surroundings and environmental
settings, 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 located, and will not adversely impact the site, surroundings or
7 traffic circulation, in that the proposal provides worship and daycare services in an
area of the City lacking these facilities; the project will provide safe parking areas
8 and emergency access without encroaching into existing open space.
9 2. That the site for the intended use is adequate in size and shape to accommodate the use, in
10 that the proposed building and the required parking and landscaping can fit within
the boundaries of the developable area of the property, without need to encroach
11 into required setbacks or approved open space.
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 maintained, in that the project is completely surrounded by landscaping
14 and is placed within the buildable portion of the lot.
15 4. That the street systems serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the proposal would generate a total of 165
additional average daily trips, which can be supported by Ambrosia Lane (a
17 collector street) and Poinsettia Lane (a major arterial roadway).
18 5. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 19 and all City public facility policies and
19 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.
22 Specifically,
23 a. The project has been conditioned to provide proof from the Carlsbad Unified
_. School District that the project has satisfied its obligation for school facilities.
25 b. 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.
26
6. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal
27 Code Section 14.28.020 and Landscape Manual Section I B).
28
7. The Planning Director has determined that:
PC RESO NO. 4868 -2-
1
2 a. the project is a project for which a Mitigated Negative Declaration
(Aviara Phase III - CT 92-03) was previously adopted [15162].
3
b. this project is consistent with the project cited above;
4
c. Mitigated Negative Declaration (Aviara Phase III - CT 92-03) was
approved in connection with the prior project or plan;
6
d. the project has no new significant environmental effect not analyzed as
7 significant in the prior Mitigated Negative Declaration;
o0 e. none of the circumstances requiring a Subsequent Mitigated Negative
Declaration or a Supplemental EIR under CEQA Guidelines Sections
15162 or 15163 exist;
10
8. The Planning Commission has reviewed each of the exactions imposed on the Developer
11 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;
14
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to grading or
15 building permit, whichever occurs first.
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
18 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
19 issued under the authority of approvals herein granted; 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.
22 2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Site Development Plan documents, as necessary to make them
23 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.
25
3. The Developer shall comply with all applicable provisions of federal, state, and local
26 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
PC RESO NO. 4868 -3-
unless the City Council determines that the project without the condition complies with
2 all requirements of law.
3 5. The 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, (b)
City's approval or issuance of any permit or action, whether discretionary or non-
discretionary, 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.
9 6. The Developer shall submit to Planning Department a reproducible 24" x 36", mylar
10 copy of the Site Plan reflecting the conditions approved by the final decision making
body.
11
7. The Developer shall include, as part of the plans submitted for any permit plan check, a
reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing
format (including any applicable Coastal Commission approvals).
14 8. Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the School District that this project has satisfied its obligation to provide
school facilities.
9. This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 19 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits
18
10. Building permits will not be issued for this project unless the local agency providing
19 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.
22 11. This approval is granted subject to the approval of CUP 00-06 and CDP 00-09 and is
subject to all conditions contained in Planning Commission Resolutions No. 4869 and
4870 for those other approvals.
24 12. This approval shall become null and void if building permits are not issued for this
25 project within two years from the date of project approval.
26 13. 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 19, pursuant to Chapter 21.90. All such
PC RESO NO. 4868 -4-
taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this
2 approval will not be consistent with the General Plan and shall become void.
3 14. 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 Development and Planning.
15. The Developer is aware that the City is preparing a non-residential housing impact fee
(linkage fee) consistent with Program 4.1 of the Housing Element. The applicant is
further aware that the City may determine that certain non-residential projects may have
to pay a linkage fee, in order to be found consistent with the Housing Element of the
General Plan. If a linkage fee is established by City Council ordinance and/or resolution
n and this project becomes subject to a linkage fee pursuant to said ordinance and/or
resolution, then the Developer, or his/her/their successor(s) in interest shall pay the
10 linkage fee. The linkage fee shall be paid at the time of issuance of building permits,
except for projects involving a request for a non-residential planned development for an
1 existing development, in which case, the fee shall be paid on approval of the final map,
parcel map or certificate of compliance, required to process the non-residential PUD,
whichever pertains. If linkage fees are required for this project, and they are not paid, this
project will not be consistent with the General Plan and approval for this project will
become null and void.
14
16. The Developer shall submit and obtain Planning Director approval of a Final Landscape
and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan
and the City's Landscape Manual. The Developer shall construct and install all
landscaping as shown on the approved Final Plans, and maintain all landscaping in a
17 healthy and thriving condition, free from weeds, trash, and debris.
18 17. 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.
20 18. Prior to the issuance of the building or grading permit, whichever occurs first, the
21 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 Planning Director, notifying all
22 interested parties and successors in interest that the City of Carlsbad has issued a Site
Development Plan, Conditional Use Permit and Coastal Development Permit by
Resolutions No. 4868, 4869, and 4870 on the real property owned by the Developer.
24 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
25 conditions or restrictions specified for inclusion in the Notice of Restriction. The
Planning Director has the authority to execute and record an amendment to the notice
26 which modifies or terminates said notice upon a showing of good cause by the Developer
or successor in interest.
28 19. The 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
PC RESO NO. 4868 -5-
Planning Director. Enclosure shall be of similar colors and/or materials to the project to
2 the satisfaction of the Planning Director.
3 20. 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 Planning Director of an Outdoor Storage Plan, and thereafter comply with the
approved plan.
21. The 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.
22. Compact parking spaces shall be located in large groups, and in locations clearly marked
n to the satisfaction of the Planning Director.
10 Engineering Conditions:
11 General
12 23. 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.
14
24. Prior to issuance of any building permit, Developer shall comply with the requirements of
the City's anti-graffiti program for wall treatments if and when such a program is
,, formally established by the City.lo
17 25. Developer shall install sight distance corridors at all street intersections in accordance
with Engineering Standards.
18
26. Developer shall cause property owner to execute and submit to the City Engineer for
1" recordation the City's standard form Geologic Failure Hold Harmless Agreement.
20 27. Developer shall cause property owner to execute and submit to the City Engineer for
21 recordation the City's standard form Drainage Hold Harmless Agreement regarding
drainage across the adjacent property.
22
28. Developer shall cause property owner to execute, record and submit a recorded copy to
the City Engineer, a deed restriction on the property which relates to the proposed cross
24 lot drainage as shown on the site plan. The deed restriction document shall be in a form
acceptable to the City Engineer and shall:
25
A. Clearly delineate the limits of the drainage course;
26
B. State that the drainage course is to be maintained in perpetuity by the underlying
property owner; and
28
C. State that all future use of the property along the drainage course will not restrict,
impede, divert or otherwise alter drainage flows in a manner that will result in
PC RESO NO. 4868 -6-
damage to the underlying and adjacent properties or the creation of a public
l"nuisance.
3 29. Prior to approval of any grading or building permits for this project, Developer shall
cause Owner to give written consent to the City Engineer to the annexation of the area
shown within the boundaries of the subdivision into the existing City of Carlsbad Street
Lighting and Landscaping District No. 1, on a form provided by the City Engineer.
5 30. Prior to the issuance of a grading permit or building permit, whichever occurs first,
Developer shall submit to the City Engineer proof that a Notice of Intention for the start
7 of work has been submitted to the State Water Resources Control Board.
o0 31. Upon completion of grading, Developer shall file an "as-graded" geologic plan with the
0 City Engineer. The plan shall clearly show all the geology as exposed by the grading
operation, all geologic corrective measures as actually constructed and must be based on
10 a contour map which represents both the pre and post site grading. The plan shall be
signed by both the soils engineer and the engineering geologist, and shall be submitted on
11 a 24" x 36" mylar or similar drafting film format suitable for a permanent record.
12 32. This project requires off site grading. No grading for private improvements shall occur
outside the limits of this approval unless Developer obtains, records and submits a
recorded copy to the City Engineer a grading or slope easement or agreement from the
14 owners of the affected properties. If Developer is unable to obtain the grading or slope
easement, or agreement, no grading permit will be issued. In that case Developer must
either apply for and obtain an amendment of this approval or modify the plans so grading
will not occur outside the project and apply for and obtain a finding of substantial
conformance from both the City Engineer and Planning Director.
17 33. Based upon a review of the proposed grading and the grading quantities shown on the site
18 plan, a grading permit for this project is required. Developer shall apply for and obtain a
grading permit from the City Engineer prior to issuance of a building permit for the
project.
34 . If a Grading Permit is required, all grading activities shall be planned in units that can be
21 completed by October 1st. Grading activities shall be limited to the "dry season", April
1st to October 1st of each year. Grading activities may be extended to November 15th
22 upon written approval of the City Engineer, obtained in advance, and only if all erosion
control measures are in place by October 1st.
24 35. Prior to building permit or grading permit issuance, whichever occurs first, Owner
shall dedicate to the City temporary slope, drainage and construction easements for
25 the future construction of Poinsettia Lane along the northwest corner of the project
site.
26 36. Additional drainage easements may be required. Developer shall dedicate and provide or
install drainage structures, as may be required by the City Engineer, prior to or concurrent
with any grading or building permit.
28 37. Developer shall provide the design of all private streets and drainage systems to the
satisfaction of the City Engineer. The structural section of all private streets shall conform
PC RESO NO. 4868 -7-
to City of Carlsbad Standards based on R-value tests. All private streets and drainage
2 systems shall be inspected by the City. Developer shall pay the standard improvement
plancheck and inspection fees.
3
38. Developer shall execute a City standard development Improvement Agreement to install
4 and secure with appropriate security as provided by law, public improvements shown on
the site plan and the following improvements including, but not limited to paving, base,
sidewalks, curbs and gutters, medians, grading, clearing and grubbing, sewer, water,
storm drain system, fire hydrants, street lights, retaining walls and reclaimed water, to
City Standards to the satisfaction of the City Engineer.
7
A. Poinsettia Lane to major arterial street standards.
8
0 B. Ambrosia Lane to collector street standards.
7
10 Improvements listed above shall be constructed within 18 months of approval of the
development improvement agreement or such other time as provided in said
*• agreement.
12 39. Developer shall have the entire drainage system designed, submitted to and approved by
13 the City Engineer, to ensure that runoff resulting from 10-year frequency storms of 6
hours and 24 hours duration under developed conditions, are equal to or less than the
14 runoff from a storm of the same frequency and duration under existing developed
conditions. Both 6 hour and 24 hour storm durations shall be analyzed to determine the
detention basin capacities necessary to accomplish the desired results.
16 40. Developer shall comply with the City's requirements of the National Pollutant Discharge
17 Elimination System (NPDES) permit. Developer shall provide improvements constructed
pursuant to best management practices as referenced in the "California Storm Water Best
Management Practices Handbook" to reduce surface pollutants to an acceptable level
prior to discharge to sensitive areas. Plans for such improvements shall be submitted to
and subject to the approval of the City Engineer. Said plans shall include but not be
20 limited to notifying prospective owners and tenants of the following:
21 A. All owners and tenants shall coordinate efforts to establish or work with
established disposal programs to remove and properly dispose of toxic and
hazardous waste products.
23 B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil,
24 antifreeze, solvents, paints, paint thinners, wood preservatives, and other such
fluids shall not be discharged into any street, public or private, or into storm drain
25 or storm water conveyance systems. Use and disposal of pesticides, fungicides,
herbicides, insecticides, fertilizers and other such chemical treatments shall meet
Federal, State, County and City requirements as prescribed in their respective
27 containers.
28 C. Best Management Practices shall be used to eliminate or reduce surface pollutants
when planning any changes to the landscaping and surface improvements.
PC RESO NO. 4868 -8-
41. Prior to occupancy, Developer shall install wheelchair ramps at the public street comers
2 abutting the project site in conformance with City of Carlsbad Standards.
3 42. Prior to building permit or grading permit issuance, whichever occurs first Developer
shall have design, apply for and obtain approval of the City Engineer, for 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.
The structural pavement design of the aisle ways shall be submitted together with
required R-value soil test information and approved by the City Engineer as part of the
building or grading plan review whichever occurs first.
7
Water Conditions;8
43. The developer shall meet with the City Fire Marshal and establish fire protection
requirements, fire hydrant locations and fire sprinkler systems.
10
44. The developer's engineer of work shall meet with the Deputy City Engineer - Utilities to
discuss preliminary layouts for public water line improvements and the fire detector
check valve location.
45. The developer shall place potable and recycled water meters in the public right-of-way.
14 46. All pipelines and appurtenances required for this project shall be within public right-of-
way or within easements granted to CMWD and/or the City of Carlsbad.
, 47. All landscaping shall be designed to be irrigated with recycled water in accordance with
CMWD standards and City ordinances.
17 Code Reminders:
18
48. The Developer shall pay a landscape plan check and inspection fee as required by Section
19 20.08.050 of the Carlsbad Municipal Code.
20 49. Approval of this request shall not excuse compliance with all applicable sections of the
21 Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
22
50. The project shall comply with the latest non-residential disabled access requirements
23 pursuant to Title 24 of the State Building Code.
24 51. Addresses, approved by the Building Official, shall be placed on all new and existing
25 buildings so as to be plainly visible from the street or access road; color of identification
and/or addresses shall contrast to their background color, as required by Carlsbad
26 Municipal Code Section 18.04.320.
27 52. Any signs proposed for this development shall at a minimum be designed in conformance
2g with the City's Sign Ordinance and shall require review and approval of the Planning
Director prior to installation of such signs.
PC RESO NO. 4868 -9-
53. Developer shall exercise special care during the construction phase of this project to
2 prevent offsite siltation. Planting and erosion control shall be provided in accordance
with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction
3 of the City Engineer.
4 NOTICE
5
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
7 "fees/exactions."
You have 90 days from date of final approval to protest imposition of these fees/exactions. If
8 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
1 „ follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
11
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
12 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
-i A a NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
15 "
16
17
18
19
20
21
22
23
24
25
26
27
28
PC RESO NO. 4868 -10-
1 PASSED, APPROVED AND ADOPTED at a regular meeting of the planning
2 Commission of the City of Carlsbad, California, held on the 15th day of November 2000, by the
3
following vote, to wit:
4
AYES: Chairperson Compas, Commissioners Baker, Heineman,
L'Heureux, Nielsen, Segall, and Trigas
6
NOES:
7
ABSENT:
9 ABSTAIN:
10
11
,- ^ —12 WILLIAM COMPAS, Chairperson
13 CARLSBAD PLANNING COMMISSION
14
ATTEST:
15
16
17 MICHAEL J.
Planning Director
18 "
19
20
21
22
23
24
25
26
27
28
PC RESO NO. 4868 -11-
1 PLANNING COMMISSION RESOLUTION NO. 4869
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO ALLOW THE
4 CONSTRUCTION AND OPERATION OF A 11,620 SQUARE
* FOOT CHURCH/DAYCARE FACILITY WITHIN AVIARA
PLANNING AREA 32B ON PROPERTY GENERALLY
<5 LOCATED AT THE SOUTHWEST CORNER OF POINSETTIA
LANE AND AMBROSIA LANE IN LOCAL FACILITIES
7 MANAGEMENT ZONE 19.
CASE NAME: DAYBREAK COMMUNITY CHURCH
8 CASE NO.: CUP 00-06
9 WHEREAS, Daybreak Community Church, "Developer'V'Owner", has filed a
10
verified application with the City of Carlsbad regarding property described as
11
Lot 8 of Carlsbad Tract No. CT 92-03, according to Map No.
13434, filed in the Office of the County Recorder on June 23,
13 1997, in the City of Carlsbad, County of San Diego, State of
California
14
("the Property"); and
WHEREAS, said verified application constitutes a request for a Conditional Use
17 Permit as shown on Exhibits "A" - "G" dated November 15, 2000, on file in the Carlsbad
18 Planning Department, DAYBREAK COMMUNITY CHURCH - CUP 00-06, as provided by
19 Chapter 21.42 of the Carlsbad Municipal Code; and
20 WHEREAS, the Planning Commission did, on the 15th day of November 2000,
21
hold a duly noticed public hearing as prescribed by law to consider said request; and
22
WHEREAS, at said public hearing, upon hearing and considering all testimony
^rj
24 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
25 relating to the CUP.
26 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
28
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
2 APPROVES DAYBREAK COMMUNITY CHURCH - CUP 00-06, based on
the following findings and subject to the following conditions:
3
Findings;
4
, 1. That the requested use is necessary or desirable for the development of the community, is
essentially in harmony with the various elements and objectives of the General Plan, and
is not detrimental to existing uses specifically permitted in the zone in which the
proposed use is located, in that the proposal provides worship and daycare services in
7 an area of the City lacking these facilities; the project will provide safe parking
areas and emergency access without encroaching into existing open space8
2. That the site for the intended use is adequate in size and shape to accommodate the use, in
that the proposed building and the required parking and landscaping can fit within
10 the boundaries of the developable area of the property, without need to encroach
into required setbacks or approved open space.
11
3. That all the 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 maintained, in that the project is completely surrounded by landscaping
and is placed within the buildable portion of the lot.
14
4. That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the proposal would generate a total of 165
additional average daily trips, which can be supported by Ambrosia Lane (a
collector street) and Poinsettia Lane (a major arterial roadway).
17
5. That it is to be developed as part of a master-planned recreation area, industrial park,
18 regional or community shopping center, in that the Aviara Master Plan limits the land
uses within Planning Area 32B to church and daycare uses.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to grading or
building permit, whichever occurs first.
22
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
25 future building permits; deny, revoke or further condition all certificates of occupancy
issued under the authority of approvals herein granted; institute and prosecute litigation to
26 compel their compliance with said conditions or seek damages for their violation. No
vested rights are gained by Developer or a successor hi interest by the City's approval of
27 this Conditional Use Permit.
28 2. 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
PC RESO NO. 4869 -2-
internally consistent and in conformity with the final action on the project. Development
2 shall occur substantially as shown on the approved Exhibits. Any proposed development
different from this approval, shall require an amendment to this approval.
3
3. The Developer shall comply with all applicable provisions of federal, state, and local
4 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
6 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
7 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.
9
5. The Developer/Operator shall and does hereby agree to indemnify, protect, defend and
10 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
11 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 non-
13 discretionary, in connection with the use contemplated herein, and (c)
Developer/Operator's installation and operation of the facility permitted hereby,
14 including without limitation, any and all liabilities arising from the emission by the
facility of electromagnetic fields or other energy waves or emissions.
15
6. This Conditional Use Permit shall be reviewed by the Planning Director on a yearly basis
to determine if all conditions of this permit have been met and that the use does not have
17 a substantial negative effect on surrounding properties or the public health and welfare. If
the Planning Director determines that the use has such substantial negative effects, the
18 Planning Director shall recommend that the Planning Commission, after providing the
permittee the opportunity to be heard, add additional conditions to reduce or eliminate the
*" substantial negative effects.
20 7. This Conditional Use Permit is granted for a period often (10) years. This permit may be
21 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
22 conditions imposed herein have not been met. This permit may be extended for a
reasonable period of time not to exceed ten (10) years upon written application of the
permittee made no less than 90 days prior to the expiration date. The Planning
24 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
25 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
26 substantially reduce such effects. There is no limit to the number of extensions the
Planning Commission may grant.
28 8. This approval is granted subject to the approval of SDP 00-06 and CDP 00-09 and is
subject to all conditions contained in Planning Commission Resolutions No. 4868 and
4870 for those other approvals.
PC RESO NO. 4869 -3-
1 NOTICE
2
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."
5 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
6 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.
9 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,
10 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
12 expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
13
Commission of the City of Carlsbad, California, held on the 15th day of November 2000 by the14
, , following vote, to wit:
AYES: Chairperson Compas, Commissioners Baker, Heineman,
L'Heureux, Nielsen, Segall, and Trigas
17
NOES:18
19 ABSENT:
20 ABSTAIN:
21
22 WILLIAM COMPAS, ChairpersonCARLSB;
24 ATTEST:
23 CARLSBAD PLANNING COMMISSION
MICHAEL J.
27 Planning Director
28
PC RESO NO. 4869 -4-
1 PLANNING COMMISSION RESOLUTION NO. 4870
2
A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVES COASTAL
DEVELOPMENT PERMIT CDP 00-09 TO ALLOW THE
4 CONSTRUCTION AND OPERATION OF A 11,620 SQUARE
FOOT CHURCH/DAYCARE FACILITY WITHIN AVIARA
PLANNING AREA 32B ON PROPERTY GENERALLY
6 LOCATED AT THE SOUTHWEST CORNER OF POINSETTIA
LAND AND AMBROSIA LANE IN LOCAL FACILITIES
7 MANAGEMENT ZONE 19.
CASE NAME: DAYBREAK COMMUNITY CHURCH
8 CASE NO.: CDP 00-09
9 WHEREAS, Daybreak Community Church, "Developer'V'Owner", has filed a
10
verified application with the City of Carlsbad regarding property described as
11
Lot 8 of Carlsbad Tract No. CT 92-03, according to Map No.
12 13434, filed in the Office of the County Recorder on June 23,
13 1997, in the City of Carlsbad, County of San Diego, State of
California
14
("the Property"); and
15
WHEREAS, said verified application constitutes a request for a Coastal
jy Development Permit as shown on Exhibits "A" - "G" dated November 15, 2000,on file in the
18 Planning Department, DAYBREAK COMMUNITY CHURCH - CDP 00-09 as provided by
19 Chapter 21.201.040 of the Carlsbad Municipal Code; and
20 WHEREAS, the Planning Commission did, on the 15th day of December 2000,
21 hold a duly noticed public hearing as prescribed by law to consider said request; and
22
WHEREAS, at said public hearing, upon hearing and considering all testimony
24 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
25 relating to the CDP.
26 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
27 Commission of the City of Carlsbad as follows:
28 A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
2 APPROVES DAYBREAK COMMUNITY CHURCH - CDP 00-09 based on
the following findings and subject to the following conditions:
3 Findings;
4 1. That the proposed development is in conformance with the Certified Local Coastal
Program and all applicable policies in that no prime agricultural lands exist on or near
the site; all adjacent environmentally sensitive habitats will remain in their
undisturbed state; no coastal access is or will be needed through or adjacent to the
project site; erosion will be controlled by grading in conformance with City
7 Standards; and there are no significant visual panoramas on site.
8 2. The proposal is in conformity with the public access and recreation policies of Chapter 3
of the Coastal Act in that it does not impact the existing sidewalk system and trail
system within the Aviara Master Plan.
3. The project site is not located in the Coastal Agriculture Overlay Zone, according to
Map X of the land Use Plan, certified September 1980 and, therefore, is not subject
to the provisions of the Coastal Agriculture Overlay Zone (Chapter 21.202 of the
12 Zoning Ordinance).
13 4. 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 and Storm Water Quality management Plan
and Grading Ordinance to avoid increased runoff and soil erosion; no steep slopes
exist within the project's development area; and the site is not prone to landslides or
16 susceptible to accelerated erosions, floods or liquefactions.
17 5. The project site is not located between the sea and the first public road parallel to
the sea and, therefore, is not subject to the provisions of the Coastal Shoreline
° Development Overlay Zone (Chapter 21.204 of the Zoning Ordinance).
19 6. The project is consistent with the provisions of the Coastal Resource Overlay Zone
20 Mello I Segment Ordinance (Chapter 21.205 of the Zoning Ordinance) in that no
additional mitigation, as contained in the certified EIR for the Aviara Master Plan
21 (EIR 83-02(A)), is needed and all required drainage and desiltation structures are in
place.22
Conditions:
24 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to grading or
building permit, whichever occurs first.
25
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
2g future building permits; deny, revoke or further condition all certificates of occupancy
issued under the authority of approvals herein granted; institute and prosecute litigation to
compel their compliance with said conditions or seek damages for their violation. No
PC RESO NO. 4870 -2-
vested rights are gained by Developer or a successor in interest by the City's approval of
2 this Coastal Development Permit.
3 2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Coastal Development 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.
6
3. The Developer shall comply with all applicable provisions of federal, state, and local
7 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
10 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.
12 5. The Developer/Operator shall and does hereby agree to indemnify, protect, defend and
13 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
14 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 Coastal Development Permit,
(b) City's approval or issuance of any permit or action, whether discretionary or non-
discretionary, in connection with the use contemplated herein, and (c)
Developer/Operator's installation and operation of the facility permitted hereby,
17 including without limitation, any and all liabilities arising from the emission by the
facility of electromagnetic fields or other energy waves or emissions.
18
6. This approval is granted subject to the approval of SDP 00-06 and CUP 00-06 and is
subject to all conditions contained in Planning Commission Resolutions No. 4868 and
2Q 4869 for those other approvals.
21 7. The applicant shall apply for and be issued building permits for this project within two
(2) years of approval or this coastal development permit will expire unless extended per
22 Section 21.201.210 of the Zoning Ordinance.
23 NOTICE
24
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."2o
27 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
28 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
PC RESO NO. 4870 -3-
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
2
25
26
27
28
annul their imposition.
3 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,
4 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
5 expired.
7 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
8 Commission of the City of Carlsbad, California, held on the 15th day of November 2000, by the
9 following vote, to wit:
10 AYES: Chairperson Compas, Commissioners Baker, Heineman,
11 L'Heureux, Nielsen, Segall, and Trigas
12 NOES:
13 ABSENT:
14
ABSTAIN:
15
16
17
18 W^j££<^**i/^^r^JA^t^
WILLIAM COMPAS, Chairper^n
19 CARLSBAD PLANNING COMMISSION
20
21 ATTEST:
22
23 MICHAEL J.
^. Planning Director
PC RESO NO. 4870 -4-
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