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Home My WebLink About2017-05-03; Planning Commission; ; AMEND 2016-0002 (DEV 2016-0068) – CHRISTIAN CITY CHURCH The City of Carlsbad Planning Division A REPORT TO THE PLANNING COMMISSION Item No. Application complete date: March 15, 2017 P.C. AGENDA OF: May 3, 2017 Project Planner: Austin Silva Project Engineer: Steve Bobbett SUBJECT: AMEND 2016-0002 (DEV 2016-0068) – CHRISTIAN CITY CHURCH – Request for an amendment to Conditional Use Permit CUP 10-09 to allow Christian City Church (C3 Church) to relocate Sunday school facilities from Building I to Building C in the Spectrum Flex industrial park within Planning Area 5 of the Bressi Ranch Master Plan located at 2708 Gateway Road in Local Facilities Management Zone 17. The City Planner has determined that the project belongs to a class of projects that the State Secretary of Resources has found do not have a significant impact on the environment, and is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15301 (Existing Facilities). I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 7239 APPROVING Conditional Use Permit Amendment (Project No. AMEND 2016-0002) based on the findings and subject to the conditions contained therein. II. PROJECT DESCRIPTION AND BACKGROUND This application is a request for an amendment to an existing Conditional Use Permit (CUP 10-09) that was approved by the Planning Commission on January 5, 2011. The amendment would allow C3 Church to move their Sunday school facilities from Building I to Building C in the Spectrum Flex industrial park located at 2708 Gateway Road. C3 Church will continue to retain ownership of Building I, and will continue to operate worship services there. The site is located within Planning Area 5 of the Bressi Ranch Master Plan, on the north side of Gateway Road, east of El Fuerte Road and west of Melrose Drive. Other businesses within the Spectrum Flex industrial park include a pet hospital (Bressi Ranch Pet Hospital), flooring showroom (Flooring America), aquatics center (Waterworks Aquatics), and a fitness center (Fortis Fitness/YogaLux). Tenant improvements to Building I will include removing the existing kitchen, expanding the women’s restroom, and expanding the existing coffee bar. The existing Sunday school meeting rooms in Building I will remain as classrooms for other church activities and for the Teen Youth gatherings on Friday nights. Tenant improvements to Building C, which totals 7,175 square feet, includes four classrooms, a children’s activity space, a play area, coffee shop, storage facilities, volunteer area, and restrooms. Sunday school will operate during the same hours as the worship assembly services (Sunday 8:00 AM – 12:00 PM & 5:00 PM – 10:00 PM) and the Friday Teen Youth group is held on Friday from 7:00 PM to 10:00 PM. The church is closed all other days of the week except for special events such as Christmas Day. It is anticipated that 10 staff members will work the Sunday school, which is consistent with the number of staff accounted for in CUP 10-09. No new employees will be added, rather, employees will move from Building I to Building C. 3 AMEND 2016-0002 (DEV 2016-0068) – CHRISTIAN CITY CHURCH May 3, 2017 Page 2 Table A below includes the General Plan designations, zoning and current land uses of the project site and surrounding properties. TABLE A Location General Plan Designation Zoning Current Land Use Site Planned Community (P-C) Planned Industrial (P-M) Warehouse North Planned Industrial (P-I) Planned Industrial (P-M) Manufacturing/Warehouse/Office South Planned Community (P-C) Planned Industrial (P-M) Gas station East Planned Community (P-C) Planned Industrial (P-M) Pizza Port distribution center and restaurant West P-C Local Shopping Center (L) Vacant III. ANALYSIS The proposed project is subject to the following plans, ordinances, standards, and policies: A. Planned Industrial (PI) General Plan Land Use Designation; B. Planned Industrial (P-M) Zone (C.M.C. Chapter 21.34); C. Bressi Ranch Master Plan (MP 178); D. Parking Ordinance (C.M.C. Chapter 21.44); E. Conditional Use Permit Regulations (C.M.C. Chapter 21.42) and F. Growth Management Ordinance (C.M.C. Chapter 21.90) The recommendation for approval of this project was developed by analyzing the project’s consistency with the applicable regulations and policies. The project’s compliance with each of the above regulations is discussed in the sections below. A. Planned Industrial General Plan Land Use Designation (PI) The project involves relocating the Sunday school facility to a different location within the same industrial complex for an existing church which has previously been determined to be in compliance with the General Plan. The site has a General Plan Land Use designation of Planned Industrial (PI). Per the Carlsbad General Plan Land Use Element Policy 2-P.29, places of worship are encouraged in areas designated as Planned Industrial. The proposed amendment to relocate Sunday school facilities will not cause the existing church to be inconsistent with the General Plan. B. Planned Industrial (P-M) Zone (C.M.C. Chapter 21.34) The proposed site is zoned Planned Industrial (P-M) and is therefore subject to the provisions of Chapter 21.34 of the Zoning Ordinance. Churches are permitted in the P-M Zone subject to approval of a Conditional Use Permit. The proposed amendment will relocate Sunday school facilities to a different building in the same industrial complex. The existing buildings comply with all setbacks, lot coverage, and height requirements, and only tenant improvements to the interior of the building are proposed. Parking is discussed in Section D below. AMEND 2016-0002 (DEV 2016-0068) – CHRISTIAN CITY CHURCH May 3, 2017 Page 3 C. Bressi Ranch Master Plan (MP 178) The planning area is currently designated (Land Use and Zoning) as Planned Industrial in the Bressi Ranch Master Plan. In addition, general development standards and design guidelines were established for the development of Bressi Ranch Planning Area 5. The existing eight building office park was designed and approved by the Planning Commission (CT 05-09/PUD 05-07/PIP 05-06) to meet all standards. The Christian City Church is proposing only interior tenant improvements for this project. D. Parking Ordinance (C.M.C. Chapter 21.44) The C3 Church will occupy two existing office/industrial buildings (Building I for church services and Building C for Sunday school) within the Spectrum Flex industrial park with a parking lot containing 278 parking spaces. The parking demand for both buildings will be highest during worship service on Sunday, when the demand for parking by other uses within the industrial park are low. Parking demand for the church is significantly lower during typical weekday business hours, as only the office/administration space within the church will be used. Pursuant to the parking ordinance, the parking requirement for the church located in Building I is one space per five fixed seats, or one space per 100 square feet of assembly area (whichever is greater). The church assembly area was approved with 413 fixed seats, which required a total of 93 parking spaces. A portion of Building I was being used for Sunday school, and required an additional 10 parking spaces for the Sunday school employees (one space per employee). In order to satisfy its parking requirement, a joint use parking agreement was approved for the church because its peak parking demand occurs on Sundays and Friday evenings, when the parking demand for other uses on site is low. The Spectrum Flex industrial park is a multi-ownership property, and the agreement is between all property owners and C3, LLC (C3 Church). The parking agreement gives C3 Church access to parking spaces throughout the property on weekends after 8:00 a.m. and before 10:00 p.m. The parking agreement is attached for reference. A breakdown of the existing businesses, their hours of operation and required parking is provided below in Table B. TABLE B Address Business Name Hours of Operation Parking Spaces Required 2700 Gateway Road Bressi Ranch Pet Hospital Monday-Sunday: 8:00 a.m.-5:00 p.m. 32 (everyday) 2702 Gateway Road Pacific CNC Machine Co. Monday-Friday: 8:00 a.m.-5:00 p.m. 18 (weekday) 5 (evening/weekend) 2704 Gateway Road Waterworks Swim Aquatics Monday-Friday: 8:00 a.m.-8:00 p.m. Saturday-Sunday: 8:00 a.m.-5:00 p.m. 32 (non-peak; weekdays) 44 (peak; evenings/weekends) 2706 Gateway Road RAD Vapor Monday-Friday: 10:00 a.m.-4:00 p.m. 18 (weekday) 2 (evening/weekend) 2706 Gateway Road The Five Elements Stone and Tile Monday-Friday: 8:00 a.m.-4:00 p.m. 19 (weekday) 3 (evening/weekend) 2709 Gateway Road C3 Church-Child Care (Proposed) Sunday: 8:00 a.m.-10:00 p.m. 10 AMEND 2016-0002 (DEV 2016-0068) – CHRISTIAN CITY CHURCH May 3, 2017 Page 4 Address Business Name Hours of Operation Parking Spaces Required 2712 Gateway Road Fortis Fitness and Strength Training & YOGALUX Monday, Tuesday & Wednesday: 5:30 a.m.-9:15 p.m. Thursday: 5:30 a.m.-8:00 p.m. Friday: 5:30 a.m.-6:30 p.m. Saturday-Sunday: 8:00 a.m.-1:00 p.m. 53 (everyday) 2716 Gateway Road C3 Church – North Campus Friday: 7:00 p.m.-10:00 p.m. Sunday: 8:00 a.m.-10:00 p.m. 41 (weekday) 83 (evening/weekend) 2718 Gateway Road Flooring America by Picketfence Design Co. Monday-Thursday: 9:00 a.m.-4:00 p.m. Friday: 9:00 a.m.-4:00 p.m. 17 (weekday) 5 (evening/weekend) Total Parking Required 230 (weekdays) 237 (evenings/weekends) Total Parking Provided 269 The parking requirement for the church will not change because no additional seats or square footage of assembly area are being added. Additionally, the children’s Sunday school attendance will not result in an increase in demand for church parking because the children will be driven to the facility by their parents who are attending worship services simultaneously. The number of Sunday school employees will not change with the relocation to Building C, and therefore, the total number of parking spaces required for these employees will remain at 10 spaces. The parking demand is provided in Table B below. TABLE B – PARKING REQUIREMENTS Use (Building) Parking Ratio Parking Spaces Required Assembly (Building I) 1 space/5 seats 83 Sunday School (Building C) 1 space/employee 10 TOTAL 93 E. Conditional Use Permit Regulations (C.M.C. Chapter 21.42) The proposed project is a use which is allowed in the Planned Industrial Zone (P-M) subject to the approval of a CUP. Chapter 21.42 of the Carlsbad Municipal Code requires that four findings be made in order to approve a conditional use permit. All of these findings can be made for this project as discussed below: 1. That the requested use is necessary or desirable for the development of the community, and is in harmony with the various elements and objectives of the General Plan in that church uses are encouraged by the General Plan Land Use Element and permitted by Conditional Use Permit in any zone in the city for the convenience of residents. The City's General Plan recognizes the need for this type of use and the proposed church use is consistent with the General Plan (Refer to Section "A") regarding the availability of community facility uses (including churches) for residents of Carlsbad. Further, the project site is located entirely out of the noise exposure range (less than 60 db CNEL) and safety zone six which is a compatible use as identified in the McClellan-Palomar Airport Land Use Compatibility Plan. AMEND 2016-0002 (DEV 2016-0068) – CHRISTIAN CITY CHURCH May 3, 2017 Page 5 2. That the requested use is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located in that the church is compatible with the existing surrounding pet hospital, aquatic fitness club, fitness center and office/industrial uses located on- site and within the P-M zone. The project has been designed to accommodate all required parking on-site and provides for adequate traffic circulation. Additionally, the church's hours of operation (weekday evening and Sunday) are essentially different than the neighboring office/industrial uses. The differing peak hours of operation will reduce or avoid potential conflicts with the existing fitness club, pet hospital, and aquatic fitness club. 3. That the site for the proposed conditional use is adequate in size and shape to accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer areas, landscaping and other development features prescribed in this code and required by the City Planner, planning commission or city council, in order to integrate the use with other uses in the neighborhood in that the Christian City Church will occupy a 7,175 square foot existing office/industrial building with existing onsite landscaping as previously approved under Planned Industrial Permit PIP 05-06. The proposed tenant improvements and minor exterior building modifications are in compliance with Fire Code regulations for public assembly use. Furthermore, the project complies with all of the required development standards of the P-M Zone. 4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use in that the project is provided access from Gateway Road, a local street, which intersects with El Fuerte, a neighborhood collector street, and is currently operating at an acceptable level of service. The Spectrum Flex office/industrial project was previously analyzed for traffic generation and the street system was designed to properly handle all traffic generated by the business park. The 100 average daily trips (ADTs) on weekdays and 400 ADTs on weekends (specifically Sunday) associated with this proposed Christian City Church can be accommodated by the existing street system. F. Growth Management Ordinance The church is located within Local Facilities Management Zone 17 in the southeast 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 C below. TABLE C – GROWTH MANAGEMENT COMPLIANCE STANDARD IMPACTS COMPLIANCE City Administration N/A Yes Library N/A Yes Waste Water Treatment 1EDU Yes Parks N/A Yes Drainage N/A Yes Circulation 100 (weekday) -400 (Friday night & weekend) ADT Yes Fire Station No. 5 Yes Open Space N/A Yes Schools N/A Yes Sewer Collection System 1 EDU Yes Water 803 GPD Yes AMEND 2016-0002 (DEV 2016-0068) – CHRISTIAN CITY CHURCH May 3, 2017 Page 6 IV. ENVIRONMENTAL REVIEW The City Planner has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to CEQA Section 15301 – Existing Facilities. A Notice of Exemption will be filed upon final project approval. ATTACHMENTS: 1. Planning Commission Resolution No. 7239 2. Location Map 3. Disclosure Form 4. Planning Commission Resolution No. 6747 dated January, 5, 2011 5. Joint Use Parking Agreement Dated April 14, 2011 6. Reduced Exhibits 7. Exhibits “A” – “F” dated May 3, 2017 GATEWAY RDEL FUERTE STPALOMAR A I R P O R T R D AMEND 2016-0002 C3 Church SITE MAP SITE E L C AMINO RE ALLA COSTA AV A L G A R DCARLSBAD B L C cicyof Carlsbad DISCLOSURE STATEMENT P-1(A) Devel opment Servi ces Planning Division 1635 Faraday Avenue (760} 602-4610 www.carlsbadca.gov 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: Person is defined as "Any individual, firm, co-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." ~gents 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, titles, 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.) Person Alicia Williams Corp/Part_C_3_C_h_u_r_ch _______ _ Title Manager Title ----------------------------Address 2708 Gateway Road, Building I, Carlsbad, CA 92009 Address ________________________ _ 2. OWNER (Not the owner's agent) P-1(A) 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, titles, 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.) Person ---------------------Corp/Part C3 Center, LLC Title ______________________ __ Title ____________________________ _ Address ____________________ _ Address 7620 Balboa Avenue San Diego, CA 92111 Page 1 of 2 Revised 07/10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 6747 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW CHRISTIAN CITY CHURCH TO OPERATE AND HOLD WORSHIP SERVICES IN AN EXISTING 11,080 SQUARE FOOT VA CANT OFFICE/INDUSTRIAL BUILDING (BUILDING "I") ON PROPERTY LOCATED AT 2716 GATEWAY ROAD WITHIN THE BRESS! RANCH MASTER PLAN, PLANNED INDUSTRIAL (P-M) ZONE, IN LOCAL FACILITIES MANAGEMENT ZONE 17. CASE NAME: CHRISTIAN CITY CHURCH CJXSE NO.: CUP 10-09 WHEREAS, C3 Center, LLC, "Developer/Owner" has filed a verified application with the City of Carlsbad regarding property described as Parcell: Lot 8 of Carlsbad Tract CT 05-09, in the City of Carlsbad, County of San Diego, State of California, according to the map thereof No. 15669, filed in the office of the County Recorder of said San Diego County, January 15, 2008 (APN: 213-263-16- 00); and Parcel2: Non-exclusive easements for access, parking and various other purposes as defined in declaration of covenants, conditions and restrictions and reciprocal easement agreement recorded July 31, 2007 as document no. 2007-510735 of official records ("the Property"); and WHEREAS, said verified application constitutes a request for a Conditional Use Permit as shown on Exhibits "A" -"D" dated January 5, 2011, on file in the Planning Department, CUP 10-09 -CHRISTIAN CITY CHURCH, as provided by Chapter 21.42 and/or 21.50 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on January 5, 2011, hold a duly noticed public hearing as prescribed by law to consider said request; and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the CUP. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission ofthe City of Carlsbad as follows: A) B) That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Commission APPROVES CUP 10-09 -CHRISTIAN CITY CHURCH, based on the following findings and subject to the following conditions: Findings: Note: These findings are not applicable to 1st Amendment uses; see Section 21.42.030.B 1. 2. That the requested use is necessary or desirable for the development of the community, and is in harmony with the various elements and objectives of the general plan, including, if applicable, the certified local coastal program, specific plan or master plan, in that church uses are encouraged by the General Plan Land Use Element and permitted by Conditional Use Permit in any zone in the city for the convenience of residents. The City's General Plan recognizes the need for this type of use and the proposed church use is consistent with the General Plan (Refer to Section "A") regarding the availability of community facility uses (including churches) for residents of Carlsbad. That the requested use is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located in that the proposed church is compatible with the existing surrounding veterinary clinic, aquatic fitness club and office/industrial uses located on-site and within the P-M zone. The project has been designed to accommodate all required parking on-site and provides for adequate traffic circulation. Additionally, the church's hours of operation (weekday evening and Sunday) are essentially different then the neighboring office/industrial uses. The differing peak hours of operation will reduce or avoid potential conflicts with the existing and recently approved permitted office/industrial uses, veterinary clinic and aquatic fitness club and the proposed church use. 3. That the site for the proposed conditional use is adequate in size and shape to accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer areas, landscaping and other development features prescribed in this code and required by the Planning Director, planning commission or city council, in order to integrate the use with other uses in the neighborhood, in that the Christian City Church will occupy a 11,080 square foot existing office/industrial building with existing onsite landscaping as previously approved under Planned Industrial Permit (PIP 05-06) and the proposed tenant improvements and minor exterior building modifications are in compliance PC RESO NO. 6747 · -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. 5. 6. with Fire Code regulations for public assembly use. Furthermore, the project complies with all of the required development standards of the P-M Zone and the proposed 11,080 square foot building space is adequate in size and shape to accommodate the proposed Christian City Church, as shown on Exhibit "A." That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the project is provided access from Gateway Road, a local street, which interests with El Fuerte, a collector street, and is currently operating at an acceptable level of service. The Spectrum Flex office project was previously analyzed for traffic generation and the street system was designed to properly handle all traffic generated by the office park. The 100 average daily trips (ADTs) on weekdays and 400 ADTs on weekends (specifically Sunday) associated with this proposed Christian City Church can be accommodated by the existing street system. That 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 -"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. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to building permit issuance. 1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future· building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their, violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Conditional Use Permit. 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 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. PC RESO NO. 6747 -3- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. 4. 5. 6. 7. 8. 9. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 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. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Conditional Use Permit, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of the Site Plan reflecting the conditions approved by the final decision-making body. Developer shall include, as part of the plans submitted for any permit plancheck, a reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing format (including any applicable Coastal Commission approvals). Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 17 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 10. This approval shall become null and void if building permits are not issued for this project within 36 months from the date of project approval. 11. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. 12. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, m PC RESO NO. 6747 -4- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 13. 14. 15. 16. substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Community Development and Planning. Developer shall report, in writing, to the Planning Director within 30 days, any address change from that which is shown on the permit application, any change in the telecommunications provider, or any transfer in ownership of the site. 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 17, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. Prior to the issuance of the building permits, Developer shall submit to the City a Notice of Restriction executed by the owner of the real property to be developed. Said notice is to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Conditional Use Permit by Resolution No. 6747 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 Planning Director 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. CUP 10-09 shall be reviewed by the Planning Director annually to determine if all conditions of this-permit have been met and that the use does not have a substantial negative effect on surrounding properties or the public health, safety and general welfare. If the Planning Director determines that: 1) the Conditional Use Permit was obtained by fraud or misrepresentation; or 2) the use for which such approval was granted is not being exercised; or 3) the Conditional Use Permit is being or recently has been exercised contrary to any of the terms or conditions of approval or the conditions of approval have not been met; or 4) the use for which such approval was granted has ceased to exist or has been suspended for one year or more; or 5) the use is in violation of any statute, ordinance, law or regulation; or 6) the use permitted by the Conditional Use Permit is being or has been so exercised as to be detrimental to the public health, safety or welfare or so as to constitute a nuisance, the Planning Director shall recommend that the Planning Commission hold a public hearing and after providing the permittee the opportunity to be heard, the Planning Commission may revoke and terminate the Conditional Use Permit in whole or in part, reaffirm the Conditional Use Permit, modify the conditions or impose new conditions. 17. This Conditional Use Permit is granted for a period of 10 years from January 5, 2011 through January 4, 2021. This permit may be revoked at any time after a public hearing, if it is found that the use has a substantial detrimental effect on surrounding land uses and the public's health and welfare, or the conditions imposed herein have not been met. PC RESO NO. 6747 -5- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 18. 19. 20. 21. Weekday use of the church facility, between the hours of 7 am and 6 pm, shall not include assembly use but may include other classes, prayer meetings, music rehearsals and other similar uses, provided that parking demand for such uses shall not exceed 41 spaces. On Sunday, the church will operate during the hours of 8 am -12 pm and 5 pm to 10 pm for church assembly services and Sunday school; parking spaces for the church will be limited to ninety-three (93) parking spaces (83 for the assembly area and 10 spaces for the Sunday school instructors). Occasional assemblies of the congregation may occur at other times such as Christmas Eve, Easter Sunday or for memorial services. These assemblies shall not occur on weekdays during normal business hours 8:00 AM -5:00 PM except for holidays. Prior to occupancy of the building for the Christian City Church use, all parties involved in the joint use of a parking lot shall provide evidence of agreement for such joint use by a proper legal instrument approved by the city attorney as to form and content. Such instrument, when approved as conforming to the provisions of this title, shall be recorded in the office of the county recorder and copies thereof filed with the Planning Director. Subsequent to the approval of CUP 10-09, an administrative Consistency Determination for PIP 05-06 is required to allow for the removal of 4 parking stalls and to add an additional landscape area and a new pervious patio area. 19 Engineering: 20 21 22 23 24 25 26 22. 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 treatment 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 storm water, receiving water or stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements. 27 Code Reminders: 28 23. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 24. The project shall comply with the latest nonresidential disabled access requirements pursuant to Title 24 of the California Building Code. 25. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. PC RESO NO. 6747 -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 26. 27. 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 Planning Director prior to installation of such signs. The project is subject to all applicable provisions of local ordinances, including but not limited to the following: Developer shall pay. traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on the site plan are for planning purposes only. NOTICE 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. PC RESO NO. 6747 -7- 11113 213-263-23-09-00' 213-263-23-1 0-00' 213-263-23-11-00, 213-263-23-12-00, 213-263-23-13-00, 213-263-23-14-00, 213-263-23-15-00, 213-263-23-16-00 CUP 10-09-Christian City Church B. WHEREAS, Spectrumflex is also the fee owner of that certain real property located on a portion of Lot 9 (APN's 213-263-21 through 213-263-23) on Gateway Road Carlsbad, California, and more particularly described on Exhibit "A" attached hereto (the Spectrumflex Owner's Association Parcel) and incorporated by this reference; and C. WHEREAS, LJR is the fee owner of that certain real property located on Lots 2- 4/Buildings B-E (APN's 213-263-10 through 213-263-12) at 2706, 2708 and 2710 Gateway Road, Carlsbad, California, and more particularly described on Exhibit "A" and shown on Exhibit "B" attached hereto (the LJR Parcels) and incorporated by this reference; and J-11-D. WHEREAS,~ Aquatic is the fee owner of that certain real property located on lot 1/Building A (APN 213-263-09) at 2704 Gateway Road Carlsbad, California, and more particularly described on Exhibit "A" and shown on Exhibit "B" attached hereto (the LA Aquatic Parcel) and incorporated by this reference: and E. WHEREAS, Campanil is the fee owner of that certain real property located on Lot 5/Building F (APN 213-263-13) at 2702 Gateway Road Carlsbad, California, and more particularly described on Exhibit "A" and shown on Exhibit "B" attached hereto (the Campanil Parcel) and incorporated by this reference; and F. WHEREAS, JJMZ is the fee owner of that certain real property located on Lot 6/Building G (APN 213-263-14) at 2700 Gateway Road Carlsbad, California, and more particularly described on Exhibit "A" and shown on Exhibit "B" attached hereto (the JJMZ Parcel) and incorporated by this reference; and G. WHEREAS, TK&C is the fee owner of that certain real property located on Lot ?/Building H (APN 213-263-15) at 2718 Gateway Road Carlsbad, California, and more particularly described on Exhibit "A" and shown on Exhibit "B" attached hereto (the TK&C Parcel) and incorporated by this reference; and Rev. 2/15/2011 11114 213-263-23-09-00' 213-263-23-1 0-00' 213-263-23-11-00, 213-263-23-12-00, 213-263-23-13-00, 213-263-23-14-00, 213-263-23-15-00, 213-263-23-16-00 CUP 10-09-Christian City Church H. WHEREAS, C3, LLC, is the "developer/owner" of that certain real property located on Lot 8/Building I (APN: 213-263-16-00) at 2716 Gateway Road Carlsbad, California, and more particularly described on Exhibit "A" and shown on Exhibit "B" attached hereto (the Christian City Church Parcel) and incorporated by this reference; and I. WHEREAS, the Spectrumflex Owner's Association Parcel, the LJR Parcels, the Campanil Parcel, the JJMZ Parcel, the TK&C Parcel and the Christian City Church Parcel are sometimes hereinafter referred to collectively as the "Parcels;" and J. WHEREAS, the Agreement contained herein shall constitute covenants, the burdens and benefits of which shall run with the land and bind each Owner and all successive owners of the real property described herein. Accordingly, by their acceptance of a deed or other instruments vesting in such owner fee title in any of the aforementioned parcel(s), the owner shall own such fee title subject to, and hereby covenants and agrees to be bound by, the covenants and obligations incumbent upon the owner of such real property as set forth herein and shall be entitled to all rights and benefits accruing to the owner of such real property hereunder; and K. WHEREAS, because at the time Spectrumflex Office/Industrial Park was approved for development it was not known what mixture of uses would occupy the 9 buildings on this site approved for development by CT 05-09/PUD 05-07/PIP 05-06. Parking for the site was based on the assumption that the 9 buildings would consist of 75 percent office, 15 percent manufacturing and 10 percent warehouse land uses. Based on this formula it was assumed that the Christian City Church Parcel with an area of 11,080 square feet would have a parking demand of 41 spaces of the 272 parking spaces in the parking area; and L. WHEREAS, Pursuant to Exhibit "B" attached hereto and incorporated by this reference, the Spectrumflex Owner's Association Parcel containing the Spectrumflex office/industrial plaza driveways and 272 parking spaces include non-exclusive easements for Rev. 2/15/2011 11115 213-263-23-09-00' 213-263-23-1 0-00' 213-263-23-11-00' 213-263-23-12-00' 213-263-23-13-00' 213-263-23-14-00' 213-263-23-15-00' 213-263-23-16-00 CUP 10-09-Christian City Church various purposes as set forth in Declaration of Covenants and Restrictions and Reciprocal Easement Agreement as recorded July 31,2007 as Instrument No. 2007-0510735 of Official Records; and M. WHEREAS, Pursuant to Exhibit "B" attached hereto and incorporated by this reference, the Christian City Church Parcel is Building I, Lot 8 containing approximately 11,080 square feet; and N. WHEREAS, as part of the review of Christian City Church -CUP 10-09 located at 2716 Gateway Road, it was determined that during peak hours of operation on weekends (primarily Sundays) after 8:00AM and before 1 OPM, this church use could generate the need for up to 93 parking spaces; and 0. WHEREAS the majority of other buildings on these parcels are occupied by or will be occupied by office, manufacturing and warehouse uses that will not be occupied after BAM or before 1 OPM on weekends; and P. WHEREAS, the Parcels are located adjacent to each other and access to the lots is achieved via Gateway Road; and Q. WHEREAS, this Agreement is intended to satisfy Condition No. 20 of the Conditions of Approval as set forth in Planning Commission Resolution No. 6747 for Christian City Church on January 5, 2011. R. NOW, THEREFORE, Spectrumflex Owner's Association, each individual Owner in the Spectrumflex Office/Industrial Park and C3, LLC "developer/owner" covenant and agree to the terms as follows: 1. Parking Spaces. Each owner has exclusive use of five parking spaces except C3, LLC which has only 1 parking space for exclusive use after eliminating 4 other parking spaces (total 41 restricted spaces). The remaining undivided total of 231 parking spaces shall be accessible, striped, and available 8:00AM to 5:00 PM for the employees, guests, etc., of the parcels shown on Exhibit "8". Each Owner hereby grants and conveys to the other Owners and to their respective successors and assigns a perpetual, non-exclusive easement for parking on Rev. 2/15/2011 cCOPYRIGHT 2016, Anthony Taylor AIA, Architect All rights reserved. It is unlawfull to copy in part or in whole, modify or share these contents without the express written consent of Anthony Taylor('&%$7,7/(6+((7'$7(6&$/(352-(&712$33529('7+(6('5$:,1*663(&,),&$7,216'(6,*16,'($6$1'5(35(6(17$7,216)281'+(5(,1$5(7+(62/(3523(57<2)7+($5&+,7(&7,7,681/$:)8/72&23<,13$5725,1:+2/(02',)<256+$5(7+(6(&217(176:,7+2877+((;35(66(':5,77(1&216(172)7+($5&+,7(&7$5&+,7(&7667$03&2168/7$17667$03)Architect+DZWKRUQH&RXUW6DQ0DUFRV&$3KRQH(PDLO FWDDQG\W#JPDLOFRP1R&1(5 ,7+,$/&$1,5)$'(QRKW*,$(5Q67(5\D7 URO5%\&(&7&DUOVEDG&DOLIRUQLD *DWHZD\5RDG%OG& %OG,AnthonyTaylor, AIA7,7/(6+((773URMHFW1XPEHU$SSURYHU1257+1257+67250:$7(535(9127(6C3 Christian Church2708 & 2716 Gateway RoadCarlsbad, California 92008CONDITIONAL USE PERMIT AMENDMENT,1'(;2)'5$:,1*6352-(&7'$7$3/$11,1*127(6$5&+,7(&785$/352-(&7',5(&725<6&23(2):25. 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It is unlawfull to copy in part or in whole, modify or share these contents without the express written consent of Anthony Taylor('&%$7,7/(6+((7'$7(6&$/(352-(&712$33529('7+(6('5$:,1*663(&,),&$7,216'(6,*16,'($6$1'5(35(6(17$7,216)281'+(5(,1$5(7+(62/(3523(57<2)7+($5&+,7(&7,7,681/$:)8/72&23<,13$5725,1:+2/(02',)<256+$5(7+(6(&217(176:,7+2877+((;35(66(':5,77(1&216(172)7+($5&+,7(&7$5&+,7(&7667$03&2168/7$17667$03)Architect+DZWKRUQH&RXUW6DQ0DUFRV&$3KRQH(PDLOFWDDQG\W#JPDLOFRP1R&1(5 ,7+,$/&$1,5)$'(QRKW*,$(5Q67(5\D7 URO5%\&(&7&DUOVEDG&DOLIRUQLD *DWHZD\5RDG%OG& %OG,AnthonyTaylor, AIA$VLQGLFDWHG6,7(3/$1$3URMHFW1XPEHU$SSURYHU($&&(66,%/(3$7+2)75$9(/3276,7(3/$1 ''(())**+,- $8',725,806)6($760(1:20(1&2))((/2%%<&/$665220&/$665220&/$665220&/$665220*5((1522067256)6)6) 6)6)6)6)'(/(7((;,67,1*.,7&+(1$1'(;3$1':20(165(675220'(/(7((;,67,1*&2))((%$5$1'5(3/$&(:,7+1(:/$5*(5&2))((%$5 (;,67,1*6($7,1*$5($6($76(;,67,1*(;,67,1*(;,67,1*(;,67,1*(;,67,1*(;,67,1*(;,67,1*(;,67,1*1(::$//6(;,67,1*:$//672%(5(029('(;,67,1*:$//6725(0$,1cCOPYRIGHT 2016, Anthony Taylor AIA, Architect All rights reserved. It is unlawfull to copy in part or in whole, modify or share these contents without the express written consent of Anthony Taylor('&%$7,7/(6+((7'$7(6&$/(352-(&712$33529('7+(6('5$:,1*663(&,),&$7,216'(6,*16,'($6$1'5(35(6(17$7,216)281'+(5(,1$5(7+(62/(3523(57<2)7+($5&+,7(&7,7,681/$:)8/72&23<,13$5725,1:+2/(02',)<256+$5(7+(6(&217(176:,7+2877+((;35(66(':5,77(1&216(172)7+($5&+,7(&7$5&+,7(&7667$03&2168/7$17667$03)Architect+DZWKRUQH&RXUW6DQ0DUFRV&$3KRQH(PDLOFWDDQG\W#JPDLOFRP1R&1(5 ,7+,$/&$1,5)$'(QRKW*,$(5Q67(5\D7 URO5%\&(&7&DUOVEDG&DOLIRUQLD *DWHZD\5RDG%OG& %OG,AnthonyTaylor, AIA$VLQGLFDWHG),567)/225,$3URMHFW1XPEHU$SSURYHU%8,/',1*,)/2253/$1 &21&5(7(7,7/83:$//&21&5(7(7,7/83:$//&21&5(7(7,7/83:$//&21&5(7(7,7/83:$//:$//7275$6+$5($29(5+($'&2,/,1*'2256 cCOPYRIGHT 2016, Anthony Taylor AIA, Architect All rights reserved. It is unlawfull to copy in part or in whole, modify or share these contents without the express written consent of Anthony Taylor('&%$7,7/(6+((7'$7(6&$/(352-(&712$33529('7+(6('5$:,1*663(&,),&$7,216'(6,*16,'($6$1'5(35(6(17$7,216)281'+(5(,1$5(7+(62/(3523(57<2)7+($5&+,7(&7,7,681/$:)8/72&23<,13$5725,1:+2/(02',)<256+$5(7+(6(&217(176:,7+2877+((;35(66(':5,77(1&216(172)7+($5&+,7(&7$5&+,7(&7667$03&2168/7$17667$03)Architect+DZWKRUQH&RXUW6DQ0DUFRV&$3KRQH(PDLOFWDDQG\W#JPDLOFRP1R&1(5 ,7+,$/&$1,5)$'(QRKW*,$(5Q67(5\D7 URO5%\&(&7&DUOVEDG&DOLIRUQLD *DWHZD\5RDG%OG& %OG,AnthonyTaylor, AIA (;7(5,25(/(9&$3URMHFW1XPEHU$SSURYHU1257+(/(9$7,21:(67(/(9$7,216287+(/(9$7,21($67(/(9$7,21 &$%$&%1257+(/(9$7,21 %8,/',1*,6&$/( ($67(/(9$7,21 %8,/',1*,6&$/( 6287+(/(9$7,21 %8,/',1*,6&$/( :(67(/(9$7,21 %8,/',1*,6&$/( 6287+(/(9$7,21 %8,/',1*,6&$/( &21&5(7(7,/783:$//&21&5(7(7,/783:$//&21&5(7(7,/783:$//&21&5(7(7,/783:$//&21&5(7(7,/783:$//&21&5(7(7,/783:$//29(5+($'&2,/,1*'225cCOPYRIGHT 2016, Anthony Taylor AIA, Architect All rights reserved. It is unlawfull to copy in part or in whole, modify or share these contents without the express written consent of Anthony Taylor('&%$7,7/(6+((7'$7(6&$/(352-(&712$33529('7+(6('5$:,1*663(&,),&$7,216'(6,*16,'($6$1'5(35(6(17$7,216)281'+(5(,1$5(7+(62/(3523(57<2)7+($5&+,7(&7,7,681/$:)8/72&23<,13$5725,1:+2/(02',)<256+$5(7+(6(&217(176:,7+2877+((;35(66(':5,77(1&216(172)7+($5&+,7(&7$5&+,7(&7667$03&2168/7$17667$03)Architect+DZWKRUQH&RXUW6DQ0DUFRV&$3KRQH(PDLOFWDDQG\W#JPDLOFRP1R&1(5 ,7+,$/&$1,5)$'(QRKW*,$(5Q67(5\D7 URO5%\&(&7&DUOVEDG&DOLIRUQLD *DWHZD\5RDG%OG& %OG,AnthonyTaylor, AIA (;7(5,25(/(9,$3URMHFW1XPEHU$SSURYHU