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HomeMy WebLinkAboutCDP 2022-0016; DAYBREAK COMMUNITY CHURCH SIGNAGE; Admin Decision LetterMINOR COASTAL DEVELOPMENT PERMIT NOTICE OF DECISION Ccityof Carlsbad 8FILE CGtl October 24, 2022 James Thayer Timeless Architecture 9891 Irvine Center Dr., Ste. 140 Irvine, CA 92618 RE: CDP 2022-0016 (DEV2022-0039)-DAYBREAK COMMUNITY CHURCH SIGNAGE Dear Mr. Thayer, The city has completed a review of the application for a Minor Coastal Development Permit for two new monument signs (CDP 2022-0016) located at Daybreak Community Church, 6515 Ambrosia Lane, APN 215-841-10-00. The monument signs are located on the church's Fisherman Drive and Ambrosia Lane frontages. The project site is located outside of the appeals jurisdiction of the California Coastal Commission. It is the City Planner's determination that the project, CDP 2022-0016 (DEV2022-0039) -DAYBREAK COMMUNITY CHURCH SIGNAGE, is consistent with the city's applicable Coastal Development Regulations (Chapters 21.201 -21.205) and with all other applicable city ordinances and policies. The City Planner, therefore, APPROVES this request based upon the following: 1. That the proposed development requires no discretionary approvals other than a Minor Coastal Development Permit. 2. That the development is in conformity with the public access and public recreation policies of Chapter 3 of the Coastal Act, in that no opportunities for coastal access are available from the subject site, nor are public recreation areas required of the project. 3. The proposed development will have no adverse effect on coastal resources, in that the monument signs will adhere to the city's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, BMP Design Manual and Jurisdictional Runoff Management Program (JRMP) to avoid increased urban run-off, pollutants and soil erosion; and will not involve construction on undevelopable steep slopes or impact native vegetation. The site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods, or liquefaction. Community Development Department Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 J442-339-2600 www.carlsbadca.gov CDP 2022-0016 (DEV2022-0039)-DAYBREAK COMMUNITY CHURCH SIGNAGE October 24, 2022 Pa e 2 4. That the proposed development is in conformance with the Mello I and Mello II Segments of the Certified Local Coastal Program and all applicable policies in that the project site is developed with a church, a conditionally-permitted use in the Aviara Master Plan. Monument signs are considered a permitted accessory use. As the project is not located adjacent to a beach or lagoon, the monument signs will not obstruct views of the coastline as seen from public lands or public rights..;of-way or otherwise damage the visual beauty of the coastal zone. Also, given that the site does not have any frontage along the coastline, no public opportunities for coastal shoreline access or water-oriented recreational activities are available. Furthermore, no agricultural uses exist on the site and the signs will not impact any sensitive resources located onsite. Lastly, the proposed monument signs are riot located in an area of known geologic instability or flood hazard. 5. That the request for a minor coastal development permit was adequately noticed at least ten (10) working days before the date of this decision pursuant to Section 21.201.080(6) and (C) of the Carlsbad Coastal Development Regulations. 6. That the City Planner has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15311(a) of the State CEQA Guidelines and will not have any adverse significant impact on the environment. More specifically, CEQA Section 15311(a) -Accessory Structures, is a Class 11 exemption that allows for the construction of onsite signs. In making this determination, the City Planner has found that the exceptions listed in Section 15300.2 of the State CEQA Guidelines do not apply to this project. · Conditions: 1. The City Planner does hereby APPROVE the Minor Coastal Development Permit, CDP 2022-0016, for the project entitled Daybreak Community Church Signage (Exhibits "A" -"D"), dated October 19, 2022, on file in the Planning Division and incorporated by this reference, subject to the conditions herein set forth. 2. 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 Minor Coastal Development Permit. 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Minor 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. 4. The Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 5. 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 CDP 2022-0016 (DEV2022-0039)-DAYBREAK COMMUNITY CHURCH SIGNAGE October 24, 2022 Pa e 3 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 con~ition complies with all requirements of law. 6. 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 Minor Coastal Development 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. 7. This approval shall become null and void if building permits are not issued for this project within 24 . months from the date of project approval. 8. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFO #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 1, 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. 9. Prior to the issuance of the building permit, Developer shall submit to the city a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the City Planner, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Minor Coastal Development Permiton the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The City Planner has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 10. 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. 11. 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. 12. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 17.04.060. Prior to submittal for a building permit, Developer shall submit a request for addressing to the Building Division. CDP 2022-0016 (DEV2022-0039)-DAYBREAK COMMUNITY CHURCH SIGNAGE October 24, 2022 Pa e 4 NOTICE This decision may be appealed by you or any member of the public to the Planning Commission within ten days of receipt of this letter. Appeals must be submitted in writing to the Planning Commission at 1635 Faraday Avenue in Carlsbad, along with a payment of $847.00 plus notice fees. The filing of such appeal within such time limit shall stay the effective date of the order of the City Planner until such time as a final decision on the appeal is reached. 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 • I 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. If you have any questions regarding this matter, please feel free to contact Shannon Harker at (442) 339- 2621 or by email at shannon.harker@carlsbadca.gov. CITY OF CARLSBAD CLIFF JONES Principal Planner CJ:SH:JC c: Jason Graves, Daybreak Community Church, 6515 Ambrosia Lane, Carlsbad, CA 92011 Eric Lardy, City Planner Nichole Fine, Project Engineer Laserfiche/File Copy Data Entry