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HomeMy WebLinkAbout2012-11-07; Planning Commission; ; CUP 10-12A - NEW JEWISH COMMUNITY COMPLEX BASEMENTThe City of Carlsbad Planning Division A REPORT TO THE PLANNING COMMISSION P.C. AGENDA OF: November 7, 2012 ItemNo. 0 Application complete date: September 10, 2012 Project Planner: Christer Westman Project Engineer: Steve Bobbett SUBJECT: CUP 10-12(A) -NEW JEWISH COMMUNITY COMPLEX BASEMENT - Request for a Conditional Use Permit Amendment to allow the addition of a full 4,412 square foot basement to a previously approved 3,023 square foot modular 01thodox Jewish synagogue structure and associated 483 square foot modular restr·oom str11cture for the Chabad at La Costa on prope1iy located at 1980 La Costa Avenue in the Local Commercial (CL) Zone, in Local Facilities Management Zone 6. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 6925 APPROVING CUP 10-12(A) based upon the fmdings and subject to the conditions contained therein. II. INTRODUCTION This application is a request for a Conditional Use Pennit amendment to allow for the addition of a fully improved basement below the approved floor of a new modular complex for the Chabad at La Costa. The Chabad at La Costa, as approved, includes a sanctuary, library, study rooms, offices, kitchen and bathrooms on prope1iy located at 1980 La Costa A venue in the Local Shopping Center (C-L) Zone. The project's parking requirement, including the basement addition, is proposed to be satisfied through the provision of the approved 12 on-site parking spaces. Findings have been provided recommending approval of this Conditional Use Pennit amendment. III. PROJECT DESCRIPTION AND BACKGROUND The project site is located on the north side of La Costa A venue approximately 600 feet to the east of the La Costa Avenue/El Camino Real intersection. The project site is east and adjacent to the Albe1isons shopping center, open space to the south and east, and the Leucadia Wastewater Distr·ict offices to the n01ih. On the south side of La Costa A venue are landscaped n01ih facing slopes that are approximately 300 feet wide and 110 feet tall. Access to the site is from a single driveway location on La Costa A venue. This access is shared with the La Costa Res01i and Spa for access to their golf course and satellite maintenance yard. The General Plan designation for the .37 acre site is Local Shopping Center (L) and the Zoning designation is Local Shopping Center (C-L). With the approval of CUP 10-12 in Janumy 2011, the applicant received approval to remove a 2,127 square foot modulm· synagogue structure from the site and replace it with a new 3,023 squm·e foot modulm· synagogue stmcture, a 483 squm·e CUP 10-12(A) – NEW JEWISH COMMUNITY COMPLEX BASEMENT November 7, 2012 Page 2 foot modular restroom structure, a covered patio located between the modular units, a raised outdoor deck, outdoor play area, and revise the existing parking lot to accommodate 12 parking spaces. The approved synagogue structure includes a sanctuary, offices, library, study rooms, and a, kitchen. Synagogues are an allowed use in the C-L Zone subject to approval of a Conditional Use Permit (CUP). The basement project is merely an addition to the synagogue and therefore not considered a new or separate use but subject to an amendment of the originally approved CUP. All findings required for approving an amendment to the CUP are the same as those required for the originally approved CUP and the same findings that were made for the original approval can be made for this basement addition project. The Planning Division is recommending that the Conditional Use Permit Amendment (CUP 10-12A) be approved without an expiration date since the original CUP does not have an expiration date. The above ground modular structures will have permanent foundations which make up the exterior walls of the basement addition. The proposed basement is entirely below the floor elevation of the approved above ground structures. The interior of the basement will be finished with drywall and paint typical to commercial structures. The basement space will be used mostly for youth play area. Additional space will be dedicated to library, office and study space, bathrooms, and a rest/lounge area. IV. ANALYSIS The proposed project is subject to the following plans, ordinances, standards, and policies: A. Local Shopping Center (L) General Plan Land Use Designation; B. Local Shopping Center (C-L) Zone (C.M.C. Chapter 21.31); C. Parking Ordinance (C.M.C. Chapter 21.44); D. Conditional Use Permit Regulations (C.M.C. Chapter 21.42); and E. 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. General Plan Compliance The project complies with the General Plan. The site has a General Plan Land Use designation of Local Shopping Center (L). Per the Carlsbad General Plan Land Use Element, places of worship are encouraged in that they create diversity in land uses within the city. No changes are being proposed to either the General Plan or Zoning. The project complies with all elements of the General Plan as illustrated in Table 1. CUP 10-12(A) – NEW JEWISH COMMUNITY COMPLEX BASEMENT November 7, 2012 Page 3 TABLE 1 – GENERAL PLAN COMPLIANCE ELEMENT USE, CLASSIFICATION, GOAL, OBJECTIVE OR PROGRAM PROPOSED USES & IMPROVEMENTS COMPLY Land Use USE: The site is designated for Local Shopping Center (L). POLICY: Provide for a sufficient diversity of land uses so that schools, parks and recreational areas, churches (synagogues) and neighborhood shopping centers are available in close proximity to each resident of the city. The General Plan encourages places of worship in any Land Use designation where needed. Places of worship are a conditionally permitted use in any zone for the convenience of the surrounding residents. The addition of a basement to the previously approved synagogue will maintain diversity in land uses within the city. Yes Circulation To provide an adequate circulation infrastructure concurrent with or prior to the actual demand for such facilities. To provide safe, adequate and attractively landscaped parking facilities. All public facilities, including curb, gutter, sidewalk and roadway exists along the south property line on La Costa Avenue, a secondary arterial street. The project is not adding additional driveway cuts, intersections, or conflicting traffic movements. The project is approved with 12 spaces. It will also be fully landscaped. Please see Table 2 for parking compliance. Yes Noise Use is conditionally acceptable within the 60-65 CNEL, dB noise contours. Maximum interior 45 Leq(h) dB(A) noise level. The synagogue use including the basement addition is conditionally acceptable within the 60-65 CNEL dB noise contours. The interior noise level of the basement addition will not exceed 45 Leq(h) dB(A). Yes Open Space/ Conservation Utilize Best Management Practices for control of storm water and to protect water quality. The project will conform to all National Pollution Discharge Elimination Standards (NPDES) as well as the City’s most up-to- date Stormwater Management Regulations. Yes CUP 10-12(A) – NEW JEWISH COMMUNITY COMPLEX BASEMENT November 7, 2012 Page 4 TABLE 1 – GENERAL PLAN COMPLIANCE CONTINUED ELEMENT USE, CLASSIFICATION, GOAL, OBJECTIVE OR PROGRAM PROPOSED USES & IMPROVEMENTS COMPLY Public Safety Enforce the Uniform Building Code and Fire Codes adopted by the City to provide fire protection standards for all existing and proposed structures. Review new development proposals to consider emergency access, fire hydrant locations, fire flow requirements, and wildland fire hazards. The basement addition project requires the issuance of a building permit prior to any building construction activity (tenant improvements), whereby the building is reviewed against the Uniform Building Code and Fire Codes to ensure that all applicable fire protection measures are appropriately incorporated into the final building design. The basement addition project has been designed in consultation with the City’s Fire Department and is consistent with all applicable regulations pertaining to emergency access, fire flow, fire hydrant locations, and wildland fire hazards. Yes B. Local Shopping Center (C-L) Zone (C.M.C. Chapter 21.31) The New Jewish Community Complex property is zoned Local Shopping Center (C-L). However, the approved facility and property is not a part of an existing local shopping center, nor is the .37 acre property large enough to redevelop as a local shopping center. Section 21.31.080 (B) of the Carlsbad Municipal Code states that no site less than 4 acres in size shall be included in the C-L Zone. Given this unique circumstance, some development standards typically applied to the development or redevelopment of a local shopping center are clearly not applicable to the synagogue use and basement addition project (including the provision of employee eating areas, creation of a sign program, and the provision of recycling areas). In addition, the project site has a unique football shape that was created when the adjacent Albertsons shopping center was developed and it includes a significant site visibility corridor easement which diminishes the onsite area that may be developed. The site visibility easement covers a triangular section of the otherwise buildable portion of the site adjacent to La Costa Avenue. The easement was established for the benefit of the adjacent Albertsons shopping center. Therefore a variance was granted and the project was not required to comply with the minimum setbacks required from the La Costa Avenue right-of-way and the rear property line. The basement addition project is fully beneath the above ground structure and therefore also meets the required building setbacks. Regardless, the proposed basement addition will not encroach into the site visibility corridor nor will it encroach any further into the front yard setback than what was allowed for the previously approved above ground structure. CUP 10-12(A) – NEW JEWISH COMMUNITY COMPLEX BASEMENT November 7, 2012 Page 5 Table 2 below indicates how the previously approved above ground portion of the project complies with all applicable development standards of the C-L Zone. TABLE 2 – C-L ZONE DEVELOPMENT STANDARDS C-L Standards Required Proposed Height Limit 35 Feet 31.75 Feet Yards Front: (La Costa Avenue) 15 Feet Rear: 10 Feet Front: 0.7 – 19.0 Feet Rear: 5.6 - 25 Feet Landscaping Pursuant to Carlsbad Landscape Manual and Chapter 21.44 (Parking) Complies Walls and Fences Maximum height of 6 feet Complies Lighting Required for parking areas, walkways, building entrances and exits. Complies Roof Appurtenances Shielded from view Complies: None proposed Trash Enclosures Must be screened Complies Loading Areas and Docks Must be screened Complies: None proposed Parking See Chapter 21.44 (Parking) Complies (See Section C of Staff Report) C. Parking Ordinance (C.M.C. Chapter 21.44) The New Jewish Community Complex as approved will occupy new building space of 3,506 square feet and the proposed basement addition will add 4,412 square feet for a total of 7,918 square feet. However, parking is required only for the assembly area which is 1,120 square feet and bench seating large enough for 56 persons. Pursuant to Chapter 21.44 of the CMC, the parking requirement for a church facility is 1 space per 5 fixed seats or 1 space per 100 square feet of assembly area (whichever is greater). Implementation of either standard results in the minimum parking requirement of 12 spaces. The addition of the basement space will not require additional parking spaces. The provision of 12 parking stalls is consistent with the Carlsbad Municipal Code (CMC) Parking Ordinance, Chapter 21.44 and satisfies the minimum parking requirement. In addition to the provision of the minimum required number of parking stalls per the Parking Ordinance, Chapter 21.44, the applicant has stated that they wish to enhance their parking capacity by providing a valet parking service on occasion. According to the applicant, the use of a valet to park and move vehicles in a tandem configuration as needed could increase the onsite capacity to 24 spaces. D. Conditional Use Permit Regulations (C.M.C. Chapter 21.42) The Jewish Community Complex including basement is a use which is allowed in the Local Shopping Center Zone (C-L) subject to the approval of a Conditional Use Permit. The purpose of the Conditional Use Permit is to allow special consideration for certain uses to be located in zones other than those in which they are classified as permitted to assure compatibility within the CUP 10-12(A) – NEW JEWISH COMMUNITY COMPLEX BASEMENT November 7, 2012 Page 6 zone and its surroundings because of their particular characteristics. The privileges and conditions of a Conditional Use Permit are a covenant that runs with the land, and, in addition to binding the permittee, bind each successor in interest. Chapter 21.42 of the Carlsbad Municipal Code requires that four findings be made in order to approve a Conditional Use Permit and subsequent amendments. All of the required findings can be made 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, including, if applicable, the certified local coastal program, specific plan or master plan, in that places of worship 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 approved New Jewish Community Complex and proposed basement addition are consistent with the General Plan regarding the availability of community facility uses (including synagogues) for residents of Carlsbad. 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 approved New Jewish Community Complex and proposed basement addition is compatible with the existing surrounding La Costa resort, water district offices and shopping center and the basement addition to the facility will not change any significant operational function that would disrupt the existing harmony with surrounding land uses. The site has been designed to accommodate all required parking and provides for adequate traffic circulation. 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 New Jewish Community Complex has been approved with two modular buildings with a total of 3,506 square feet of building area and a basement addition of 4,412 square feet is proposed, onsite landscaping is provided as well as access from La Costa Avenue and parking. 4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the site has access from La Costa Avenue, a secondary arterial street, which is currently operating at an acceptable level of service. The New Jewish Community Complex basement addition will have no significant increased impact on the existing roadway. The Chabad at La Costa estimated existing ADT is 32 and the basement addition is estimated to increase the ADT by 40. The current ADT for this section of La Costa Avenue is approximately 19,000 ADT and designed to accommodate 10,000 to 20,000 ADT. E. Growth Management Ordinance (C.M.C. Chapter 21.90) The project site is located within Local Facilities Management Zone 6 in the southeast quadrant of the City. The impacts on public facilities created by the basement addition project and its compliance with the adopted performance standards are summarized in Table 3 below. CUP 10-12(A) – NEW JEWISH COMMUNITY COMPLEX BASEMENT November 7, 2012 Page 7 TABLE 3 Growth Management Compliance STANDARD IMPACTS COMPLIANCE City Administration N/A Yes Library N/A Yes Waste Water Treatment 2.5 EDU Yes Parks N/A Yes Drainage 1 CFS/Basin D Yes Circulation 40 ADT Yes Fire Station No. 2 Yes Open Space N/A Yes Schools N/A Yes Sewer Collection System 2.5 EDU Yes Water 1,024 GPD Yes V. ENVIRONMENTAL REVIEW The project qualifies as a CEQA Guidelines Section 15332 (In-Fill Development Projects) Class 32 Categorical Exemption. The project is consistent with the General Plan as well as with the Zoning Ordinance, the project site is within the City limits, is less than 5 acres in size, and is surrounded by urban uses; there is no evidence that the site has value as habitat for endangered, rare, or threatened species; approval of the project will not result in significant effects relating to traffic, noise, air quality, or water quality; and the site can be adequately served by all required utilities and public services. The project is exempt from further environmental documentation pursuant to Section 15332 of the State CEQA guidelines. A Notice of Exemption shall be filed with the County Clerk upon project approval. ATTACHMENTS: 1. Planning Commission Resolution No. 6925 2. Location Map 3. Disclosure Statement 4. Background Data Sheet 5. Local Facilities Impact Assessment Form 6. Planning Commission Resolution No. 6776 dated June 1, 2011 7. Reduced Exhibits 8. Exhibits “A-E” dated November 7, 2012 • N NOT TO SCALE New Jewish Community Complex Basement CUP 10-12(A) Revised 01/06 BACKGROUND DATA SHEET CASE NO: CUP 10-12(A) CASE NAME: NEW JEWISH COMMUNITY COMPLEX BASEMENT APPLICANT: Chabad at La Costa REQUEST AND LOCATION: Request for a Conditional Use Permit Amendment to allow the addition of a 4,412 square foot basement to the installation of a previously approved 3,023 square foot modular orthodox Jewish synagogue structure and associated 483 square foot modular restroom structure for the Chabad at La Costa on property located at 1980 La Costa Avenue in the Local Commercial (CL) Zone, in Local Facilities Management Zone 6. LEGAL DESCRIPTION: Lot 8 of Carlsbad tract No. 97-09, La Costa Lucky Sav-On Shopping Center #121-283, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 14038, filed in the office of the County Recorder of San Diego County, September 15, 2000. APN: 216-580-08-00 Acres: 0.37 Proposed No. of Lots/Units: N/A GENERAL PLAN AND ZONING Existing Land Use Designation: Local Shopping Center Proposed Land Use Designation: N/A Density Allowed: N/A Density Proposed: N/A Existing Zone: C-L Proposed Zone: N/A Surrounding Zoning, General Plan and Land Use: Zoning General Plan Current Land Use Site C-L L Chabad at La Costa North C-2 U Leucadia Wastewater District Office South OS OS Open Space East PC OS Open Space West C-L L Albertsons Center LOCAL COASTAL PROGRAM Coastal Zone: Yes No Local Coastal Program Segment: N/A Within Appeal Jurisdiction: Yes No Coastal Development Permit: Yes No Local Coastal Program Amendment: Yes No Existing LCP Land Use Designation: N/A Proposed LCP Land Use Designation: N/A Existing LCP Zone: N/A Proposed LCP Zone: N/A Revised 01/06 PUBLIC FACILITIES School District: Encinitas/San Dieguito Water District: Carlsbad Sewer District: Leucadia Equivalent Dwelling Units (Sewer Capacity): 4.8 ENVIRONMENTAL IMPACT ASSESSMENT Categorical Exemption, Infill Section 15332 Negative Declaration, issued N/A Certified Environmental Impact Report, dated N/A Other, N/A CITY OF CARLSBAD GROWTH MANAGEMENT PROGRAM LOCAL FACILITIES IMPACTS ASSESSMENT FORM PROJECT IDENTITY AND IMPACT ASSESSMENT: FILE NAME AND NO: New Jewish Community Complex Basement – CUP 10-12(A) LOCAL FACILITY MANAGEMENT ZONE: 6 GENERAL PLAN: L ZONING: C-L DEVELOPER’S NAME: Chabad at La Costa ADDRESS: 1980 La Costa Avenue, Carlsbad, CA 92009 PHONE NO.: 760-806-0040 ASSESSOR’S PARCEL NO.: 216-580-08-00 QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 4,412 SQ. FT./0.37 AC. A. City Administrative Facilities: Demand in Square Footage = N/A B. Library: Demand in Square Footage = N/A C. Wastewater Treatment Capacity 2.5 D. Park: Demand in Acreage = N/A E. Drainage: Demand in CFS = 1.0 Identify Drainage Basin = D F. Circulation: Demand in ADT = 40 G. Fire: Served by Fire Station No. = 2 H. Open Space: Acreage Provided = N/A I. Schools: N/A J. Sewer: Demands in EDU 2.5 Identify Sub Basin = J K. Water: Demand in GPD = 1024 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. 6776 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW THE REMOVAL OF AN EXISTING 2,127 SQUARE FOOT MODULAR ORTHODOX JEWISH SYNAGOGUE STRUCTURE AND THE INSTALLATION OF A NEW 3,023 SQUARE FOOT MODULAR ORTHODOX JEWISH SYNAGOGUE STRUCTURE AND ASSOCIATED 483 SQUARE FOOT MODULAR RESTROOM STRUCTURE FOR THE CHABAD AT LA COSTA ON PROPERTY LOCATED AT 1980 LA COSTA AVENUE IN THE LOCAL COMMERCIAL (CL) ZONE, IN LOCAL FACILITIES MANAGEMENT ZONE 6. CASE NAME: NEW JEWISH COMMUNITY COMPLEX CASE NO.: CUP 10-12 WHEREAS, Chabad at La Costa, "Developer/Owner," has filed a verified application with the City of Carlsbad regarding property described as Lot 8 of Carlsbad Tract No. 97-09, La Costa LUCKY SA V-ON Shopping Center # 121-283, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 14038, filed in the office of the County Recorder of San Diego County, September 15, 2000 as instrument No. 00-496121 of official records ("the Property"); and WHEREAS, said verified application constitutes a request for a Conditional Use Permit as shown on Exhibits "A" -"N" dated June 1, 2011, on file in the Planning Department, CUP 10-12-NEW JEWISH COMMUNITY COMPLEX, as provided by Chapter 21.42 and/or 21.50 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on June 1, 2011, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the CUP. 2 3 4 5 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the 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 10-12-NEW JEWISH COMMUNITY COMPLEX, based 6 on the following findings and subject to the following conditions: 7 Findings: 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. 2. 3. 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 places of worship 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 New Jewish Community Complex is consistent with the General Plan regarding the availability of community facility uses (including synagogues) 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 New Jewish Community Complex is compatible with the existing surrounding La Costa resort, water district offices and shopping center and the renovation of the facility will not change any significant operational function that would disrupt the existing harmony with surrounding land uses. The project has been designed to accommodate all required parking on-site and provides for adequate traffic circulation. 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 New Jewish Community Complex will occupy two modular buildings with a total of 3,506 square feet of building area, onsite landscaping, access from La Costa A venue and parking. The site, created with the subdivision of the adjacent shopping center property, is uncommonly shaped and has an additional site restriction to development in the form of a triangular site visibility corridor along the La Costa Avenue frontage. Given these unique circumstances, reduced front yard and rear yard setback requirements are appropriate for the development of the site and are illustrated on the project exhibits "A"-"N" dated June 1, 2011. 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 La Costa Avenue, a secondary arterial street, which is currently operating at an acceptable level of service. The New Jewish Community Complex replaces an existing facility PC RESO NO. 6776 -2- 2 3 4 5 6 7 8 9 10 11 12 5. 6. and will therefore have no significant increased impact on the existing roadway. The Chabad at La Costa is estimated to have an existing ADT of 19 and the new facility is estimated to have an ADT of 32, a 13 ADT increase. The current ADT for this section of La Costa Avenue is approximately 19,000 ADT. 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 15332 -"lnfill Development Projects" 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: 13 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to building 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. 2. 3. 4. permit issuance. 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. 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. 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. PC RESO NO. 6776 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. 6. 7. 8. 9. 10. 11. 12. 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 Encinitas and San Dieguito Unified School Districts 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 6 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 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. 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. 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 6, 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. 13. Prior to the issuance of the building permit, 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 PC RESO NO. 6776 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 14. 15. 16. Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Conditional Use Permit by Resolution No. 6776 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 10-12 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. This Conditional Use Permit is granted without an expiration date. 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. Prior to the issuance of a building permit the applicant shall demonstrate that the building materials and construction methods will limit the interior noise levels with the windows closed to 45 Leq(h) dB(A) or less. Engineering: 17. 18. Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed development, must be met prior to approval of a building or grading permit whichever occurs first. 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. PC RESO NO. 6776 -5- 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 19. 20. 21. This" project is approved upon the express condition that building permits will not be issued for the development of the subject property, unless the district engineer has determined that adequate water facilities are available at the time of permit issuance and will continue to be available until time of occupancy. Developer shall include rain gutters on the building plans subject to the city engineer's review and approval. Developer shall install rain gutters in accordance with said plans. Developer shall install sight distance corridors at all street intersections and driveways in accordance with City Engineering Standards. The property owner shall maintain this condition. Fees/ Agreements 22. 23. 24. 25. Developer shall cause property owner to execute and submit to the city engineer for recordation, the city's standard form Geologic Failure Hold Harmless Agreement. Developer shall cause property owner to execute and submit to the city engineer for recordation the city's standard form Drainage Hold Harmless Agreement. Developer shall cause property owner to apply for, execute, and submit, to the city engineer for recordation, an Encroachment Agreement covering private grasscrete, 7" PCC structural pavement, PCC curb and gutter located over existing public right-of-way or easements as shown on the Site Plan. Developer shall pay processing fees per the city's latest fee schedule. Prior to approval of any grading or building permits for this project, developer shall cause owner to give written consent to the city engineer for the annexation of the area shown within the boundaries of the Site Plan into the existing City of Carlsbad Street Lighting and Landscaping District No. 1 and/or to the formation or annexation into an additional Street Lighting and Landscaping District. Said written consent shall be on a form provided by the city engineer. Grading 26. 27. 28. Based upon a review of the proposed grading and the grading quantities shown on the Site Plan, a grading permit for this project is required. Developer shall prepare and submit plans and technical studies/reports, for city engineer review, and shall pay all applicable grading plan review fees per the city's latest fee schedule. Developer shall apply for and obtain a grading permit from the city engineer. Developer shall pay all applicable grading permit fees per the city's latest fee schedule and shall post security per City Code requirements. Developer shall comply with the city's Stormwater Regulations, latest version, and shall implement best management practices at all times. Best management practices include but are not limited to pollution control practices or devices, erosion control to prevent silt runoff during construction, general housekeeping practices, pollution prevention and PC RESO NO. 6776 -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 29. 30. 31. educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements. Developer shall complete and submit to the city engineer a Project Threat Assessment Form (PTAF) pursuant to City Engineering Standards. Concurrent with the PT AF, developer shall also submit the appropriate Tier level Storm Water Compliance form and appropriate Tier level Storm Water Pollution Prevention Plan (SWPPP) as determined by the completed PT AF all to the satisfaction of the city engineer. Developer shall pay all applicable SWPPP plan review and inspection fees per the city's latest fee schedule. Developer is responsible to ensure that all final design plans (grading plans, improvement plans, landscape plans, building plans, etc) incorporate all source control, site design, treatment control BMP, applicable hydromodification measures, and Low Impact Design (LID) facilities. Developer shall incorporate measures with this project to comply with Standard Stormwater Requirements per the city's Standard Urban Stormwater Management Plan (SUSMP). These measures include, but are not limited to: 1) reducing the use of new impervious surfaces (e.g.: paving), 2) designing drainage from impervious surfaces to discharge over pervious areas (e.g.: turf, landscape areas), 3) and designing trash enclosures to avoid contact with storm runoff, all to the satisfaction of the city engineer. Dedications/Improvements 32. 33. Developer shall design all proposed public improvements including but not limited to (driveways, sidewalk, water services/meters, curb drains, etc.) as shown on the site plan. These improvements shall be shown on one of the following, subject to City Engineer approval: a. Grading plans processed in conjunction with this project; b. Construction revision to an existing record public improvement drawing. Developer shall pay plan check and inspection fees using improvement valuations in accordance with the City's current fee schedule. Developer shall apply for and obtain a right-of-way permit prior to performing work in the City right-of-way. Utilities 34. 35. Developer shall meet with the fire marshal to determine if fire protection measures (fire flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be considered public improvements and shall be served by public water mains to the satisfaction of the district engineer. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for connection to public facilities. PC RESO NO. 6776 -7- 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 36. The developer shall meet with and obtain approval from the Leucadia Wastewater District regarding sewer infrastructure available or required to serve this project. Code Reminders: The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 37. 38. 39. 40. Developer shall pay traffic impa<;:t 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. 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. The project shall comply with the latest nonresidential disabled access requirements pursuant to Title 24 of the California Building Code. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. 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. 6776 -8-