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HomeMy WebLinkAbout2022-04-06; Planning Commission; ; CUP 2021-0016 (DEV15089) – JEWISH COLLABORATIVE SAN DIEGOItem No. Application complete date: April 6, 2022 P.C. AGENDA OF:April 6, 2022 Project Planner: Jessica Evans Project Engineer: David Rick SUBJECT: CUP 2021-0016 (DEV15089) – JEWISH COLLABORATIVE SAN DIEGO - Request to allow the continued operation of an approximately 3,840-square-foot synagogue. The request does not include the expansion of the use, additions to existing buildings or the construction of new structures. The project is located at 7805 Centella Street within Local Facilities Management Zone 6. The City Planner has determined that the project site belongs to a class of projects that the State Secretary of Resources has found do not have 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 California Environmental Quality Act (CEQA) Guidelines. I.RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 7444 APPROVING Conditional Use Permit no. CUP 2021-0016 based upon the findings and subject to the conditions contained therein. II.PROJECT DESCRIPTION AND BACKGROUND Pursuant to section 21.10.020 of the Zoning Code, churches, synagogues, temples, and other places of worship are conditionally permitted in the Residential Density-Multiple Zone (RD-M Zone). On October 5, 2016 the Planning Commission approved a conditional use permit (CUP; CUP 16-05), which authorized an approximate 3,840-suare-foot synagogue, known as Jewish Collaborative, located at 7805 Centella Street. The scope of the approved CUP included the installation of mobile, or modular buildings. The Planning Commission resolution approving CUP 16-05 (Attachment 3) granted the CUP for a period of five years which was set to expire on October 4, 2021 unless the applicant requested an extension for another five years at least 90 days before the expiration. A request to extend the permit was not submitted by the deadline. Therefore, CUP 16-05 expired. The applicant is now requesting a new conditional use permit to continue the operations of the synagogue for a period of an additional ten years. The project request does not include expansion of the use, construction of new buildings, or the addition of floor area or remodel to existing buildings. The synagogue will continue to operate in the same manner within the existing modular structures located on the premises. The subject site is located on the west side of Centella Street and includes a community garden as part of a Minor Conditional Use Permit (MCUP 15-13) on the northerly potion of the lot. The community garden is maintained by the Christ Presbyterian Church located to the south of the synagogue. The site contains two modular buildings and an unenclosed deck area. The first building is approximately 3,360 square feet and includes an assembly area, two offices, a storage room, and rooms. The second building is a 480- square-foot building for restrooms. A small outdoor seating area with compacted dirt and gravel is located 1 @ PLANNING COMMISSION Staff Report - 0 CUP 2021-0016 (DEV15089) – JEWISH COLLABORATIVE SAN DIEGO April 6, 2022 Page 2 at the front of the main building. Aesthetic improvements were made to the modular building with the original CUP which includes a skirt added to the bottom, double glass doors instead of a single solid metal door, white vinyl clad windows rather than the standard metal windows, wood decking and railings rather than metal ramps. No changes to the operations or services are proposed with this CUP. The Jewish Collaborative continues to hold services out of the main, larger modular structure every Friday evening from 6:00 P.M. to 8:00 P.M. with an attendance between 20-40 people. The services are typically set up with an open seating concept with smaller groups in a circle of seats or a few rows. There will also be occasional (once a month) Saturday morning Sabbath gatherings, which would not conflict with the Christ Presbyterian Church’s schedule of events and service times, as the church operates primarily on Sundays. During special events that would exceed the permitted occupancy level (297 people), the Jewish Collaborative would use off- site facilities, including those of the Christ Presbyterian Church, who is also the landowner of the property that the modular buildings and the synagogue exists on. The synagogue has operated since 2016 without impacts to the surrounding neighborhood and will continue to operate in the same manner as no changes to the use are proposed. All operations occur within the enclosed buildings which reduces any noise impacts to the adjacent properties. There have been no complaints related to the use and there have not been any code enforcement issues related to the property or operations. Carlsbad Municipal Code Section 21.42.140(B)(90) allows for mobile or modular buildings to be occupied with the approval of a CUP for a term of five years, unless extended by the Planning Commission. As such, the former CUP was granted in 2016 for a period of five years, and the applicant’s intent was to seek another five-year extension with the goal of constructing a permanent building after 10 years. The Jewish Collaborative still intends to obtain a long-term lease with the church and build a permanent structure ; but in order to secure a loan, the applicant needs to be in good standing with the city’s zoning laws and is requesting the Planning Commission approve the CUP for a period of 10 years. Based on the existing operations and the findings provided below and within the resolution (Attachment 1), staff is recommending the CUP to be approved for a period of 10 years. Table “A” below includes the General Plan designations, zoning and current land uses of the project site and surrounding properties. TABLE A – GENERAL PLAN, ZONING, AND LAND USE Location General Plan Designation Zoning Current Land Use Site R-15 RD-M Synagogue/ Community Garden North R-15 RD-M Multi-family residential South R-15 RD-M Church East R-15 RD-M Church parking lot West R-4 P – C Single-family residential III. ANALYSIS The project continues to be consistent with the following regulations and requirements: A.Residential (R-15) General Plan Land Use Designation; CUP 2021-0016 (DEV15089) – JEWISH COLLABORATIVE SAN DIEGO April 6, 2022 Page 3 B.Residential Density – Multiple (RD-M) Zone (CMC Chapter 21.24) C.Parking Ordinance (CMC Chapter 21.44) D.Conditional Use Permit Regulations (CMC 21.42) The recommendation for approval of this project was developed by analyzing the project’s consistency with the applicable city regulations and policies. The project compliance with each of the above regulation is discussed in detail in the sections below. A.Residential (R-15) General Plan Land Use Designation The site has a General Plan land use designation of R-15 and the project complies with the General Plan. Compliance with the General Plan is further discussed in Table “B” below. TABLE “B” - GENERAL PLAN COMPLIANCE ELEMENT GOALS AND POLICIES PROJECT CONSISTENCY COMPLY Land Use Goal 2-G.12 Ensure adequate provision of community-serving facilities such as child daycare facilities, places of worship, educational institutions and schools. The continued use of the synagogue will ensure adequate community-serving facilities are provided in the community. Yes Noise Policy 5-P.1 Do not permit new noise-sensitive uses – including schools, hospitals, places of worship, and homes – where noise levels are “normally unacceptable” or higher, if alternative locations are available for the uses in the city. The synagogue is located within the 60-65 CNEL noise contour, which is classified as a normally acceptable level of allowable noise exposure for places of worship. Yes B.Residential Density – Multiple (RD-M) Zone (CMC Chapter 21.24) The existing buildings and synagogue are located on a lot that is zoned RD-M and is therefore subject to the provision of Chapter 21.24 of the Zoning Ordinance. Places of worship are permitted in the RD-M zone with approval of a CUP by the Planning Commission. As noted earlier in the staff report, the Planning Commission previously issued CUP 16-05, which has since expired. The applicant desires to continue the established land use and seeks approval of a new CUP to legitimize the existing religious assembly or institution. The existing buildings remain consistent with the RD-M development standards such as setbacks, lot coverage and building height and changes to the buildings are not proposed. C.Parking Ordinance (CMC Chapter 21.44) The 3,840 square feet of modular buildings require a total of 66 parking spaces (see Table “C” below); however, there is no parking on the subject property. The Christ Presbyterian Church owns the parking lot across Centella Street to the east which contains 137 spaces and are primarily used on Sundays. As CUP 2021-0016 (DEV15089) – JEWISH COLLABORATIVE SAN DIEGO April 6, 2022 Page 4 part of the original CUP, the synagogue was conditioned to record a joint use parking agreement with the Christ Presbyterian Church to satisfy the parking requirement. As such, there is an existing joint use parking agreement recorded per the condition of approval and Jewish Collaborative uses the parking lot Friday evenings after 6:00 PM and Saturday mornings when it is not in use by the Christ Presbyterian Church. The Christ Presbyterian Church holds their church services on Sundays and has preschool throughout the week from 7:00 AM to 6:00 PM. The joint use parking agreement is consistent with the Carlsbad Municipal Code (CMC) Parking Ordinance, Section 21.44.080 “Joint-Use Off-Street Parking Facilities.” TABLE “C” – PARKING Use Parking Requirement Parking Provided Public Assembly 1 space/5 seats 297 seats = 60 spaces 60 spaces Office Uses 1 space/250 sq. ft. 480 sq. ft.= 2 spaces 2 spaces Total 62 spaces 137 spaces total on-site D.CUP Regulations (CMC 21.42) Chapter 21.42 of the Carlsbad Municipal Code requires that four findings be made in order to approve a CUP. All the findings can be made for the proposed church 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 places of worship are encouraged by the General Plan Land Use Element and permitted by a CUP in the RD-M zone for the convenience of residents. The continued use of the religious assembly or institution will maintain diversity in land uses and maintains community-serving uses within the area. 2.That the requested use is not detrimental to existing uses specifically permitted in the zone in which the proposed use is to be located in that the synagogue is compatible with the existing surrounding church and residential uses within the RD-M zone. In general, churches and religious organizations are regulated by the same zoning laws as other organizations and is treated on equal terms with nonreligious assembly or institutions. In this instant, the religious assembly or institution can accommodate all required parking through an existing joint use parking agreement with the adjacent property owner (Christ Presbyterian Church) which allows for the use of the parking lot on the east side of Centella Street with 137 parking spaces. There are no anticipated noise impacts that could be generated from the religious assembly or institution to the surrounding residential uses as services are conducted within the existing buildings. Additionally, there is a similar use directly adjacent to the synagogue, which is the Christ Presbyterian Church located to the southeast with different operating hours than the Jewish Collaborative San Diego. 3.That the site for the proposed conditional use is adequate in size and shape to accommodate the yards, setback, walls, fences, parking, loading facilities, buffer areas, landscaping and other development features prescribed in this code and required by the City Planner, Planning CUP 2021-0016 (DEV15089) – JEWISH COLLABORATIVE SAN DIEGO April 6, 2022 Page 5 Commission or City Council, in order to integrate the use with other uses in the neighborhood, in that the existing 3,840-square-foot synagogue exists on an approximately .84 acre site and meets all required development standards of the RD-M zone. The .84-acre site is adequate in size to accommodate the existing buildings and can accommodate required setbacks, lot coverage and height. Furthermore, the project does not include an expansion of the use, construction of new buildings, or the addition of floor area to the existing buildings on-site. The religious assembly or institution requires a total of 62parking spaces, and the parking will be satisfied through an existing joint use parking agreement with Christ Presbyterian Church, who owns the parking lot located to the east of Centella Street which contains a parking lot with 137 parking spaces. Jewish Collaborative San Diego and the Christ Presbyterian Church have different operating hours which ensures there are adequate parking spaces to accommodate the proposed use. 4.That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use in that access to the site is provided from Centella Street, a local neighborhood street, which is currently operating at an acceptable level of service. The project does not propose an expansion to the use, construction of new buildings, or the addition of floor area to the existing buildings. The existing synagogue generates 38 ADT and has different operating hours than the Christ Presbyterian Church, which is located on the adjacent property to the southeast. IV.ENVIRONMENTAL REVIEW The California Environmental Quality Act (“CEQA”), and its implementing regulations (“CEQA Guidelines”) adopted by the Secretary of the California Natural Resources Agency, list classes of projects that have been determined not to have a significant effect on the environment and as a result are exempt from further environmental review under CEQA. City staff completed a review of the project and potential environmental impacts associated with the project pursuant to CEQA and concluded that the project qualified for an exemption pursuant to CEQA Guidelines section 15301 – Existing Facilities. CEQA Guidelines Section 15301 is a Class 1 exemption for existing facilities for projects involving no expansion of use. The proposed project and site meet the criteria of the Section 15301 Class 1 Existing Facilities exemption because the project involves no expansion of the existing use or structures. The project request is to renew an expired CUP only. A notice of intended decision regarding the environmental determination was advertised on February 15, 2022 and posted on the city’s website. The notice included a general description of the project, the proposed environmental findings, and a general explanation of the matter to be considered. The findings and determination contained in that notice was declared as final on the date of the noticed decision, unless appealed as provided by the procedures commencing in Chapter 21.54 (Procedures, Hearings, Notices, and Fees) of the Zoning Ordinance. During the 10-day public review period, the city received no comment letters from the public regarding the prospective environmental determination. Since no appeal was filed and no substantial evidence was submitted that would support a finding that the exemption requirements would not be satisfied, the project was determined by the city planner to not have a significant effect on the environment. The CEQA Determination letter and notice of intended decision are attached to this staff report as Attachment 5 and demonstrates that the project is categorically exempt from further environmental review. The city CUP 2021-0016 (DEV15089) – JEWISH COLLABORATIVE SAN DIEGO April 6, 2022 Page 6 planner’s written decision is final and the CEQA determination is not within the Planning Commission’s purview. With the appropriate environmental clearances in place, all of the city’s procedural requirements and relevant aspects of CEQA have been satisfied. ATTACHMENTS: 1.Planning Commission Resolution No. 7444 2.Location Map 3.Planning Commission Resolution No. 7205, dated October 5, 2016 4.Disclosure Form 5.CEQA Determination Letter and Notice of Intended Decision 6.Reduced Exhibits 7.Exhibits “A” – “C” dated April 6, 2022 PLANNING COMMISSION RESOLUTION NO. 7444 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW THE CONTINUED OPERATION OF AN APPROXIMATELY 3,840- SQUARE-FOOT SYNAGOGUE. THE REQUEST DOES NOT INCLUDE THE EXPANSION OF THE USE, ADDITIONS TO EXISTING BUILDINGS OR CONSTRUCTION OF NEW STRUCTURES. THE PROJECT IS LOCATED ON THE PROPERTY GENERALLY LOCATED 7805 CENTELLA STREET IN LOCAL FACILITIES MANAGEMENT ZONE 6. CASE NAME: CASE NO.: JEWISH COLLABORATIVE SAN DIEGO CUP 2021-0016 (DEV15089) WHEREAS, Jewish Collaborative San Diego, "Developer," has filed a verified application with the City of Carlsbad regarding property owned by Christ Presbyterian Church, "Owner," described as LOT 180 OF CARLSBAD TRACT NO. 73-2 (SANTA FE GLENS}, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 8059, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 22, 1975. ("the Property"); and WHEREAS, said verified i;!pplication constitutes a request for a Conditional Use Permit as shown on Exhibit(s) "A"-"C" dated April 6, 2022, on file in the Planning Division, CUP 2021-0016-JEWISH COLLABORATIVE SAN DIEGO, as provided by Chapter 21.24, 21.42, 21.44 of the Carlsbad Municipal Code; and WHEREAS, the Planning Division studied the Conditional Use Permit application and performed the necessary investigations to determine if the project qualified for an exemption from further environmental review under the California Environmental Quality Act, (CEQA, Public Resources Code section 21000 et. seq.), and its implementing regulations (the State CEQA Guidelines), Article 14 of the California Code of Regulations section 15000 et. seq. After consideration of all evidence presented, and studies and investigations made by the city planner and on its behalf, the city planner determined ATTACHMENT 1 that the project was exempt from further environmental review pursuant to State CEQA Guidelines section 15301 -Existing Facilities because the project involves no expansion of the existing use or structures. The project request is to renew an expired conditional use permit only. The project will not have a significant effect on the environment and all of the requirements of CEQA have been met; and WHEREAS, on February 7, 2022, the city distributed a notice of intended decision to adopt the "New Construction or Conversion of Small Structures" exemption. The notice was circulated for a 10-day period, which began on February 7, 2022 and ended on February 17, 2022. The city did not receive any comment letters on the CEQA findings and determination. The effective date and order of the city planner CEQA determination was February 17, 2022; and WHEREAS, the Planning Commission did, on April 6, 2022, 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 aU persons desiring to be heard, said Commission considered all factors relating to the Conditional Use Permit. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B} That based on the evidence presented at the public hearing, the Commission APPROVES CUP 2021-0016 -JEWISH COLLABORATIVE SAN DIEGO, 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. 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 places of worship are encouraged by the General Plan Land Use Element and permitted by a CUP in the RD-M zone for the convenience of residents. The continued use of the religious assembly or institution will maintain diversity in land uses and maintains community-serving uses within the area. PC RESO NO. 7444 -2- 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 existing 3,840-square-foot synagogue exists on an approximately .84 acre site and meets all required development standards of the RD-M zone. The .84-acre site is adequate in size to accommodate the existing buildings and can accommodate required setbacks, lot coverage and height. Furthermore, the project does not include an expansion of the use, construction of new buildings, or the addition of floor area to the existing buildings on-site. The religious assembly or institution requires a total of 62 parking spaces, and the parking will be satisfied through an existing joint use parking agreement with Christ Presbyterian Church, who owns the parking lot located to the east of Centella Street which contains a parking lot with 137 parking spaces. Jewish Collaborative San Diego and the Christ Presbyterian Church have different operating hours which ensures there are adequate parking spaces to accommodate the proposed 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 City Planner, planning commission or City Council, in order to integrate the use with other uses in the neighborhood, in . that the existing 3,840-square-foot synagogue exists on an approximately .84 acre site and meets all required development standards of the RD-M zone. The .84-acre site is adequate in size to accommodate the existing buildings and religious assembly and can accommodate required setbacks, lot coverage and height. Furthermore, the project does not include an expansion of the use, construction of new buildings, or the addition of floor area to the existing buildings on-site. The religious assembly requires a total of 62 parking spaces, and the parking will · be satisfied through an existing joint use parking agreement with Christ Presbyterian Church, who owns the parking lot located to the east of Centella Street which contains a parking lot with 137 parking spaces. Jewish Collaborative San Diego and the Christ Presbyterian Church have different operating hours which ensures there are adequate parking spaces to accommodate the proposed use. 4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that access to the site is provided from Centella Street, a local neighborhood street, which is currently operating at an acceptable level of service. The project does not propose an expansion to the use, construction of new buildings, or the addition of floor area to the existing buildings. The existing synagogue generates 38 ADT and has different operating hours than the Christ Presbyterian Church, which is located on the adjacent property to the southeast. 5. 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 the conditional use permit becoming effective. PC RESO NO. 7444 -3- 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. 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 4. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the city arising, directly or indirectly, from (a) city's approval and issuance of this 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. 6. 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 City Planner, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Conditional Use Permit by Resolution(s) No. 7444 on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The City Planner has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. PC RESO NO. 7444 -4- 7. The synagogue shall utilize the 137-space parking lot on the Christ Presbyterian Church property (7807 Centella Street) as required by an approved Joint Use Parking Agreement, recorded by the San Diego County Recorder, dated May 1, 2017. 8. This Conditional Use Permit is granted for a period of ten (10} years from April 6, 2022 through April 6, 2032. 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. This permit may be extended for a reasonable period of time not to exceed five (S) years upon written application of the permitee made no less than 90 days prior to the expiration date. The Planning Commission may not grant such extension, unless it finds that there are no substantial negative effects on surrounding land uses or the public's health and welfare is found, the extension shall be denied or granted with conditions which will eliminate or substantially reduce such effects. There is no limit to the number of extensions the Planning Commission may grant. NOTICE TO APPLICANT An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad Village Drive, Carlsbad, California, 92008, within ten (10) calendar days of the date of the Planning Commission's decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section 21.54.150, the appeal must be in writing and state the reason(s) for the appeal. The City Council must make a determination on the appeal prior to any judicial review. 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. 7444 -5- PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on April 6, 2022 by the following vote, to wit: AYES: Commissioners Lafferty, Luna, Kamenjarin, Meenes, Merz, and Stine NOES: ABSENT: ABSTAIN: Commissioner Sabellico JOSEPH TINE, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU City Planner PC RESO NO. 7444 -6- LEVA N T E S T ESTANCIA STRANCHOSANTAFERDVIA IRISCENTELLASTCALLE A N D A R CALLEMEJORSERRANO D R FAROL PL E L C AMINO R E ALLA COSTA AV A L G A R DCARLSBAD BL CUP 2021-0016 Jewish Collaborative San Diego SITE MAP J SITE!"^ Map generated on: 2/4/2022 ATTACHMENT 2 ATTACHMENT 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 PLANNING COMMISSION RESOLUTION NO. 7205 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW THE JEWISH COLLABORATIVE SAN DIEGO TO INSTALL A 3,868 SQUARE FOOT MOBILE BUILDING AND OPERATE A SANCTUARY ON PROPERTY GENERALLY LOCATED AT 7805 CENTELLA STREET IN LOCAL FACILITIES MANAGEMENT ZONE 6. CASE NAME: JEWISH COLLABORATIVE SAN DIEGO CASE NO.: CUP 16-05 WHEREAS, Jewish Collaborative San Diego, "Developer," has filed a verified application with the City of Carlsbad regarding property owned by Christ Presbyterian Church, "Owner," described as Lot 180 of Map No. 8059 in the City of Carlsbad, County of San Diego, filed on July 22, 1975 in the Office of the County Recorder of San Diego. ("the Property"); and WHEREAS, said verified application constitutes a request for a Conditional Use Permit as shown on Exhibits "A" -"F" dated October 5, 2016, on file in the Planning Division, JEWISH COLLABORATIVE SAN DIEGO, as provided by Chapter 21.42 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on October 5, 2016, 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. 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 16-05 -JEWISH COLLABORATIVE SAN DIEGO, based on the following findings and subject to the following conditions: Findings: 1. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the City's General Plan, based on the facts set forth in the staff report dated October 5, 2016 including, but not limited to the following: 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 2. 3. a. Goal 2-G.3: Promote infill development that makes efficient use of limited land supply, while ensuring compatibility and integration with existing uses. Ensure that infill properties develop with uses and development intensities supporting a cohesive development pattern. The proposed mobile building and sanctuary is proposed on a vacant lot that is surrounded by residential uses and adjacent to an existing church. The proposed building and use is compatible with the surrounding development and uses in that the building meets all development standards of the RD-M zone and no impacts related to noise and traffic are anticipated. Additionally, the color scheme of the mobile building will match the existing church on the adjacent property, integrating with the buildings in the neighborhood. b. Goal 2-G.12: Ensure adequate provision of community-serving facilities such as child daycare facilities, places of worship, educational institutions and schools. The proposed sanctuary will provide an additional place of worship for the Jewish community in south Carlsbad. c. Policy 3-P.5: Require developers to construct or pay their fair share toward improvements for all travel modes consistent with the Mobility Element, the Growth Management Plan, and specific impacts associated with their development. The applicant will be required to pay traffic impact fees prior to issuance of building permits that will go towards future road improvements. d. Policy 5-P.1: Do not permit new noise-sensitive uses -including schools, hospitals, places of worship, and homes-where noise levels are "normally unacceptable" or higher, if alternative locations are available for the uses in the city. The proposed sanctuary is located within the 60-65 CNEL noise contour, which is classified as a normally acceptable level of allowable noise exposure for places of worship. 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 a Conditional Use Permit in the RD-M zone for the convenience of residents. The proposed sanctuary creates diversity in land uses within the city and provides for adequate on-site parking facilities through a joint use parking agreement. 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 mobile building and sanctuary is compatible with the existing surrounding church and residential uses within the RD-M zone. The sanctuary can accommodate all required parking through a joint use parking agreement with the adjacent property owner and provides for adequate traffic circulation. There are no anticipated noise impacts that could be generated from the proposed sanctuary to the surrounding residential uses. Additionally, there is an existing church located on the adjacent property to the southeast with different operating hours than the Jewish Collaborative San Diego. 4. 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 proposed 3,868 square foot mobile building will be located on a .84 acre site and meets all required development standards of the RD-M zone. Landscaping has been provided to help soften the appearance of the mobile building and a color scheme has been chosen to match the PC RESO NO. 7205 -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 5. 6. 7. adjacent Christ Presbyterian Church. The proposed sanctuary requires a total of 66 parking spaces, and the parking will be satisfied through a joint use parking agreement with Christ Presbyterian Church, who owns the adjacent parcel containing a parking lot with 137 parking spaces. The parking agreement is supported based on the fact that the sanctuary will be used for services on Friday evenings (6:00 P.M.), and the Christ Presbyterian Church does not have any activities or services on Fridays after 6:00 PM. The .84 acre lot is sufficient in size and shape to accommodate the proposed mobile building and sanctuary as shown on Exhibit "B" with a joint use parking agreement with the adjacent property owner to the southeast. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that access to the site is provided from Centella Street, a local/neighborhood street, which is currently operating at an acceptable level of service. The proposed sanctuary generates 38 ADT and has alternate operating hours than the Christ Presbyterian Church, which is located on the adjacent property to the southeast. That 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 Section 15303{c) "New Construction of Small Structures" of the state CEQA Guidelines. 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. 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. 2. 3. 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. 4. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, PC RESO NO. 7205 -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. 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. Prior to the issuance of a building permit, the Developer shall provide proof to the Building Division from the Encinitas 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 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. 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 City Planner, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Conditional Use Permit by Resolutions No. 7205 on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The City Planner has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. PC RESO NO. 7205 -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 12. 13. 14. 15. 16. 17. 18. CUP 16-05 shall be reviewed by the City Planner 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 City Planner 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 City Planner 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 for a period of five (5) years from October 5, 2016 through October 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. This permit may be extended for a reasonable period of time not to exceed five (5) years upon written application of the permittee made no less than 90 days prior to the expiration date. The Planning Commission may not grant such extension, unless it finds that there are no substantial negative effects on surrounding land uses or the public's health and welfare. If a substantial negative effect on surrounding land uses or the public's health and welfare is found, the extension shall be denied or granted with conditions which will eliminate or substantially reduce such effects. There is no limit to the number of extensions the Planning Commission may grant. Developer shall submit and obtain City Planner approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City's Landscape Manual. Developer shall construct and install all landscaping and irrigation as shown on the approved Final Plans. All landscaping shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. All irrigation systems shall be maintained to provide the optimum amount of water to the landscape for plant growth without causing soil erosion and runoff. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plancheck process on file in the Planning Division and accompanied by the project's building, improvement, and grading plans. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Community and Economic Development Department and Planning. Developer shall report, in writing, to the City Planner 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. Prior to issuance of a building permit for the sanctuary 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 PC RESO NO. 7205 -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 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 City Planner. Engineering NOTE: 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 permit. General 19. 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. Dedications/Improvements 20. The proposed street trees shall be relocated outside the public right-of-way or any city easements unless otherwise permitted by the city engineer. Utilities 21. 22. 23. The developer shall meet with and obtain approval from the Leucadia Wastewater District regarding sewer infrastructure available or required to serve this project. The developer shall meet with and obtain approval from the Olivenhain Municipal Water District regarding potable water infrastructure available or required to serve this project. The developer shall meet with and obtain approval from the Olivenhain Municipal Water District regarding recycled water infrastructure available or required to serve this project. Code Reminders 24. 25. 26. 27. 28. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by Council Policy No. 17. Prior to issuance of a building permit, 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. Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management fee for Zone [Click Here] as required by Carlsbad Municipal Code Section 21.90.050. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 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. PC RESO NO. 7205 -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. 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 17 .04.320. Any signs proposed for this development shall at a minimum be designed in conformance with the City's Sign Ordinance and shall require review and approval of the City Planner prior to installation of such signs. NOTICE TO APPLICANT An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad Village Drive, Carlsbad, California, 92008, within ten (10) calendar days of the date of the Planning Commission's decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section 21.54.150, the appeal must be in writing and state the reason(s) for the appeal. The City Council must make a determination on the appeal prior to any judicial review. 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. 7205 -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 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on October 5, 2016 by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Chairperson Anderson, Commissioners Black, Goyarts, L'Heureux, Montgomery, Segall, and Siekmann VELYN ANDERSON, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: QL?iu DON NEU City Planner PC RESO NO. 7205 -8- ATACHMENT 4 . City of Carlsbad DISCLOSURE STATEMENT P-1(A) Develop'?' n , 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 in formation MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this in formation 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." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant's agent) 2. P-1(A) Provide the COMPLETE, LEGAL names and addresses of ALL persons having a financial.interest in the application . lfthe 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 TH E-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.) PersorYewish Collaborative of San Diego Corp/Part c/o Gabi Arad R bb. ~-LJ ·------------ Title a I Title -------------- Address2250 Vista La Ni sa, Carlsbad, 9200~ddress ------------- OWNER (Not th e own er's agent) Provide th e 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 th e shares. IF NO IN DIVIDUALS 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.) t<~2£<7 Perso~ /'e( ~--- Title P~or Corp/Part ____________ _ Title ______________ _ Add 7807 Centella St, Carl sbad ress __________ _ Address ------------- Page 1 of 2 Revised 07/10