HomeMy WebLinkAboutCUP 103; Las Flores Church of the Nazarene; Conditional Use Permit (CUP) (4)- -
City of Carlsbad
March 19,2001
Donald R. Worley
Stephenson Worley Garratt Schwartz Garfield & Prairie
401 “B” Street, Suite 2400
San Diego, CA 92101-4200
DEVELOPMENT AGREEMENT FOR BUILD-OUT OF LAS FLORES CHURCH
Dear Mr. Worley:
Your letter of February 14, 2001, asks the city to consider a development agreement as
an approach to deal with phasing the contemplated buildout of Las Flores Church. Staff
sees the following problems with this approach as it is proposed in your letter:
1. Development agreements need to benefit the City in an extraordinary way.
In exchange for Las Flores Church obtaining vested rights to expand, it is
difficult to determine what benefits the city would realize with a
development agreement that could not be attained through the normal
conditional use permit process.
2. Your letter suggests a development agreement would give both the church
the right to the future buildout of the property, free from ordinance
changes, etc., and the city the right to maintain discretionary control over
each phase. On the contrary, it seems the city’s discretionary powers
would be quite limited if the church had the vested right to expand.
3. Your letter also suggests the right to future buildout could be defined in an
agreement with limitations on building square footage or coverage. The
city would be uncomfortable agreeing to an expansion on such terms
because they are so vague and especially since the expansion plans
proposed under the church’s recent preliminary review contained
numerous and major problems. Furthermore, the guaranteed ability to
expand based on specific parameters prevents the city from fully
exercising discretionary review.
4. Given that the church is in a residential neighborhood, it seems
appropriate that the city maintain its ability of discretionary review to
balance the needs of the church and its neighbors.
1635 Faraday Avenue - Carlsbad, CA 92008-7314 (760) 602-4600 - FAX (760) 602-8559 @
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DEVELOPMENT AGREEM~. . r FOR BUILD OUT OF
LAS FLORES CHURCH - Mr. Don Worley
March 19,2001
Paqe 2
Planning staff recommends against the processing of a development agreement.
Instead, an expansion proposal should be processed as amendment to the church’s
existing conditional use permit. Moreover, since the filing of an amendment will require
detailed plans and information, any phase of the expansion that is still only conceptual
will require the submittal of a subsequent amendment(s).
Sincerely,
MICHAEL J.-HOLZMILLER
Planning Director
c: Dwayne Edwards, Pastor, Las Flores Church
Gary Wayne, Assistant Planning Director