Loading...
HomeMy WebLinkAboutMCUP 15-13; Christ Presbyterian Community Garden; Conditional Use Permit (CUP)October 30, 2015 Cheryl Wright Centella Community Garden 7807 Centella Street Carlsbad, CA 92009 City of Carlsbad SUBJECT: MINOR CONDITIONAL USE PERMIT NO. MCUP 15-13-CHRIST PRESBYTERIAN COMMUNITY GARDEN-Request for approval of a Minor Conditional Use Permit (MCUP 15-13) to allow a community garden located on a vacant lot at 7807 Centella Street (APN: 255-062-1700} in the Residential Density -Medium (RD-M) Zone and Local Facilities Management Zone 6. Dear Ms. Wright, The City Planner has mmpleted a review of your application for a Minor Conditional Use Permit MCUP 15-13 to allow a community garden located on a vacant lot at 7807 Centella Street. A notice was sent to property owners within a 300' radius of the subject property requesting comments regarding the above request. One comment letter, from James and Judy Hogan, was received within the ten day notice period (ending on August 21, 2015). The Hogans had some concerns in regard to the layout of the garden, fencing material and landscape palette. The site plan was revised to the satisfaction of the Hogans, except for some remaining landscaping concerns, which are minor. Therefore, after careful consideration of the circumstances surrounding this request, the City Planner has determined that the four findings required for granting a Minor Conditional Use Permit can be made and therefore, APPROVES this request based on the following findings and conditions. Findings: 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 agriculture is an important resource in the City of Carlsbad and is allowed in all residential zones. Per the city's Agriculture Policy 2-P.34 of the General Plan Land Use Element, the city supports agricultural uses throughout the city, including small-scale farms and community gardens. Furthermore, Policy 9-P.17 of the General Plan Sustainability Element, supports small-scale urban farming. 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 proposed community garden would be located on a vacant lot on a cul-de-sac and adjacent to a church, parking lot and apartment building, and would not be detrimental to those existing uses. Furthermore, there is adequate on-street and adjacent parking to accommodate the proposed use. The users of the community garden would mostly be members of the Christ Presbyterian church and would not attract additional people to the neighborhood. Community & Economic Development Planning Division 11635 Faraday Avenue Carlsbad, CA 92008-73141760-602-4600 1760-602-8560 f I www.carlsbadca.gov Pa e 2 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 in order to integrate the use with other uses in the neighborhood in that the vacant lot is .83 acres and generally is covered with weeds. The proposed community garden will include a 36-inch split rail fence in the front yard, fruit trees in the rear yard, a privacy hedge within the side yard that abuts the apartment building, and low lying plants within the side yard that abuts the church. The raised bed gardens and landscaping will integrate with the surrounding neighborhood. No additional parking is required as there is ample on-street parking and at the adjacent church and the church parking lot across from the proposed community garden. 4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use in that the users of the community garden would mostly be members of the Christ Presbyterian Church and would not attract additional people to the neighborhood. Furthermore, there is adequate on-street and adjacent parking to accommodate the proposed use. 5. 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 15304(b)-Minor Alterations to Land 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. 6. The City Planner 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: 1. Approval is granted for MCUP 15-13 as shown on Exhibit 11A" dated October 30, 2015 'on file in the Planning Division and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. 2. 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. 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 Minor Conditional Use Permit. MCUP 15-13-CHRIST PRESBYTERIAN CHURCH COMMUNITY GARDEN October 30, 2015 Pa e 3 4. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the MCUP 15-13 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. 5. The Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold· harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Minor Conditional Use Permit, (b) City's approval or issuance of any permit or action, whether discretionary or non-discretionary, 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. 6. The Developer shall comply with all applicable provisions of federal, state, and local ordinances in effect at the time of building permit issuance. 7. 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. 8. MCUP 15-13 shall be reviewed by the City Planner on a yearly basis 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 minor conditional use permit was obtained by fraud or misrepresentation; or 2) the use for which such approval is granted is not being exercised; or 3) the conditions of approval have not been met; or 4) the minor conditional use permit is being or recently has been exercised contrary to any of the terms or conditions of approval; or 5) the use for which such approval was granted has ceased to exist or has been suspended for one year or more; or 6) the use is in violation of any statute, ordinance, law or regulation; or 7) the use permitted by the minor 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 hold an informal public hearing and after providing the permittee the opportunity to be heard, the City Planner may revoke and terminate the minor conditional use permit in whole or in part, reaffirm the minor conditional use permit, modify the conditions or impose new conditions. 9. 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. 10. 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 residential housing 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. MCUP 15-13-CHRIST PRESBYTERIAN CHURCH COMMUNITY GARDEN October 30, 2015 Pa e 4 11. Prior to construction, owner/applicant shall submit to the City a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the City Planner, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Minor Conditional Use Permit on the real property owned by the owner/applicant. 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 owner/applicant or successor in interest.· 12. This approval shall become null and void if construction does not start for this project within 24 months from the date of project approval. 13. Developer shall report, in writing, to the City Planner within 30 days, any address change from that which is shown on the permit application. Engineering: 14. Developer shall comply with the City's Stormwater Regulations, latest version, and shall implement best management practices at all times. Best management practices include but are not limited to pollution treatment practices or devices, erosion control to prevent silt runoff during construction, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants ofthe above requirements. 15. Prior to construction, Developer shall complete and submit to the city engineer a Project Threat Assessment Form (PTAF) pursuant to City Engineering Standards (attached). Concurrent with the PTAF, 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 PTAF 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. 16. 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. Code Reminders: 17. 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. MCUP 15-13-CHRIST PRESBYTERIAN CHURCH COMMUNITY GARDEN October 30, 2015 Pa e 5 NOTICE Please take NOTICE that approval of your project includes the 11imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as 11fees/exactions." You have 90 days from the 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. This decision may be appealed by you or any other member of the public to the Planning Commission within ten days of the date of this letter. Appeals must be submitted in writing to the Planning Division at 1635 Faraday Avenue in Carlsbad, along with a payment of $673.00 plus noticing fees. The filing of such appeal within such time limit shall stay the effective date of the order of the City Planner until such time as a final decision on the appeal is reached. If you have any questions regarding this matter, please feel free to contact Pam Drew, Associate Planner, at (760) 602-4644. Sincerely, DAVID DE CORDOVA Principal Planner CD:PD:fn Attachments c: Linda Therien, Corporate Secretary & Stated Clerk, Presbytery cif San Diego, 3707 Udall Street, San Diego, CA 92107 Don Neu, City Planner Scott Donnell, Senior Planner David Rick, Associate Engineer File Copy Data Entry DMS