HomeMy WebLinkAbout1985-07-02; City Council; Resolution 80881
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8088 RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA GRANTING THE APPEAL FROM
THE PLANNING COMMISSION'S DENIAL OF A CONDITIONAL
USE PERMIT CUP-272 TO LOCATE A CHURCH AT 5731 PALMER WAY, SUITE D IN THE M-Q ZONE AND GRANTING
THE CONDITIONAL USE PERMIT.
APPLICANT: LA COSTA LUTHERAN CHURCH CASE NO.: CUP - 272
WHEREAS, a verified application for a conditional use
permit for certain property to wit:
Unit 11 of Lot 1 of Carlsbad Tract 83-37 according to Map 11094 filed November 30, 1984
has been filed with the City of Carlsbad and referred to the
Planning Commission; and
WHEREAS, said verified application constitutes a
request as provided by Title 21 of the Carlsbad Municipal Code;
and
WHEREAS, the Planning Commission did on the 8th day of
May, 1985 and on the 22th day of May, 1985 hold duly noticed
public hearings as prescribed by law to consider said request;
and
WHEREAS, the Planning Commission did on May 22, 1985,
after said public hearings, deny the request €or a conditional
use permit; and
WHEREAS, the Land Use Planning Manager has determined
that this project will not cause any significant environmental
impacts and, therefore, has issued a Negative Declaration, dated
May 9, 1985, which was approved by the Planning Comission on May
22, 1985 in satisfaction of the requirements of the Carlsbad
Environmental Protection Ordinance and the California
Environmental Quality Act; and
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WHEREAS, the applicant appealed the decision of the
Planning Commission to the City Council; and
WHEREAS, on June 18, 1985 the City Council of the City
of Carlsbad held a duly noticed public hearing as prescribed by
law to consider said appeal and at said hearing after
consideration of all the evidence, testimony, argument of those
persons present and desiring to be heard the City Council
determined to grant the appeal.
NOW, THEREFORE, BE IT RESOLVED by the City Council 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 City Council grants the applicant's appeal and
approves Conditional Use Permit CUP-272 as shown on Exhibit A,
attached hereto and made a part hereof, based on the following
findings and subject to the following conditions:
FINDINGS:
The proposed use is necessary and desirable for the
development of the community, is essentially in harmony wit1
the various elements and objectives of the General Plan and is not detrimental to existing uses specifically permitted
in this zone since the proposed use will occur on Sunday
when the majority of the uses in this project will be closed.
The subject property is adequate in size and shape to accommodate the proposed use since the suite has floor area of approximately 2760 square feet and the applicants do not expect to have more then 125 people attending services at
one time.
All of the yards, setbacks, walls, fences, landscaping and
other features necessary to adjust the requested use to
existing and future uses in the neighborhood will be
provided and maintained. The proposed uses will be
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separated from other uses in the same building by a one hour fire wall on one side and a four hour firewall on the other side.
4) The street system serving the property is adequate to properly handle all traffic generated by the proposed use since traffic generated by the proposed use will only
occur when most of the other uses in this area will be closed.
5) The project is consistent with all City public facility pol- icies and ordinances since:
a) All necessary public improvements have been provided or will be required as conditions of approval .
b) The applicant has agreed and is required by the
inclusion of an appropriate condition to pay a public facilities fee. Performance of that contract and
payment of the fee will enable this body to find that
public facilities will be available concurrent with neec as required by the general plan.
6) This project will not cause any significant environmental impacts and a Negative Declaration has been issued by the Land Use Planning Manager on May 9, 1985 and approved by tht
Planning Commission on May 22, 1985.
Conditions:
1) Approval is granted for CUP-272, as shown on Exhibits "A" and ''B" , dated April 11, 1985, incorporated by reference an( on file in the Land Use Planning Office. Development shall occur substantially as shown unless otherwise noted in thesc
conditions.
2) This project is approved upon the express condition that
building permits will not be issued for development of the
subject property unless the City Engineer determines that sewer facilities are available at the time of application
for such sewer permits and will continue to be available
until time of occupancy,
3) This project is approved upon the express condition that thl applicant shall pay a public facilities fee as required by
City Council Policy No. 17, dated April 2, 1982, on file
with the City Clerk and incorporated herein by reference,
and according to the agreement executed by the applicant fo payment of said fee, a copy of that agreement, dated November 22, 1983, is on file with the City Clerk and incorporated herein by reference, If said fee is not paid as promised, this application will not be consistent with
the General Plan and approval for this project shall be void.
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This conditional use permit is granted for a period of two years. This conditional use permit shall be reviewed by thc Land Use Planning Manager on a yearly basis to determine if all conditions of this permit have been met and that the us(
does not have a significant detrimental impact on surround-
ing properties or the public health and welfare. If the Land Use Planning Manager determines that the use has such
significant adverse impacts, the manager shall recommend
that the Planning Commission, after providing the permittee
the opportunity to be heard, add additional conditions to
mitigate the significant adverse impacts. This permit may be revoked at any time after a public hearing, if it is found that the use has a significant detrimental affect 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 years upon written application of the permittee made not less than 90 days prior to the expiration date. In granting such extension, the Planning Commission shall find that no substantial adverse affect on surrounding land uses or the public's health and welfare will result because of the continuation of the permitted use. If a
substantial adverse affect on surrounding land uses or the
public's health and welfare is found, the extension shall be considered as an original application for a conditional use
permit. There is no limit to the number of extensions the Planning Commission may grant.
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If any condition for construction of any public improvement: 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 65913.5. 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.
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Approval of this request shall not excuse compliance with all sections of the Zoning Ordinance and all other applicable City ordinances and adopted codes in effect at time of building permit issuance.
Water shall be provided to this project pursuant to the Water Service agreement between the City of Carlsbad and the Costa Real Water District, dated May 25, 1983.
Any signs proposed for this development shall be designed ii
conformance with the City's Sign Ordinance and shall requirt
review and approval of the Land Use Planning Manager prior to installation of such signs.
The proposed church shall only hold services on Sundays or legal holidays or after 6:OO PM on Monday through Saturday.
No large assemblages (over 10 persons) of people shall be ermitted during standard work hours of 8:OO AM to 6:OO PN ionday through Friday .
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10) No pre-school or day care services shall be provided at thi location other then on Sunday during religious services.
11) The church shall not be used for any purpose except religious services, Sunday School and choir practice withou
approval of the Land Use Planning Manager.
Engineering :
12) The developer shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies regarding services to the project.
13) The developer shall provide the City with a reproducible
mylar copy of the site plan as approved by the Planning
Commission. The site plan shall reflect the conditions of approval by the City. The plan copy shall be submitted to
the City Engineer prior to improvement plan submittal.
PASSED, APPROVED AND ADOPTED at a regular meeting of th
Carlsbad City Council held on the 2nd day of July 198
by the following vote, to wit:
AYES: Council IGdxrs Casler, Lewis, Chick and Pettine
NOES: None
CLAUDE A. LEWIS, May& Pro Tem
ATTEST:
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LOCATION MAP
C-M
/ KT FARADAY AVE /'\
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LA COSTA LUTHERAN I CUP-272.
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