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HomeMy WebLinkAbout2000-09-06; Planning Commission; Resolution 48321 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. 4832 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT AMENDMENT TO ALLOW PARKING LOT PERIMETER FENCES AND GATES ON PROPERTY GENERALLY LOCATED AT 1975 CHESTNUT AVENUE IN LOCAL FACILITIES MANAGEMENT ZONE 1 CASE NAME: CHURCH OF JESUS CHRIST LDS CASE NO.: CUP 146(B) WHEREAS, Coombs Architecture and Planning, Inc., “Developer”, has filed a verified application with the City of Carlsbad regarding property owned by The Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-day Saints, “Owner”, described as That portion of the most southwesterly five acre parcel of Tract 250 of Thum Lands, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1681, filed in the Office of the County Recorder of San Diego County, December 9,1915. (“the Property”); and WHEREAS, said verified application constitutes a request for a Conditional Use Permit Amendment as shown on Exhibits “A” - “C” dated September 6, 2000, on file in the Carlsbad Planning Department, CHURCH OF JESUS CHRIST LDS, CUP 146(B), as provided by Chapter 21.42 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 6th day of September 2000, 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. 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 WHEREAS, on September 6, 2000, the Planning Commission approved CUP Amendment 146(B), as described and conditioned in Planning Commission Resolution No. 4832. 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 CHURCH OF JESUS CHRIST LDS, CUP 146(B), based on the following findings and subject to the following conditions: Findines: 1. 2. 3. 4. 5. 6. That the requested use is necessary or desirable for the development of the community, is essentially in harmony with the various elements and objectives of the General Plan, and is not detrimental to existing uses specifically permitted in the zone in which the proposed use is located, in that existing CUP 146 allows the church to operate on the subject site. The proposed fences and gates will help curtail illegal acts on the property. That the site for the intended use is adequate in size and shape to accommodate the use, in that all setbacks have been met and all parking and landscaping fits on the property without the need for variances. That all the yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted fnture uses in the neighborhood will be provided and maintained, in that all required setbacks have been met and no existing buildings or setbacks will be changed. The proposed fences and gates are appropriately located outside of the front yard setback. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that all gates will remain open during activities and services to prevent traffic from cueing on public streets. Thirty-five parking spaces will remain ungated to ensure that some parking and access is available at all times. 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. 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 15301, which exempts PC RESO NO. 4832 -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 existing private structures or facilities involving negligible or no expansion beyond that previously existing, 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. and will not have any adverse significant impact on the environment. Conditions: Note 1. 2. 3. 4. 5. Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of building permit. 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; 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 Amendment. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Conditional Use Permit Amendment 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. The 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. 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 Conditional Use Permit Amendment, (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. PC RESO NO. 4832 -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 6. The Developer shall submit to the City a reproducible 24” x 36”, mylar copy of the Site Plan reflecting the conditions approved by the final decision making body. 7. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 8. This Conditional Use Permit shall be reviewed by the Planning Director 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 and welfare. If the Planning Director determines that the use has such substantial negative effects, the Planning Director shall recommend that the Planning Commission, after providing the permittee the opportunity to be heard, add additional conditions to reduce or eliminate the substantial negative effects. 9. This Conditional Use Permit is granted for a period of five (5) years. 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. 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. 4832 -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 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 6th day of September 2000, by the following vote, to wit: AYES: Chairperson Compas, Commissioners Segall, Baker, L’Heureux, Trigas and Heineman NOES: ABSENT: Commissioner Nielsen ABSTAIN: WILLIAM COMPAS, Chairpegon CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HOtiM1Lb.R Planning Director PC RESO NO. 4832 -5.