HomeMy WebLinkAbout2002-01-02; Planning Commission; Resolution 51231
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PLANNING COMMISSION RESOLUTION NO. 5123
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO DEVELOP A CHURCH
CAMPUS ON PROPERTY GENERALLY LOCATED EAST OF
BLACK RAIL ROAD AND SOUTH OF POINSETTIA LANE IN
LOCAL FACILITIES MANAGEMENT ZONE 20.
CASE NAME: REDEEMER BY THE SEA
CASE NO.: CUP 00-44
WHEREAS, Redeemer by the Sea Lutheran Church of Carlsbad, “Developer
and Owner,” has tiled a verified application with the City of Carlsbad regarding property
described as
The north half of the southwest quarter of the southeast
quarter of section 22, township 12 south, range 4 west, San
Bernardino base and meridian, in the County of San Diego,
State of California, according to official plat thereof.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit as shown on Exhibit(s) “A” - “X” dated January 2, 2002, on tile in the Carlsbad
Planning Department, REDEEMER BY THE SEA - CUP 00-44, as provided by Chapter 2 1.42
and/or 2 1.50 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 2nd day of January 2002,
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:
4 That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Commission
APPROVES REDEEMER BY THE SEA - CUP 00-44, based on the following
findings and subject to the following conditions:
Findinps:
1. 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 the proposed church/daycare provides worship and
daycare services for the Lutheran denomination which makes it available to
residents of the surrounding neighborhood. Although the site is within a developing
single family residential area, it is somewhat removed from other properties. Black
Rail Road and Poinsettia Lane separate the project from development on the north and west. South of the site is a water tank and the residential subdivision portion of
the project. To the east is vacant property and then the development of another
church facility. Because of this separation the project is not expected to have
detrimental effects regarding light, noise, and/or physical location.
2. That the site for the intended use is adequate in size and shape to accommodate the use, in
that the proposed building and the required parking and landscaping can fit within
the boundaries of the developable portion of the property with no need to encroach
into required setbacks. The project has a building coverage of 14% when 40% is
allowed and all setbacks are well above the minimum required.
3. That all the yards, setbacks, walls, fences, landscaping, and other features necessary to
adjust the requested use to existing or permitted future uses in the neighborhood will be
provided and maintained, in that the project is completely surrounded by landscaping
and all of the proposed development fits within the buildable portion of the lot. No
special conditions will be necessary to adjust the requested use for compatibility
with existing or future permitted uses.
4. That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the proposed use will generate 1,974 additional
daily traffic trips which can be supported by Black Rail Road (a collector street)
and Poinsettia Lane (a major arterial roadway). These facilities and the project will
provide access to and from Black Rail Road and Street “A”, and well defined
parking areas.
5. That places of worship are expressions of faith and traditionally, have “towering” elements which may be permitted by Zoning Section 21.42.060 to reasonably exceed
the height limit established by the underlying zone. The two steeple elements of the
sanctuary proposed at 45 feet in height are reasonable.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of
building permits.
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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.
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.
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, (b)
City’s approval or issuance of any permit or action, whether discretionary or non-
discretionary, in connection with the use contemplated herein, anti (4 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.
The Developer shall submit to the Planning Department a reproducible 24” x 36”,
mylar copy of the Conditional Use Permit Site Plan reflecting the conditions approved
by the final decision making body.
Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the Carlsbad Municipal 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 20 Local Facilities Management Plan and any amendments made to
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that Plan prior to the issuance of building permits, including, but not limited to the following:
A. Right-of-Way improvements to Poinsettia Lane.
B. Right of Way improvements to Black Rail Road.
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.
This Conditional Use Permit shall be reviewed by the Planning Director periodically 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.
This Conditional Use Permit is granted for a period of 10 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 10 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.
Tower/spire illumination shall be extinguished no later than 10 pm except on religious
holidays when there are specific services later than 10 pm. In which case, the tower
illumination shall be extinguished one half hour after conclusion of the specific service.
Parking shall be provided as needed for each phase of development. Phase I (Church
Sanctuary) shall provide a minimum of 101 spaces. Phase II (Preschool) shall provide a
minimum of an additional 24 spaces. Phase V shall provide the remaining 3 1 spaces.
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
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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.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 2nd day of January 2002 by the
following vote, to wit:
AYES: Chairperson Trigas, Commissioners Compas, Dominguez,
Heineman, Nielsen, and Segall
NOES: None
ABSENT: Commissioner Baker
ABSTAIN: None
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. MLZMILLER
Planning Director
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