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HomeMy WebLinkAbout2004-05-05; Planning Commission; Resolution 56011 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. 5601 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A USE PERMIT TO ALLOW THE CONTINUED OPERATION OF A CHURCH CAMPUS ON PROPERTY GENERALLY LOCATED AT THE SOUTHWEST CORNER OF ALGA ROAD AND EL FUERTE STREET IN LOCAL FACILITIES MANAGEMENT ZONE 6. CASE NAME: ST. ELIZABETH SETON CATHOLIC CASE NO.: CUP 139(A)x1 WHEREAS, St. Elizabeth Seton Catholic Church, “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by Roman Catholic Bishop of San Diego, “Owner,” described as RETROACTIVE 10-YEAR EXTENSION OF A CONDITIONAL CHURCH La Costa Meadows, Unit No. 2, Lot 412, in the City of Carlsbad, County of San Diego (“the Property”); and WHEREAS, said verified application constitutes a request for a Conditional Use Permit Extension as shown on Exhibits “A” - “F” dated March 2,1994, on file in the Planning Department ST. ELIZABETH SETON CATHOLIC CHURCH - CUP 139(A)x1, as provided by the conditions of approval of CUP 139(A)x1 and Chapter 21.42 and/or 21.50 of the Carlsbad Municipal Code; and WHEREAS the Planning Commission did, on the 5th day of May, 2004, 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 Extension; and WHEREAS, on March 2,1992, the Planning Commission approved CUP 139(A) as described and conditioned in Planning Commission Resolution No. 3637. 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 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 Planning Commission APPROVES ST. ELIZABETH SETON CATHOLIC CHURCH - CUP 139(A)x1, to be effective retroactively from March 4, 2004 through March 3, 2014 based on the following findings and subject to the following conditions. FindinPs : 1. The adopted findings for CUP 139(A) which are contained in Planning Commission Resolution No. 3637 apply to this extension and are incorporated by this reference. Conditions: 1. 2. 3. 4. 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. All conditions of approval imposed upon Conditional Use Permit CUP 139(A) as stated in Planning Commission Resolution No. 3637 shall apply as conditions of approval for CUP 139(A)x1 and are incorporated by this reference, except Condition No. 3 which has been satisfied, and Condition No. 8 is replaced by Condition No. 4 below. 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. This Conditional Use Permit is granted for a period of 10 (ten) years retroactively from March 4,2004 through March 3,2014. 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 (ten) years upon written application of the permittee made no less than PC RES0 NO. 5601 -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 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. En Pineering: 5. Developer shall comply with the City's requirements of the National Pollutant Discharge Elimination System (NPDES) permit, latest version. Developer shall provide improvements constructed pursuant to best management practices as referenced in the "California Storm Water Best Management Practices Handbook" to reduce surface pollutants to an acceptable level prior to discharge from the site. Plans for such improvements shall be submitted to and subject to the approval of the City Engineer. Said plans shall include, but not be limited to notifying prospective owners and tenants of the following: A. All owners, tenants and employees shall coordinate efforts to establish or work with established disposal programs to remove and properly dispose of toxic and hazardous waste products. B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze, solvents, paints, paint thinners, wood preservatives, and other such fluids shall not be discharged into any street, public or private, or into storm drain or storm water conveyance systems. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers and other such chemical treatments shall meet Federal, State, County and City requirements as prescribed in their respective containers. C. Best Management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements. 6. Within 6 months of the date of the extension of this Conditional Use Permit, Developer shall submit to and receive approval from the City of Carlsbad Engineering Department of a Storm Water Management Plan (SWMP) that addresses this site. Pursuant to the City of Carlsbad Standard Urban Stormwater Management Plan (SUSMP), this project is required to capture and reduce pollutants to the maximum extent practicable. The SWMP shall address the anticipated pollutants of concern associated with the Project and shall suggest the both point-source and structural Best Management Practices (BMPs) required to avoid and capture/filter said anticipated pollutants of concern prior to discharge off the site. The SWMP shall provide evidence that numeric sizing requirements have been met. Developer shall pay the SWMP/SWPPP review and inspection fee pursuant to the City fee schedule. 7. Within 12 months of the date of the extension of this Conditional Use Permit, Developer shall have constructed the necessary BMP measures necessary to capture PC RES0 NO. 5601 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 ia 19 20 21 22 23 24 25 26 27 28 and filter the anticipated pollutants of concern associated with the Project in accordance with the City-approved SWMP and the latest California National Pollution Discharge Elimination System (NPDES) permit requirements. Developer shall provide evidence of completion to the satisfaction of the City Engineer. 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 feedexactions 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 feedexactions 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 RES0 NO. 5601 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1s 2c 21 22 2: 2f 2: 2t 2: 21 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 5th day of May 2004 by the following vote, to wit: AYES: Chairperson White, Commissioners Baker, Dominguez, Heineman, Montgomery, Segall, and Whitton NOES: None ABSENT: None ABSTAIN: None f2z.-4&&/& MELISSA WHITE, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. MLZ&LER Planning Director PC RES0 NO. 5601 -5-