HomeMy WebLinkAbout2004-05-05; Planning Commission; Resolution 56011
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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.
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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-
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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-
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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.
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PC RES0 NO. 5601 -4-
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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-