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HomeMy WebLinkAbout2008-02-20; Planning Commission; Resolution 63821 PLANNING COMMISSION RESOLUTION NO. 6382 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT AMENDMENT TO INCLUDE 4 THE OPERATION OF "SAINT PATRICK'S YE OLDE 5 GARAGE SALE" AS AN ADDITIONAL USE AND TO RETROACTIVELY EXTEND THE APPROVAL OF THE 6 SAINT PATRICK PARISH AND SCHOOL USES, WHICH INCLUDE NINE MOBILE CLASSROOM BUILDINGS, ON 7 PROPERTY GENERALLY LOCATED NORTH OF TAMARACK AVENUE, SOUTH OF MAGNOLIA AVENUE, 8 EAST OF PIO PICO DRIVE AND WEST OF ADAMS AVENUE 9 IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: SAINT PATRICK PARISH SCHOOL 10 CASE NO.: CUP204(E) 1 WHEREAS, Denise Coates, "Developer," has filed a verified application with the 12 City of Carlsbad regarding property owned by Roman Catholic Bishop of San Diego, "Owner," 13 described as 14 ., That portion of Tract No. 236 of Thum Lands, according to Map No. 1681, filed in the Office of the County Recorder on 16 December 14, 1915, in the City of Carlsbad, County of San Diego, State of California 17 ("the Property"); and18 in WHEREAS, said verified application constitutes a request for a Conditional Use 20 Permit Extension as shown on Exhibit "A" dated February 20, 2008, on file in the Planning 21 ''""Department SAINT PATRICK PARISH SCHOOL - CUP 204(E), as provided by the 22 conditions of approval of CUP 204(D) and Chapter 21.42 and/or 21.50 of the Carlsbad 23 Municipal Code; and 24 WHEREAS, the Planning Commission did, on February 20, 2008, hold a duly 26 noticed public hearing as prescribed by law to consider said request; and 27 WHEREAS, at said public hearing, upon hearing and considering all testimony 9» and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the CUP Amendment; and 1 WHEREAS, on April 3, 2002, the Planning Commission approved SAINT 2 PATRICK PARISH SCHOOL - CUP 204(D) as described and conditioned in Planning 3 Commission Resolution No. 5149.4 5 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 6 Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. o B) That based on the evidence presented at the public hearing, the Planning 9 Commission APPROVES SAINT PATRICK PARISH SCHOOL - CUP 204(E) effective retroactively from April 2, 2007 through April 1, 2012 based 10 on the following findings and subject to the following conditions: Findings: 12 That the requested use is necessary or desirable for the development of the community, 13 and is in harmony with the various elements and objectives of the general plan, including, if applicable, the certified local coastal program, specific plan or master plan, in that the existing church and school campus has been in existence since the early 1970's , <- providing religious worship, private education, and other services to the residents of the community without any issues or formal complaints. There are also nine mobile 16 classroom buildings located on the interior of the site that are affiliated with the school use. The property to the north contains a similar use (church/school campus) and the continued use of the mobile classroom buildings at this site would be compatible with the uses to the north. The project is in compliance with all current conditions of approval, and the addition of "Saint Patrick's Ye Olde Garage Sale", a thrift store use, as an additional incidental use on the church site is a benefit and service to the residents of the community and members of the Parish since it 20 provides clothing for the needy and serves to support the purpose and mission of the church operation.21 22 2. That the requested use is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located in that the site is adequate in size 23 and shape to accommodate the continued use of the existing church/school campus including the use of nine mobile classroom buildings and the additional proposed 24 use in that the proposed thrift store use is located within an existing structure that meets all applicable development standards of the underlying R-l zoning designation. A minimum 10 foot setback, as required, will be maintained from the 25 northern property line. The existing parking is adequate and has not been a problem over the past 13 years that the church has operated the thrift store use. 27 I 3. That the site for the proposed conditional use is adequate in size and shape to accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer areas, landscaping and other development features prescribed in this code and required by the PC RESO NO. 6382 -2- planning director, planning commission or city council, in order to integrate the use with 2 other uses in the neighborhood, in that the existing church/school campus including the continued use of nine mobile classroom buildings and the additional proposal to 3 include a thrift store use is compatible with the existing and future uses in the neighborhood. No additional yards, setbacks, walls, fences, parking, landscaping, or other features are required to accommodate the existing and proposed thrift store - uses. The existing parking lot has adequate parking to accommodate the thrift store use and the parking lot has attractive landscaping that is being maintained in good 6 condition. A six foot high block wall runs along the northern property line separating the proposed thrift store use from the adjacent residence. The wall is 7 adequate in size to reduce any negative visual impacts from the thrift store operation. In addition, there is mature landscaping along the property line further reducing any visual impacts from the proposed use. 9 4. That the street system serving the proposed use is adequate to properly handle all traffic 10 generated by the proposed use, in that the existing road ways (Adams Street, Pio Pico Drive, and Tamarack Avenue) surrounding the property can accommodate the existing volumes of traffic during off peak and peak hours. The thrift store use is ^2 included in the existing traffic volumes generated by the church/school campus since it has been in operation, although without City approval, for the past 13 years. The 13 thrift store use will continue to operate during off peak hours (10 a.m. - 3:00 p.m.) and since no changes to the operation are proposed, no additional traffic impacts 14 are anticipated. The existing street system is adequate to properly handle any ., traffic generated by the uses. 16 5. 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 17 environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15301 - Existing Facilities - of the state CEQA Guidelines. In making this determination, the Planning Director 19 has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. 20 6. The Planning Commission has reviewed each of the exactions imposed on the Developer 21 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. 23 Conditions: 24 1. 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 26 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 27 future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the 2° property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer PC RESO NO. 6382 -3- or a successor in interest by the City's approval of this Conditional Use Permit 2 Amendment. 3 2. 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. r Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 6 3. Developer shall comply with all applicable provisions of federal, state, and local laws and 7 regulations in effect at the time of building permit issuance. 4. If any condition for construction of any public improvements or facilities, or the payment 9 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 10 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. 12 Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 13 harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims 14 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 16 discretionary or nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, 17 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. 20 6. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of the Site Plan reflecting the conditions approved by the final decision-making body. ~~ 7. All conditions of approval imposed upon Conditional Use Permit CUP 204(D) as stated in Planning Commission Resolution No. 5149 shall apply as conditions of approval for 23 CUP 204(E) and are incorporated by this reference, except Conditions No. 6 and 11 which have been satisfied, and Condition No. lOb which is replaced by Condition No. 9 24 below, and new Condition Nos. 10,11,12 and 13 which have been added below. 25 8. This Conditional Use Permit shall be reviewed by the Planning Director on a yearly basis 26 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 27 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. PC RESO NO. 6382 -4- 9. This Conditional Use Permit Amendment is granted for a period of five (5) years 2 retroactively from April 2, 2007 through April 1, 2012. This permit may be revoked at any time after a public hearing, if it is found that the use has a substantial detrimental 3 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 5 years upon written application of the permittee made no less than e 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 6 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. o 9 10. Prior to the issuance of the Conditional Use Permit Amendment, Developer shall submit to the City a Notice of Restriction to be filed in the office of the County Recorder, 10 subject to the satisfaction of the Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Conditional Use Permit Amendment by Resolution No. 6382 on the property. Said Notice of Restriction shall 12 note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion 13 in the Notice of Restriction. The Planning Director has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 11. Developer shall cause property owner to process, execute and submit an executed copy to 16 the City Engineer for recordation a City standard Permanent Stormwater Quality Best Management Practice Maintenance Agreement for the perpetual maintenance of all 17 treatment control, applicable site design and source control, post-construction permanent Best Management Practices within 6 months of approval of this CUP.18 19 12. Any signs proposed for this development shall at a minimum be designed in conformance with the City's Sign Ordinance and shall require review and approval of the Planning 20 Director prior to installation of such signs. 13. The business hours of operation for the thrift store shall be limited to 5 hours a day (10 ~~ a.m. - 3:00 p.m.), 3 days a week. 23 NOTICE 24 Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, 25 reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions."26 27 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 28 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 PC RESO NO. 6382 -5- 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 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 Commission of the City of Carlsbad, California, held on February 20, 2008 by the vote, to wit: Planning following AYES: Chairperson Whitton, Commissioners Baker, Cardosa, Dominguez, Douglas, and Montgomery NOES: Commissioner Boddy ABSENT: ABSTAIN: >^ S/^KJJ^^&fa- /FRANK WHITTON, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: Xfc*\ S l&U DON NEU Planning Director PCRESONO. 6382 -6-