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,"
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described as
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., 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
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("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
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Municipal Code; and
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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
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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
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PATRICK PARISH SCHOOL - CUP 204(D) as described and conditioned in Planning
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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.
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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.
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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.
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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.
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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.
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Conditions:
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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.
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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.
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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.
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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
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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
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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-