HomeMy WebLinkAbout2015-05-06; Planning Commission; Resolution 7099
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
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO
ALLOW THE FIELDS CHURCH TO OPERATE AND HOLD WORSHIP
SERVICES IN A 22,062 SQUARE FOOT BUILDING ON PROPERTY
GENERALLY LOCATED AT 2265 CAMINO VIDA ROBLE IN LOCAL
FACILITIES MANAGEMENT ZONE 5.
CASE NAME: THE FIELDS CHURCH
CASE NO.: CUP 14-11
WHEREAS, The Fields Church, “Developer,” has filed a verified application with the City
of Carlsbad regarding property owned by R.B. CO, “Owner,” described as
Parcel “A” of Parcel Map No. 7150, in the City of Carlsbad, County of
San Diego, State of California, according to map thereof on file in the
office of the County Recorder of San Diego County, being a division of
Lot 12 of Carlsbad Tract No. 73-49 (CC&F Palomar Airport Business
Park) Unit No. 1, according to map thereof No. 8054, filed in the office
of the County Recorder of San Diego County, December 31, 1974
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional Use Permit as
shown on Exhibits “A” – “E” dated May 6, 2015, on file in the Planning Division, THE FIELDS CHURCH –
CUP 14-11, as provided by Chapter 21.42 and/or 21.50 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on May 6, 2015, 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:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
APPROVES CUP 14-11 – THE FIELDS CHURCH, based on the following findings and
subject to the following conditions:
. . .
PLANNING COMMISSION RESOLUTION NO. 7099
PC RESO NO. 7099 -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
Findings:
(Note: These findings are not applicable to 1st Amendment uses; see Section 21.42.030.B)
1. That the requested use is necessary or desirable for the development of the community, 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 church uses
are encouraged by the General Plan Land Use Element and permitted by a Conditional Use
Permit in any zone in the city for the convenience of residents. The proposed church creates
diversity in land uses within the city and provides for adequate on-site parking facilities
through a joint use parking agreement.
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 proposed church is compatible
with the existing surrounding office/industrial uses located on-site and within the P-M zone.
The project has been designed to accommodate all required parking on-site and provides for
adequate traffic circulation. Additionally, with the exception of the office use (2,139 square
feet) which will operate from 6:00 AM to 6:00 PM Monday through Friday and require nine
parking spaces, the church’s primary hours of operation (Sunday) are different than the
office/industrial uses located within the two other buildings onsite. The differing peak hours
of operation will reduce or avoid potential conflicts with the existing permitted
office/industrial uses and the proposed church use.
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 City Planner, planning
commission or city council, in order to integrate the use with other uses in the neighborhood, in
that the church will occupy an existing 22,026 square foot industrial building with existing
onsite landscaping and parking and requires no site modifications or additional amenities.
The site complies with all of the required development standards of the P-M Zone. The
22,062 square foot tenant space is sufficient in size and shape to accommodate the proposed
church operations as shown on Exhibit “B” with a joint use parking agreement.
4. That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that access to the site is provided from Camino Vida Roble,
a secondary arterial, which is currently operating at an acceptable level of service. Although
additional traffic will be generated by the proposed church, the church’s differing peak use
hours (Sunday) will avoid potential traffic and parking conflicts with adjacent office/industrial
use peak hours (weekdays 6:00 a.m. – 6:00 p.m.). The office use associated with the church
will function between 6:00 a.m. and 6:00 p.m., and will require nine parking spaces. The
church generates 316 ADT for worship services on Sunday, and 43 ADT for the office use
Monday – Friday.
5. That the City Planner 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 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 City Planner has found that the exceptions listed
in Section 15300.2 of the state CEQA Guidelines do not apply to this project.
PC RESO NO. 7099 -3-
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
6. The Planning Commission has reviewed each of the exactions imposed on the Developer
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.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a building
permit.
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 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; record a notice of violation on the 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 or a successor in interest by the City’s approval of this
Conditional Use Permit.
2. 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.
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
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 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.
5. 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 nondiscretionary, in connection with
the use contemplated herein, and (c) 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.
6. Developer shall submit to the Planning Division a reproducible 24” x 36” mylar copy of the Site
Plan reflecting the conditions approved by the final decision-making body.
PC RESO NO. 7099 -4-
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
7. Developer shall include, as part of the plans submitted for any permit plancheck, a reduced
legible version of all approving resolution(s) in a 24” x 36” blueline drawing format (including
any applicable Coastal Commission approvals).
8. This project shall comply with all conditions and mitigation measures which are required as part
of the Zone 5 Local Facilities Management Plan and any amendments made to that Plan prior to
the issuance of building permits.
9. This approval shall become null and void if building permits are not issued for this project within
24 months from the date of project approval.
10. 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.
11. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the
License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and
CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code
Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee
for Zone 5, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building
permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan
and shall become void.
12. Prior to the issuance of the building permit, Developer shall submit to the City a Notice of
Restriction executed by the owner of the real property to be developed. Said notice is to be
filed in the office of the County Recorder, subject to the satisfaction of the City Planner,
notifying all interested parties and successors in interest that the City of Carlsbad has issued a
Conditional Use Permit by Resolution No. 7099 on the property. Said Notice of Restriction shall
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 in the
Notice of Restriction. The City Planner 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.
13. CUP 14-11 shall be reviewed by the City Planner annually 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, safety and general welfare. If the City Planner
determines that: 1) the Conditional Use Permit was obtained by fraud or misrepresentation; or
2) the use for which such approval was granted is not being exercised; or 3) the Conditional Use
Permit is being or recently has been exercised contrary to any of the terms or conditions of
approval or the conditions of approval have not been met; or 4) the use for which such approval
was granted has ceased to exist or has been suspended for one year or more; or 5) the use is in
violation of any statute, ordinance, law or regulation; or 6) the use permitted by the Conditional
Use Permit is being or has been so exercised as to be detrimental to the public health, safety or
welfare or so as to constitute a nuisance, the City Planner shall recommend that the Planning
Commission hold a public hearing and after providing the permittee the opportunity to be
heard, the Planning Commission may revoke and terminate the Conditional Use Permit in whole
or in part, reaffirm the Conditional Use Permit, modify the conditions or impose new
conditions.
PC RESO NO. 7099 -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
14. This Conditional Use Permit is granted for a period of 10 years from May 6, 2015 through May
5, 2025. 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 5 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.
15. Prior to occupancy of the building for the church use, all parties involved in the joint use of a
parking lot shall provide evidence of agreement for such joint use by a proper legal
instrument approved by the city attorney as to form and content. Such instrument, when
approved as conforming to the provisions of this title, shall be recorded in the office of the
county recorder and copies thereof filed with the City Planner.
NOTICE TO APPLICANT
An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad Village
Drive, Carlsbad, California, 92008, within ten (10) calendar days of the date of the Planning
Commission’s decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section 21.54.150, the
appeal must be in writing and state the reason(s) for the appeal. The City Council must make a
determination on the appeal prior to any judicial review.
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 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.
. . .
. . .
. . .