HomeMy WebLinkAbout1977-10-04; City Council; 5219; Request amendment to Interim Sewer MoratoriumCITY OF '"RLSBAD ;
' w ' „ ' Initial:
AGENDA BILL NO. S*l / J _ Dept. Hd.
DATE: October 4, 1977 City Atty
DEPARTMENT: Planning City Mgr.
SUBJECT: Request Amendment to Interim Sewer Moratorium Regulations:
Ordinance 7048 (as amended by Ordinances 7049 and 7050)
Applicant: James C. Pope
STATEMENT OF THE MATTER
The Church of Jesus Christ of Latter Day Saints wishes to construct a
church at the southwest corner of Monroe and Chestnut. Prior to
issuance of building permit, a church must receive an approved
Conditional Use Permit from the Planning Commission.
Mr. James C. Pope, representing the church, inquired about making
application for such Conditional Use Permit. However, staff could not
accept an application as per interim Ordinance 7048 (sewer moratorium)
since it was our finding that a church would require a new sewer
connection permit.
Mr. Pope has now requested City Council to amend Ordinance 7048 (as
amended by 7050) to permit the acceptance of this Conditional Use
Permit. This amendment is permitted by minute motion as per Ordinance
7050.
For a discussion, see attached memorandum from the Planning Director
to the City Manager.
Exhibits
Memorandum from Planning Director to City Manager dated 9-26-77.
Letter from James Pope to City Manager dated 9-2-77.
Recommendation
If the City Council concurs that discretionary applications for
community project facilities should be allowed to process, the City
Council should make a minute motion amending Ordinance 7048 (as
amended by 7049 and 7050) to permit the acceptance of'applications for
discretionary action for community projects.
Council action
10-4-77 The City Attorney was directed to return to the City Council
with an ordinance to amend the Sewer Mortorium Ordinance to
add an exception for certain privately owned community facilities
FORM PLANNING 73
MEMORANDUM
September 26, 1977
TO: Paul Bussey, City Manager
FROM: James C. Hagaman, Planning Director
SUBJECT: Response to Letter from James Pope, September 2, 1977
Per your request we have researched our files to confirm that in
fact a conditional use permit was granted by Carlsbad Planning
Commission on May 28, 1968 to allow construction of a church building
with accompanying parking facilities on the southwest corner of
Monroe Street and Chestnut Avenue.
Based on code provision 21.58.020, this conditional use permit is now
void since it was not exercised within 18 months from date of approval
of the Planning Commission. I have attached a copy of the resolution
and the code section for your information.
Mr. James Pope was informed that he could not resubmit a conditional
use permit because of the interim sewer moratorium ordinance (Ordinance
7048, as amended by Ordinances 7049 and 7050) without specific approval
from the City Council. This request can be made through Section II
of Ordinance 7050, which states:
"The City Council may lift the moratorium and repeal this
Ordinance in total or in part by minute motion passed by
a majority vote of the entire City Council."
Mr. Pope has requested that the City Council make this minute motion for
lifting of the moratorium so the City can accept the Conditional Use
Permit application for the church. Mr. Pope makes this request on
the basis that there was prior approval of a Conditional Use Permit
and that they were not aware of an expiration date.
I believe this Conditional Use Permit application should be processed;
however, not for the reason expressed by Mr. Pope. His reasons could
lead to acceptance of many previously approved projects. The reason
I recommend amendment is because the moratorium ordinance and the
First Phase Sewer Allocation System did not provide for acceptance
of community facility projects. The allocation system requires all
discretionary action must be complete, but the zone code requires a
Conditional Use Permit for community facilities. Since the sewer
allocation system provides, and to some degree, promotes community
facilities, the ordinance should be amended to permit their
processing.
I recommend that the City Council approve a minute motion amending
Ordinance 7048 (as amended by Ordinances 7049 and 7050) to allow the
acceptance of discretionary applications for community service
facilities. After completion of discretionary action, the applicants
for community facilities would then request City Council approval of
sewer permits under the community facility category of the allocation
system.
Attachments
Planning Commission Resolution 556
Section 21.58.020
JCHrBP:jp
— 2 —
21. 8.010 —21.58.02'0
Chapter 21.58
REVOCATION—EXPIRATION
Sections:
21.58.010 Revocation of permits or variance.
21.58.020 Expiration period.
21.58. 010_^ Revocation of^ permits or variance . The
planning commission may, after a public hearing held in
the manner prescribed in Chapter 21.50 governing variances
and conditional use permits, revoke or modify any permit
or variance issued on any one or more of the following
grounds :
(1) That the approval was obtained by fraud;
(2) That the use for which such approval is granted
is- not being exercised;
(3) That the use for which such approval was granted
has .ceased to exist or has been suspended for one year
or more;
(4) That the permit or variance granted is being,
or recently has been, exercised contrary to the terms .or
conditions of such approval, or in violation of any
statute, ordinance, law or regulation;
(5) That the use for which the approval was granted
was so exercised as to be detrimental to the public health
or safety, or so as to constitute a nuisance. (Ord. 9060
§2200) .
21. 58 .020 Expiratioji ^period. Any conditional use
permit or variance granted by the planning commission or
by the city council on appeal becomes null and void if not
exercised within the time period specified in the resolution
granting the conditional use permit or variance or, if no
time period is specified, within eighteen months from the
date the conditional use permit or variance is granted by
the planning commission or city council. (Ord. 9423 §2,
1975: Ord. S337 §1, 1973: Ord. 9060 §2201)-.
Chapter 21.60
PERMITS — LICENSE ENFORCEMENT
Sections ;
21.60.010 Certificate of occupancy permit.
21.60.020 Conflicting licenses or permits.
21.60.030 Permit issuance for model homes.
452 (Carlsbad 10/15/76) .
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PLANNING COMMISSION RESOLUTION NO. 556
A RESOLUTION GRANTING A CONDITIONAL USE PERMIT ON
PROPERTY LOCATED ON THE SOUTHWESTERLY CORNER OF
MONROE STREET AND CHESTNUT AVENUE.
WHEREAS, pursuant to the provisions of Ordinance No. 9060, the
Planning Commission of the City of Carlsbad did on May 28, 1968,
hold a duly noticed public hearing to consider the application of
JAY LEAR, INC., for a conditional use permit to permit construction
of a church building with accompanying parking facilities and land-
scaping for The Church of Jesus Christ of Latter Day Saints, on
real .property in the City of Carlsbad, County of San Diego, State
of California, commonly known as the Southwesterly corner of Monroe
Street and Chestnut Avenue; and more particularly described as
follows:
Portion of Tract 250, Thum Lands, Map 1681, in
the City of Carlsbad, County of San Diego, State
of California; more particularly described in
Exhibit "B" attached hereto;
WHEREAS, at said public hearing, upon hearing and considering
the testimony and arguments, if any, of all persons who desired to
be heard, said Commission did find the following facts and reasons
to exist which make the granting of a conditional use permit
necessary to carry out the provisions and general purpose of Ordi-
nance No. 9060:
1. That the requested use will be compatible with the ~
surrounding land uses.
2. That the granting of this conditional use permit will not
be detrimental to the surrounding property.
JIOW, THEREFORE, BE IT RESOLVED by the Planning Commission of
the City of Carlsbad that it does hereby grant a conditional use
permit on said property for the purpose of allowing the construction
of a church building with accompanying parking facilities and
landscaping for The Church of Jesus Christ of Latter Day Saints
subject to the following conditions and limitations:
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1. That the granting of this conditional use permit be
subject to approval of Resolution No. 557-A.
2. All utility distribution systems within the boundaries of
the development shall be placed underground.
3. A grading plan shall be submitted as part of the improve-
ment plans.
4.' Improvement plans prepared by a Registered Civil Engineer
shall be required for all improvements. Location, grade, and
details of proposed improvements as indicated upon the tentative
map shall be subject to revision as required for improvement plans,
and approval of the tentative map does not imply acceptance as
submitted. Complete plans and specifications shall be submitted
to the City Engineer for approval before construction of any
improvement is commenced.
5. Ornamental street lighting shall be provided in accordance
with City requirements.
6. A ten foot (101) easement shall be granted along Chestnut
Avenue for street tree purposes.
7. Street improvements, (curb, gutter, sidewalk and pavement),
shall be constructed along the Monroe Street frontage of the propert
Street pavement shall consist of two inches (2") of asphaltic
concrete with stone chip seal coat on a minimum of four inches (4")
of decomposed granite base material on approved subgrade.
Street improvements are not required on Chestnut Avenue
adjoining this project since the street was improved under 1911 Act
Assessment procedures.
-8. Water and sewer service laterals shall be installed as
required by the City.
9. The existing six inch (61) steel water main in Monroe
Street shall be replaced with an eight inch (8") water main.
10. Street trees as required by City standards shall be planted
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11. Survey monuments and any required signs or safety devices
shall be installed.
12. A parcel map will be a satisfactory map of record for
this development.
13. Areas shown as green on Exhibit "A" shall be planted with
shrubs, trees, lawn, flowers and shall be served with an approved
sprinkler system.
14. Landscape and sprinkler plans shall be subject to
approval by the City Planning Department prior to construction.
15. The parking on the Southeast boundary must be ten feet
(10'') from the property line to conform with required setbacks.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the
Carlsbad City Planning Commission held on the 28th day of May,
1968, by the following vote, to wit:
.AYES: Commissioners Smith, Jose, Palmateer, Gullett,
Voorheis and Little.
NOES: None.
ABSENT: None.
ROBERT T. LITTLE, Chairman
. «Jp£E, UR-S Secretary
- 3 -
. Title Insurance and Trust Company
DESCRIPTION' .'""''• . •'. .
THAT PORTION OF TRACT 2&o OF THE TMUM LANDS, IN THE CITY OF
CARLSBAD* IN THE- COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO, 1683, FILED IN THE OFFICE OF. COUNTY.
RECORDER 'OF SAN DIEGO COUNTY, DECEMBER 9, 1935, DESCRIBED AS
FOLLOWS' ' - '
BEGINNING AT THE INTERSECTION OF .THE CENTER LINES OF MONROE
STREET AND MAGNOLIA AVENUE AS SHOWN 0?,' SAID HAP NO. 1683) THENCE
ALONG SAID CENTER LINE Or" MAGNOL I A .AVENUE I SOUTH'61°21'• WEST»
406.'.! FEET TO THE MOST EASTERLY CORNER OF THE TRACT OF LAND
CONVEYED TO WILLIAM BOYES AND MARGARET BOYES, BY DEED DATED
MAY 25, 1S2:> AND RECORDED JUNE B, 1925 IN BOOK 1095* PAGE 150
OF DEEDS, RECORDS OF SAN DIEGO COUNTY j THENCE. NORTH 2SC'39I
WEST, ALONG THE NORTHEASTERLY LINE Or SA!D BOYES LAND. 165,Oo'
FEET TO THE- TRUE POINT OF BEGINNING! THENCE ALONG SAID 'NORTHEASTERLY
LINE AND THr. PROLONGATION THEREOF i NORTH 28°39' WEST, 672.63
FEET TOTHE CENTER LINE OF COUNTY AVENUE - NOW KNOWN AS CHESTNUT
AVENUE--1 THENCE ALONG SAID CENTER LINE, NORTH ST"jT 2D" EAST,
454,63 FEET TO SAID CENTER LINE OF MONROE STREET) THENCE ALONG
SAID CENTER LINE, SOUTH 2f,°38 ' 24 » EAST, 269.00 FEET TO A LINE
WHICH IS DRAWN THROUGH THE TRUE POINT OF BEGINNING! PARALLEL
KITH SAID CENTER LINE OF MAGNOLIA AVENUE* THENCE SOUTH 61°21'
WEST, 406.4'. FEET TO THE TRUE POINT OF BEGINNING.
This is a rt-port of (he tide to the 'and described in your application for.a Policy of Title Insurance, and is m.ide without liafij'uj and
Kttliout obligation to issue such pulley. In addition to any *xc*pfi'Kis shown hertin, an<f not clfjred. the pnficy if issued, *'ill cuntain condi-
tions and stipulations and also exceptions from its coverage as may be required by the particular funn of policy i>sdcd.
674989 PAGE 3
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THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS
CARLSI5AI) CALIFORNIA STAKE
CARLSBAD, CALIFORNIA 92008
September 2, 1977
MR. PAUL BUSSEY, Carlsbad City Manager
1200 Elm Avenue
Carlsbad, California 92008
Re:Permission from City Council to Apply for Conditional Use Permit
Dear Mr. Bussey:
When our church purchased their building site on the corner of Chestnut
and Monroe Streets several years ago, they obtained a Conditional Use
Permit to build a church. We were under the impression that this permit
was good indefinitely. However, Mr. James Hagaman informed us that the
permit has expired. We were also informed that due to the planning
moratorium, it would be necessary to get approval from the City Council
to apply for a Conditional Use Permit.
We have the working plans drawn and are ready to begin construction. Our
church headquarters in Salt Lake City have given approval to start con-
struction, The money has been appropriated and we now find we must process
a new Conditional Use Permit.
We, therefore, request from the City Council permission to process a
Conditional Use Permit to build a church on the corner of Chestnut and
Monroe Streets. If this matter could be placed on your earliest council
agenda, we would be most grateful.
Respectfully,
/JAMES C. POPE
^Local Church Representative
JCPimp