HomeMy WebLinkAbout1985-06-18; City Council; 8215; Request for Conditional Use PermitCIT^OF CARLSBAD — AGEND/r~3ILL
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PLNDEPT.
REQUEST FOR A CONDITIONAL USE PERMIT
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WAY, SUITE D IN THE M-Q ZONE.
CUP-272 - LA COSTA LUTHERAN CHURCH
DEPT. HD. d&
CITY ATTYVSO-
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RECOMMENDED ACTION:
The Planning Commission is recommending that the City Council
UPHOLD their decision to DENY CUP-272.
ITEM EXPLANATION
This item is an appeal by a Council Member of a Planning
Commission denial to a conditional use permit to locate a church
in an industrial building at 5731 Palmer Way, Suite "D". This
suite has a floor area of 2040 square feet and is located in the
Faraday Business Park. The applicant has informed staff that
they intend to have up to 125 people attending Sunday services at
the proposed location.
This item was first heard at the May 8, 1985 Planning Commission
meeting. At that time the Land Use Planning staff along with the
Police and Fire Departments were recommending denial of the
proposed conditional use permit. This recommendation was based
on several factors. One of the purposes of the industrial zone
is to create an area where potentially offensive uses could be
located away from large assemblages of people. Locating a church
with its large assemblages of people is contradictory to this
goal and to the intent of the general plan which states that our
industrial areas should be protected from the encroachment of
non-industrial uses. The Land Use Planning, Fire and Police
Departments were particularly concerned about the possibility of
the exposure of a large number of people to flamable or toxic
fumes. It is impossible for the city to know exactly what
chemicals will be stored or processed within the same or adjacent
buildings, including common materials such as gasoline and paint
thinner.
At the May 8th Planning Commission meeting staff was directed to
return with possible conditions of approval and with a
representative of the Fire Department to explain the Fire
Department's concerns. At the Planning Commission meeting of May
22, 1985, Mike Smith of the Carlsbad Fire Department explained
his department's concerns about the proposed use. After hearing
and discussing these concerns the majority of the commissioners
present voted to deny the proposed use.
For further information please see the attached staff report and
memorandum to the Planning Commission.
Page 2 of Agenda Bill # 8*3 IS~
ENVIRONMENTAL REVIEW
The Land Use Planning Manager has determined that this project
will not cause any significant environmental impacts and,
therefore, has issued a Negative Declaration, dated May 9, 1985,
which was approved by the Planning Commission on May 22, 1985. A
copy of the environmental documents is on file in the Land Use
Planning Office.
FISCAL IMPACT
The increased need for city capital facilities resulting from
this development will be offset by the payment of the public
facilities fee. Any capital facilities related directly to this
development will be constructed and paid for by the developer.
Increased operating expenses related to this development will be
offset to some extent from increased tax or fee revenue generated
by the development. No detailed economic impact analysis of this
development has been conducted at this time so predictions of the
portion of operating expenses covered by additional operating
revenue created as a result of this project cannot be made.
EXHIBITS
1. Location Map
2. PC Resolution No. 2436
3. Staff Report dated, May 8, 1985
4. Memorandum dated. May 22, 1985
LOCATION MAP
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LA COSTA LUTHERAN CUP-272
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PLANNING COMMISSION RESOLUTION NO. 2436
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A RESOLUTION OP THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, DENYING A CONDITIONAL USE PERMIT TO
LOCATE A TEMPORARY CHURCH ON PROPERTY GENERALLY LOCATED AT
5731 PALMER WAY, SUITE D.
APPLICANT: LA COSTA LUTHERAN CHURCH
CASE NO.! CUP-272
WHEREAS, a verified application has been filed with the
City of Carlsbad and referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request as
provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code,
the Planning Commission did, on the 8th day of May, 1985 and on the
22nd day of May, 1985, hold a duly noticed public hearing to
consider said application on property described as:
Unit 11 of Lot 1 of Carlsbad Tract 83-37 according to Map
11094 filed November 30, 1984.
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WHEREAS, at said public hearing, upon hearing and
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considering all testimony and arguments, if any, of all persons
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desiring to be heard, said Commission considered all factors
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relating to CUP-272.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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Commission of the City of Carlsbad as follows:
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A) That the above recitations are true and correct.
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subject to the following conditions:
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Findings;
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1 ) The uses specifically allowed in the M-Q zone could
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in the staff report.
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2) The existing yards, walls and buildings are inadequate to
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in the neighborhood as discussed in the staff report.
B) That based on the evidence presented at the public hearing, the
Commission DENIES CUP-272, based on the following findings and
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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 22nd day of May, 1985, by the following vote, to wit:
AYES Commissioners: L'Heureux, Marcus & McFadden.
NOES: Commissioners: Smith & Rombotis.
ABSENT: Chairman Farrow & Vice-chairman Schlehuber.
ABSTAIN: None.
JERRY ROMBOTIS, ACTING CHAIRMAN
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HOLZMILLER
LAND USE PLANNING MANAGER
PC RESO NO. 2436
APPLICATION SUBMITTAL- DATE
MP 'H 14, 1985
STAFF REPORT
DATE: MAY 8, 1985
TO: PLANNING COMMISSION
FROM: LAND USE PLANNING OFFICE
SUBJECT: CUP-272 - LA COSTA LUTHERAN CHURCH - Request for a
conditional use permit to allow a church at Unit D, 5731
Palmer Way in the M-Q zone.
I. RECOMMENDATION
It is recommended that the Planning Commission ADOPT Resolution
No. 2436 DENYING CUP-272 based on the findings contained
therein.
II. PROJECT DESCRIPTION
The applicant is requesting a conditional use permit to allow a
church to temporarily locate in Unit D of Building No. 5731 at
the Faraday Business Park in the M-Q zone. The Faraday Business
Park is a recently constructed industrial condominium complex
located at the intersection of Palmer Way and Faraday Road. At
the present time approximately half of the units in this project
have been sold. Many of the units that have already been sold
are being occupied by warehouse-office type of uses. These are
uses intended by the M zone.
Unit D, the location of the proposed church has a first floor
area of 2040 square feet and second story mezzanine floor area
of 720 square feet for a combined area of 2760 square feet. The
applicant has informed staff that they expect to have up to 125
people attending Sunday Services at the proposed location.
III. ANALYSIS
Planning Issues
1) Can the required findings, for approval of a conditional
use permit, be made? Specifically:
a) That the requested use is necessary or desirable for
the development of the community, is essentially in
harmony with the various elements and objectives of
the general plan, and is not detrimental to existing
uses or to uses specifically permitted in the zone
in which the proposed use is to be located.
b) That the site for the intended use is adequate in
size and shape to accommodate the use.
c) That all of the yards, setbacks, walls, fences,
landscaping, and other features necessary to adjust
the requested use to existing or permitted future
uses in the neighborhood will be provided and
maintained.
d) That the street system serving the proposed use is
adequate to properly handle ail traffic generated
by the proposed use.
Discussion
Staff has concerns about locating a church in an industrial
area. One of the purposes of zoning is to separate incompatible
land uses. The purpose of the M zone is to create an area where
potentially offensive industrial uses can be located away from
residential areas and large assemblages of people. Locating a
church in this type of area is contradictory to this goal and to
the intent of the General Plan regarding industrial uses. The
general plan states as a policy that we should "protect areas
designated for industrial use from encroachment by non-
industrial uses."
The applicant believes that the proposed use will not cause any
problems because the church use will occur on Sunday when most
of the industrial uses in the building would be inactive. Some
cities agree with this philosophy and have allowed uses such as
churches and schools to locate in their industrial areas on
a temporary basis.
However, the Land Use Planning staff along with the Police and
Fire Departments (see attached Memo) have safety concerns about
locating a church in an industrial area. Of particular concern
is the possibility of the exposure of a large group of people to
flammable or toxic fumes. It is impossible for the City to know
exactly what chemicals will be processed or stored within the
same building or adjacent buildings. Several months ago a fire
occurred in a paint storage room of an industrial building in
San Diego causing the release of toxic fumes. Two schools which
the City of San Diego had permitted near the site had to be
evacuated. If this type of accident occurred during a church
service, there is the potential for a large number of people to
be immediately exposed to flames or toxic fumes with little or
no warning.
Staff realizes the need for a church to have a temporary meeting
place until a permanent facility can be financed and
constructed. However, staff believes that an industrial area is
not the appropriate location for a church or a school even on
a temporary basis. The most appropriate location for a church
is in or immediately adjacent to residential areas where they
will be in close proximity to the people they serve. If a
church must locate somewhere on a temporary basis staff believes
it would be more appropriate to locate in a commercial or
straight office building rather then an industrial area. There
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would be less chance of being exposed to an industrial type
accident and most commercial and office areas are in closer
proximity to residential areas.
Staff believes that the uses specifically allowed in the
industrial zone could potentially be detrimental to the proposed
church. Since staff can not make all of the findings required
to approve a conditional use permit, staff must recommend denial
of CUP-272.
ATTACHMENTS
1) Planning Commission Resolution No. 2436
2) Location Map
3) Background Data Sheet
4) Disclosure Form
5) Memo, dated April 22, 1985
6) Exhibits "A" and "B", dated April 11, 1985
MHrbn
4/24/85
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PLANNING COMMISSION RESOLUTION NO. 2436
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO
LOCATE A TEMPORARY CHURCH ON PROPERTY GENERALLY LOCATED AT
5731 PALMER WAY, SUITE D.
APPLICANT: LA COSTA LUTHERAN CHURCH
CASE NO.; CUP-272
WHEREAS, a verified application has been filed with the
City of Carlsbad and referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request as
provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code,
the Planning Commission did, on the 22nd day of May, 1985, hold a
duly noticed public hearing to consider said application on property
described as:
Unit 11 of Lot 1 of Carlsbad Tract 83-37 according to Map
11094 filed November 30, 1984.
__ WHEREAS, at said public hearing, uoon hearing and15
considering all testimony and arguments, if any, of all persons16
desiring to be heard, said Commission considered all factors
relating to CUP-272.
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MOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing,
the Commission APPROVES CUP-272, based on the following
findings and subject to the following conditions:
Findings;
1 ) The proposed use is necessary and desirable for the
development of the community, is essentially in harmony with
the various elements and objectives of the General Plan and is
not detrimental to existing uses specifically permitted in
this zone since the proposed use will occur on Sundays when
the majority of the uses in this project will be closed.
3) All of the yards, setbacks, walls, fences, landscaping and
other features necessary to adjust the requested use to
existing and future uses in the neighborhood will be provided
and maintained. The proposed uses will be separated from
other uses in the same building by a one hour fire wall on one
" side and a four hour firewall on the other side.
rj' 4) The street system serving the property is adequate to properly
handle all traffic generated by the proposed use since traffic
generated by the proposed use will only be occur when most of
the other uses in this area will be closed.
5) The project is consistent with all City public facility pol-
icies and ordinances since:
a) All necessary public improvements have been provided" "or
will be required as conditions of approval.
b) The applicant has agreed and is required by the inclusion
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2) The subject property is adequate in size and shape to
accommodate the proposed use since the suite has floor area of
approximately 2760 square feet and the applicants do not
expect to have more then 125 people attending services at one
Performance of that contract and payment of the fee will
enable this body to find that public facilities will be
available concurrent with need as required by the general
plan.
6) This project will not cause any significant environmental
impacts and a Negative Declaration has been- issued by the Land
Use Planning Manager on May 9, 1985 and approved by the
planni
Conditions;
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planning Commission on May 22, 1985.18
1 ) Approval is granted for CUP-272, as shown on Exhibits "A" and
"B", dated April 11, 1985, incorporated by reference and on
file in the Land use Planning Office. Development shall occur
substantially as shown unless otherwise noted in these
conditions.
2) This project is approved upon the express condition that
building permits will not be issued for development of the
subject property unless the City Engineer determines that sewer
facilities are available at the time of application for such
sewer permits and will continue to be available until time of
occupancy.
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PC RESO NO. 2436 -2-
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3) This project is approved upon the express condition that the
applicant shall pay a public facilities fee as required by Cit}
Council Policy No. 17, dated April 2, 1982, on file with the
City Clerk and incorporated herein by reference, and according
to the agreement executed by the applicant for payment of said
fee, a copy of that agreement, dated November 22, 1983, is on
file with the City Clerk and incorporated herein by reference.
If said fee is not paid as promised, this application will not
be consistent with the General Plan and approval for this
project shall be void.
4) Approval of this request shall not excuse compliance with all
sections of the Zoning Ordinance and all other applicable City
' ordinances and adopted codes in effect at time of building
permit issuance.
5) Water shall be provided to this project pursuant to the Water
Service agreement between the City of Carlsbad and the Costa
Real Water District, dated May 25, 1983.
6) Any signs proposed for this development shall be designed in
conformance with the City's Sign Ordinance and shall req'uire
review and approval of the Land Use Planning Manager prior to
installation of such signs.
7) This conditional use permit is granted for a period of two
years. This conditional use permit shall be reviewed by the
Land Use Planning Manager on a yearly basis to determine if al]
conditions of this permit have been met and that the use does
not have a significant detrimental impact on surround-
ing properties or the public health and welfare. If the Land
Use Planning Manager determines that the use has such
significant adverse impacts, the manager shall recommend that
the Planning Commission, after providing the permittee the
opportunity to be heard, add additional conditions to mitigate
the significant adverse impacts. This permit may be revoked at
any time after a public hearing, if it is found that the use
•^ has a significant detrimental affect 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 five years upon writter
application of the permittee made not less than 90 days prior
to the expiration date. In granting such extension, the
Planning Commission shall find that no substantial adverse
affect on surrounding land uses or the public's health and
welfare will result because of the continuation of the
permitted use. If a substantial adverse affect on surrounding
land uses or the public's health and welfare is found, the
extension shall be considered as an original application for a
conditional use permit. There is no limit to the number of
extensions the Planning Commission may grant.
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PC RESO NO. 2436 . -3-
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_8) If any condition for construction of any public improvements o
facilities, or the payment of any fees in lieu thereof, impose
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^ determined to be invalid this approval shall be invalid unless
after 6:00 PM on weekdays. No large assemblages (over 10
persons) of people shall be permitted during standard work
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11) The church shall not be used for any purpose except religious
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by this approval or imposed by law on this project are
challenged this approval shall be suspended as provided in
Government Code Section 65913.5. If any such condition is
the City Council determines that the project without the
condition complies with all requirements of law.
9) The proposed church shall only hold services on Sundays or
hours of 8:00 AM to 6:00 PM Monday through Friday.
10) No pre-school or day care services shall be provided at this
location other then on Sunday during religious services.
services, Sunday School and choir practice without approval of
the Land Use Planning Manager.
Engineering;
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12) The developer shall comply with all the rules, regulations and
.., design requirements of the respective sewer and water agencies
regarding services to the project.
1 13) The developer shall provide the City with a reproducible mylar
_,. copy of the site plan as approved by the Planning Commission.
The site plan shall reflect the conditions of approval by the
City. The plan copy shall be submitted to the City Engineer
prior to improvement plan submittal.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, California, held on2
the 22nd day of May, 1985, by the following vote, to wit:3
AYES:
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NOES:5
ABSENT:
ABSTAIN:
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MICHAEL J. HOLZMILLER
LAND USE PLANNING MANAGER
VERNON J. FARROW, JR., Chairman9 CARLSBAD PLANNING COMMISSION
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PC RESO NO. 2436 -5-
BACKGROUND DATA SHEET
CASE NO: OJP-272
APPLICANT: LA COSTA LUTHERAN CHURCH
REQUEST AND LOCATION: Conditional use permit to temporarily locate a church in
an industrial building at 5731 Palmer Way.
LEGAL DESCRIPTION: Unit 11 of Lot 1 of Carlsbad Tract 83-37 according to Map
11094 filed November 30, 1984. APN; 209-040-17
Acres Proposed No. of Lots/Units
GENERAL PLAN AND ZONING
Land Use Designation P-I
Density Allowed Density Proposed
Existing Zone M-Q Proposed Zone —
Surrounding Zoning and Land Use:
Zoning Land Use
Site M-Q Industrial
North M-Q Vacant
South M-Q Vacant
East M-Q Industrial
West M-Q Office
PUBLIC FACILITIES
School District Carlsbad Water Carlsbad Sewer Carlsbad EDU's
Public Facilities Fee Agreement, dated November 22, 1983
ENVIRONMENTAL IMPACT ASSESSMENT
Negative Declaration, issued
E.I.R. Certified, dated
Other, Prior Compliance, dated April 19, 1985
the information you have submitted nas oeen reviewed, it xs aeceraj.n.ea
Further informatio >s required, you will be so at
APPLICANT:
AGENT:
La Costa Luthern Church -Corp. No. 110970*+0
Name (individual, partnership, joint venture, corporation, syndication)
7573 Calo«a Circle, Carlsbad, Ca. 92008
Business Address
^36-4595
Telephone Number
Name
Business Address
MEMBERS:
Telephone Number
See Attached
Name -(individual, partner, joint
venture, corporation, syndication)
Home Address
Business Address
Telephone Number Telephone dumber
Naae Home Address
Business Address
Telephone Nuaber Telephone Suctber
(Attach more sheets if necessary)
I/We declare under penalty of perjury that the information contained in this dis
closure is true and correct and that it will remain true and correct and may be'
relied upon as being true and correct until amended.
u
Agent, Owner,Par£neOwnnee
April 22, 1985
TO: MIKE HOWES, LAND USE PLANNING p,=; i1- '
FROM: Brian Watson, Fire Department
CHURCH USE IN INDUSTRIAL PARK
There are some potential conflicts with placing a church use within an industrial
park. A church is classified as an assembly occupancy, or a place where
relatively large numbers of people congregate. The greatest potential conflict
is placing large numbers of people in close proximity to buildings or portions
of buildings which might contain hazardous materials.
While the church usage will be classified as an A-3 occupancy, the remainder
of the building would be a B-2. Non-flammable and non-explosive hazardous
materials are permitted in B-2 occupancies, as long as required protective steps-
are taken. The inclusion of protective measures does not preclude the possibility
of an emergency incident occurring involving the hazardous materials.
A typical incident involving hazardous materials will usually involve the
evacuation of people in the immediate area and the possibility of providing
emergency medical treatment. The introduction of more people into the area only
compounds the degree of the emergency. We might very well expect that the
number of people in one assembly occupancy would equal or exceed the total
number of employees in a typical small industrial building or complex.
Please take this information into consideration when reviewing the proposed use.
BRIAN WATSON
Battalion Chief
DEVELOPMENTAL 0L....J& 1200 ELM AVENUE
SERVICES • N§£^ • CARLSBAD, CALIFORNIA 92008-1989
LAND USE PLANNING OFFICE mf^Lf!f (619) 438'5591
Cttp of Cartebab
PUBLIC NOTICE OF PRIOR ENVIRONMENTAL COMPLIANCE
Please Take Notice:
The Land Use Planning Office has determined that the environmental
effects of the project described below have already been considered in
conjunction with previously certified environmental documents and,
therefore, no additional environmental review will be required and a
notice of determination will be filed.
Project Title: La Costa Lutheran Church.
Project Location: 5731 Palmer Way, Unit D.
Project Description: Conditional use Permit to temporarily locate a
church in an industrial building.
Justification for this determination is on file in the Land Use
Planning Office, City Hall, 1200 Elm Avenue, Carlsbad, CA. Comments
from the public are invited. Please submit comments in writing to the
Land Use Planning Office within ten (10) days of date of publication.
Dated: April 19, 1985 ,
A*1MICHAEL J. HOLZMILLER
Case No: CUP-272 Land Use planning Manager
Applicant: La Costa Lutheran
Publish Date: April 27, 1985
PC 1
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DEVELOPMENTAL
SERVICES
LAND USE PLANNING OFFICE
1200 ELM AVENUE
CARLSBAD, CALIFORNIA 92008-1989
(619) 438-5591
of Carlsbab
NEGATIVE DECLARATION
PROJECT ADDRESS/LOCATION: 5731 Palmer Way, Suite D.
PROJECT DESCRIPTION: Conditional Use Permit for a temporary Church.
The City of Carlsbad has conducted an environmental review of the
above described project pursuant to the Guidelines for Implementation
of the California Environmental Quality Act and the Environmental
Protection Ordinance of the City of Carlsbad. As a result of said
review, a Negative Declaration (declaration that the project will not
have a significant impact on the environment) is hereby issued for the
subject project. Justification for this action is on file in the
Land Use Planning Office.
A copy of the Negative Declaration with supportive documents is on
file in the Land Use Planning Office, City Hall, 1200 Elm Avenue,
Carlsbad, CA. 92008. Comments from the public are invited. Please
submit comments in writing to the Land Use Planning Office within ten
(10) days of date of issuance.
DATED: May 9, 1985
CASE NO: CUP-272
APPLICANT: LA COSTA LUTHERAN CHURCH
PUBLISH DATE: May 15, 1985
MICHAEL J. HOLZMILLER
Land Use Planning Manager
ND-4
5/81
MEMORANDUM
DATE: MAY 22, 1985
TO: PLANNING COMMISSION
FROM: LAND USE PLANNING OFFICE
SUBJECT: CUP-272 - LA COSTA LUTHERAN CHURCH - Request for a
conditionaluse permitto temporarily locate a church at
5731 Palmer Way, Suite D in the M-Q zone.
This item was continued from the May 8, 1985 Planning Commission
meeting. At that time staff was recommending denial of the
proposed conditional use permit. The Commission believed that
the proposed use could be conditioned so that it would be an
acceptable use in the industrial area. Staff was directed to
meet with the applicant and return with a resolution containing
conditions of approval for the Planning Commission to review.
MH:bn
5/10/85
Carlsbad Journal
Decreed a Legal Newspaper by the Superior Court of San Diego County
31 38 ROOSEVELT ST. • P.O. BOX 248 • CARLSBAD, CA 92008 • 729-2345
Proof of Publication
STATE OF CALIFORNIA, ss
COUNTY OF SAN DIEGO,
I am a citizen of the United States and a resident of the county aforesaid;
I am over the age of eighteen years, and not a party to or interested in the above entitled matter.
I am principal clerk of the printer of the CdMsbdd JoUITldl a newspaper of general circulation,
published twice weekly in the City of Carlsbad, County of San Diego, State of California, and which
newspaper is published for the dissemination of local news and intelligence of a general character, and
which newspaper at all times herein mentioned had and still has a bona fide subscription list of paying
subscribers, and which newspaper has been established and published at regular intervals in the said
City of Carlsbad, County of San Diego, State of California, for a period exceeding one year
next preceding the date of publication of the
notice hereinafter referred to; and that the notice
of which the annexed is a printed copy, has been
published in each regular and entire issue of said
NOTICE OF PUBLIC newspaper and not in any supplement thereof on
the following dates, to-wit:^
JuneS ... 19 .8 5
CUP-272
NOTICE IS HEREBY GIVEN that
the City Council of the City of Carls-
bad will hold a public hearing at
the City Council Chambers, 1200
Elm Avenue, Carlsbad, California,
at 6:00 P.M. on Tuesday, June 18,
1985, to consider an appeal of the
Planning Commission denial of a
conditional use permit to allow a
church on property generally lo-
cated at Unit D, S731 Palmer Way, in
the M-Q zone and more particularly
described as:Unit 11 of Lot 1 of Carlsbad Tract
83-37, according to Map 11094, filed
November 30,1984.
If you challenge the conditional
use permit in court, you may be lim-
ited to raising only those issues you
or someone else raised at the pub-
lic hearing described in this notice,
or in written correspondence deliv-
ered to the City of Carlsbad at or
prior to the public hearing.
Appellant: Ann J. Kulchin
CARLSBAD CITY COUNCIL
CJ 4318: June 8,1985-
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I certify under penalty of perjury that the foregoing is true
and correct. Executed at.Carlsbad, County of San Diego,
State of California on tne oth
day of June. 1985 rvi
1.5M-11/84 uferk of the Printer
MAY 31, 1985
TO: CITY CLERK
FROM: Councilwoman Ann Kulchin
APPEAL OF PLANNING COMMISSION DECISION ON CUP 272
(La Costa Lutheran Church)
This is a formal request that the City Council review
the decision of the Planning Commission to deny CUP 272.
There was not a full Planning Commission in attendance
the night this item was heard and apparently there was
some confusion regarding the possibility of industrual
accidents occuring in the building where the church is
proposed. For these reasons, I feel further consideration
is necessary.
ANN J. K
Councilwoirja
AJK:ld
NOTICE OF PUBLIC HEARING
APPEAL
CUP-272
NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold
a public hearing at the City Council Chambers, 1200 Elm Avenue, Carlsbad,
California, at 6:00 P.M., on Tuesday, June 18, 1985, to consider an appeal
of the Planning Commission denial of a conditional use permit to allow a
church on property generally located at Unit D, 5731 Palmer Way, in the
M-Q zone and more particularly described as:
Unit 11 of Lot 1 of Carlsbad Tract 83-37, according to Map
11094, filed November 30, 1984.
If you challenge the conditional use permit in court, you may be limited to
raising only those issues you or someone else raised at the public hearing
described in this notice, or in written correspondence delivered to the
City of Carlsbad at or prior to the public hearing.
APPELLANT:
PUBLISH:
Ann J. Kulchin
June 8, 1985 CARLSBAD CITY COUNCIL
LOCATION MAP
LA COSTA LUTHERAN CUP-272
MAY 31, 1985
TO: CITY CLERK
FROM: Councilwoman Ann Kulchin
APPEAL OF PLANNING COMMISSION DECISION ON CUP 272
(La Costa Lutheran Church)
This is a formal request that the City Council review
the decision of the Planning Commission to deny CUP 272.
There was not a full Planning Commission in attendance
the night this item was heard and apparently there was
some confusion regarding the possibility of industrual
accidents occuring in the building where the church is
proposed. For these reasons, I feel further consideration
is necessary.
ANN J. KULCtfIN
Councilwoma
AJK:ld
1200 ELM AVENUE
CARLSBAD, CALIFORNIA 92008
Office of the City Clerk
TELEPHONE:
(714)438-5535
Ct'tp of Cartebab
APPEAL FORM
X (We) appeal the following decision of the Planning
Commission Resolution No. 2*1-36 to the City Council:
Project name and number (or subject of appeal); La Costa Lutheran
Church request for Conditional Use Permit, Case No. CUP-272.
To locate a TEMPORARY Church @ 5731 Palmer Way, Suite D.
Date of decision:22 May 1985
Reason for appeal; 1* An apparent division of opinion among the full
Planning Commission meeting on 8 May and the partial Commission
meeting of 22 May. There were two absences at the May 22 meeting
which reversed the majority view of May 8th meeting.
2. See back of this sheet I
31 May 1985
Date
Name (Please prnt)
Address
Telephone Number
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Carlsbad will
hold a public hearing at the City Council Chambers, 1200 Elm Avenue, Carlsbad,
California, at 6:00 p.m. on Wednesday, May 8, 1985, to consider approval of a
conditional use permit to allow a church on property generally located at unit
D, 5731 Palmer Way in the M-Q zone and more particularly described as:
Unit 11 of Lot 1 of Carlsbad Tract 83-37 according to Map 11094 filed
November 30, 1984.
Those persons wishing to speak on this proposal are cordially invited to attend
the public hearing. If you have any questions please call the Land Use Planning
Office at 438-5591.
If you challenge the (nature of the proposed action) in court, you may be
limited to raising only those issues you or someone else raised at the public
hearing described in this notice, or in written correspondence delivered to the
City of Carlsbad at or prior to the public hearing.
CASE FILE: CUP-272
APPLICANT: LA COSTA LUTHERAN CHURCH
PUBLISH: April 27, 1985
CITY OF CARLSBAD PLANNING COMMISSION
PEOPLE (Neighbors) within a 600 radius of 5731 Palmer Way
Unit -D- :
Carlsbad Pacific Business Center
c/o The Koll Company
7330 Engineer Road,
San Diego, CA 92111
Irrigantion Landscapre Products
5701 El Camino Real,
Carlsbad, CA 92008
El Camino Rental
5701 El Camino Real
Carlsbad, CA 92008
Henery & Itsuke Yada
5538 El Camino Real
Carlsbad, CA 92008
R. W. Daniels, Jr.
2930 E. Third Avenue
Denver, Colorado 80206
Cablevision General Offices
5720 Ei Camino Real
Carlsbad, CA 92008
The Hollenbeck Group
5751 Palmer Way, Suite G
Carlsbad, CA 92008
California First Bank PR
P.O. Box 109
San Diego, CA 92112
Beckman Instruments, Inc.
2400 Harbor Blvd.
Fullerton, CA 92634
Palomar Peck Center Partnership
3151 Airway Avenue, Bldg. G-3
Costa Mesa, CA 92626
Koll-Wells/ El Camino Associates
7330 Engineer Road
San Diego, CA 92111
Skaly Enterprises
5751 Palmer Way Unit E
Carlsbad, CA 92008
Mr. Al Eoff
5731 Palmer Way, Unit E
Carlsbad, CA 92008
Mr. John Korelich, Jr.
5731 Palmer Way, Unit G
Carlsbad, CA 92008
Ruhnan, MeGavin and Huhnan
5751 Palmer Way, Unit A
Carlsbad, CA 92008
Mr. Jim Lambert
2441 Impala Drive
Carlsbad, CA 92008