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HomeMy WebLinkAbout1985-07-02; City Council; 8215-1; Granting Appeal from Planning Commission DecisionCll OF CARLSBAD - AGENC BILL /A AB* 8215-#1 MT^ 7/2/85 DFPT, CA TITLE' GRANTING THE APPEAL FROM PLANNING COMMISSION DECISION TO DENY CONDITIONAL USE PERMIT TO LOCATE A CHURCH AT 5731 PAT-MFR WA"V SUITE D, IN THE M-Q ZONE. CUP-272 - LA COSTA LUTHERAN CHURCH DEPT HD. CITY ATTY\JQR CITY MQR-2?*= s IQ_ Q. o1 ^o oo RECOMMENDED ACTION: If the City Council concurs with the findings in Resolution No. (po^tf" , and wishes to grant the appeal to Planning Commission's decision to deny CUP-272 your action is to adopt Resolution No. ITEM EXPLANATION The City Council at your meeting of June 18, 1985 directed the City Attorney to prepare the document granting an appeal from the Planning Commission's decision to deny a Conditional Use Permit CUP-272 to locate a church at 5731 Palmer Way/ Suite D in the M-Q zone. As directed, we have prepared the attached resolution making the necessary findings of facts. The City Council should satisfy yourselves that we have accurately incorporated the Council's intentions in the matter in the resolution. If the Council concurs, your action is to adopt Resolution No. EXHIBIT Resolution No. a $in O UJ < U- = Z > t o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 i z 8 S 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO.8088 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA GRANTING THE APPEAL FROM THE PLANNING COMMISSION'S DENIAL OF A CONDITIONAL USE PERMIT CUP-272 TO LOCATE A CHURCH AT 5731 PALMER WAY, SUITE D IN THE M-Q ZONE AND GRANTING THE CONDITIONAL USE PERMIT. APPLICANT: LA COSTA LUTHERAN CHURCH CASE NO.; CUP - 272 WHEREAS, a verified application for a conditional use permit for certain property to wit: Unit 11 of Lot 1 of Carlsbad Tract 83-37 according to Map 11094 filed November 30, 1984 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, the Planning Commission did on the 8th day of May, 1985 and on the 22th day of May, 1585 hold duly noticed public hearings as prescribed by law to consider said request; and WHEREAS, the Planning Commission did on May 22, 1985, after said public hearings, deny the request for a conditional use permit; and WHEREAS, 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 Comission on May 22, 1985 in satisfaction of the requirements of the Carlsbad Environmental Protection Ordinance and the California Environmental Quality Act; and Q m O LLJ <_z •5> UJ 2 § >-H O 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 WHEREAS, the applicant appealed the decision of the Planning Commission to the City Council; and WHEREAS, on June 18, 1985 the City Council of the City of Carlsbad held a duly noticed public hearing as prescribed by law to consider said appeal and at said hearing after consideration of all the evidence, testimony, argument of those persons present and desiring to be heard the City Council determined to grant the appeal. NOW, THEREFORE, BE IT RESOLVED by the City Council 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 City Council grants the applicant's appeal and approves Conditional Use Permit CUP-272 as shown on Exhibit A, attached hereto and made a part hereof, 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 Sunday when the majority of the uses in this project will be closed. 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 time. 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 2. Q CDCO - O LIJO u_ =>_ O Q OC ^ CD O 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 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. 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 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 of an appropriate condition to pay a public facilities fee. 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 Planning Commission on May 22, 1985. Conditions; 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. 3) This project is approved upon the express condition that the applicant shall pay a public facilities fee as required by City 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. 3. atin is ! "• ' —I Oi_ >- UJ Z £ O QMl Z O <o £ « S52 3> P DC< <>- O O 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 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 require 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 all 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 written 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. 8) 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 65913.5. 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. 9) The proposed church shall only hold services on Sundays or legal holidays or after 6:00 PM on Monday through Saturday. No large assemblages (over 10 persons) of people shall be permitted during standard work hours of 8:00 AM to 6:00 PMMonday through Friday. 4. a <n § . o m < 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 § 16 O 17 18 19 20 21 22 23 24 25 26 27 28 10) No pre-school or day care services shall be provided at this location other then on Sunday during religious services. 11) The church shall not be used for any purpose except religious services, Sunday School and choir practice without approval of the Land Use Planning Manager. Engineering; 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. 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. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 2nd day of July 1985 by the following vote, to wit: AYES: Council Members Casler, Lewis, Chick and Pettine NOES: None ABSENT: Council Member Kulchin MARY H. CASLER, Mayor CLAUDE A. LEWIS, Mayor Pro Tern ATTEST: ALETHA L. RAUTENKRANZ, City Cl^rk 5. EXHIBIT A LOCATION MAP LA COSTA LUTHERAN CUP-272 3 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 TELEPHONE: (714)438-5621 €itp of Cartebab July 10, 1985 La Costa Lutheran Church 7573 Caloma Circle Carlsbad, CA 92008 Enclosed for your records, please find a copy of the following Resolution 8088 t adopted by the Carlsbad City Council on July 2, 1985 Sincerely, LEE RAUTENKRANZ, LR:adm Enclosures ( 1 )