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HomeMy WebLinkAbout2011-09-07; Planning Commission; Resolution 68001 PLANNING COMMISSION RESOLUTION NO. 6800 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW HOLY CROSS 4 EPISCOPAL CHURCH TO OPERATE AND HOLD WORSHIP SERVICES IN AN EXISTING 5,208 SQUARE FOOT VACANT OFFICE/INDUSTRIAL BUILDING (BUILDING "E") ON 6 PROPERTY LOCATED AT 2510 GATEWAY ROAD WITHIN THE BRESSI RANCH MASTER PLAN, PLANNED 7 INDUSTRIAL (P-M) ZONE, IN LOCAL FACILITIES MANAGEMENT ZONE 17. 8 CASE NAME: HOLY CROSS EPISCOPAL CHURCH 9 CASE NO.: CUP 11-04 10 WHEREAS, Holy Cross Episcopal Church, "Developer," has filed a verified 11 application with the City of Carlsbad regarding property owned by Ocean Collection LP, "Owner," described as 13 Parcel "A" in the City of Carlsbad, County of San Diego, State 14 of California, according to certificate of compliance recorded December 20, 2006 as document No. 2006-0902548 of official records 16 ("the Property"); and 17 WHEREAS, said verified application constitutes a request for a Conditional Use18 JQ Permit as shown on Exhibit "A" dated September 7, 2011, on file in the Planning Department, 20 HOLY CROSS EPISCOPAL CHURCH - CUP 11-04, as provided by Chapter 21.42 and/or 21 21.50 of the Carlsbad Municipal Code; and 22 WHEREAS, the Planning Commission did, on September 7, 2011, hold a duly 23 noticed public hearing as prescribed by law to consider said request; and 24 WHEREAS, at said public hearing, upon hearing and considering all testimony 25 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 27 relating to the CUP. 28 1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 2 Commission of the City of Carlsbad as follows: 3 A) That the foregoing recitations are true and correct. 4 c B) That based on the evidence presented at the public hearing, the Commission APPROVES HOLY CROSS EPISCOPAL CHURCH - CUP 11-04, based on 6 the following findings and subject to the following conditions: 7 Findings: Note: These findings are not applicable to 1st Amendment uses; see Section 21.42.030.B 9 1. That the requested use is necessary or desirable for the development of the community, 10 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 Conditional Use Permit in any zone in the city for the convenience of residents. The City's General Plan recognizes the need for this type of use and the proposed 13 church use is consistent with the General Plan (Refer to Section "A") regarding the availability of community facility uses (including churches) for residents of 14 Carlsbad. 2. That the requested use is not detrimental to existing uses or to uses specifically permitted 16 in the zone in which the proposed use is to be located in that the proposed church is compatible with the residential development to the south and the existing 17 office/industrial uses located on-site and within the surrounding P-M zone. The project has been designed to accommodate all required parking on-site and provides for adequate traffic circulation. Additionally, the church's primary hours of operation (occasional Saturdays and each Sunday) are essentially different then the neighboring office/industrial uses. The differing peak hours of operation will 20 reduce or avoid potential conflicts with the existing approved permitted office/industrial uses and the proposed church use. The 18 parking spaces allocated 21 to building E are also adequate to accommodate the church's weekday office hours and Thursday bible study class. 23 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, 24 landscaping and other development features prescribed in this code and required by the Planning Director, planning commission or city council, in order to integrate the use with other uses in the neighborhood, in that the Holy Cross Episcopal Church will occupy a 5,208 square foot existing office/industrial building with existing onsite landscaping as previously approved under Planned Industrial Permit (PIP 06-11) and the 27 proposed tenant improvements are in compliance with Fire Code regulations for public assembly use. Furthermore, the project complies with all of the required development standards of the P-M Zone and the proposed 5,208 square foot PC RESO NO. 6800 -2- building space is adequate in size and shape to accommodate the proposed Holy 2 Cross Episcopal Church, as shown on Exhibit "A". 3 4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the project is provided access from Gateway Road, a local street, which intersects with El Camino Real, a prime arterial to the c west and Innovation Way, a collector street to the east, and are currently operating at acceptable levels of service. The Ocean Collection office project was previously 6 analyzed for traffic generation and the street system was designed to properly handle all traffic generated by the office park. The 45 average daily trips (ADTs) on 7 weekdays and 188 ADTs on weekends (specifically Sunday) associated with this proposed Holy Cross Episcopal Church can be accommodated by the existing street system. 9 5. That the Planning Director has determined that the project belongs to a class of projects 10 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 , 2 Facilities" of the state CEQA Guidelines. In making this determination, the Planning Director has found that the exceptions listed in Section 15300.2 of the state CEQA 13 Guidelines do not apply to this project. 14 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 j f degree of the exaction is in rough proportionality to the impact caused by the project. 17 Conditions; 18 Note: Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed development, must be met prior to approval of a building permit. 20 1. If any of the following conditions fail to occur, or if they are, by their terms, to be 21 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 23 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 24 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 25 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 27 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 28 shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. PC RESO NO. 6800 -3- 3. Developer shall comply with all applicable provisions of federal, state, and local laws and 2 regulations in effect at the time of building permit issuance. 3 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 6 all requirements of law. 7 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, 10 (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 13 survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 14 6. Developer shall submit to the Planning Department a reproducible 24" x 36" mylar copy of the Site Plan reflecting the conditions approved by the final decision-making 16 body- 17 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). 19 8. Prior to the issuance of a building permit, the Developer shall provide proof to the 20 Director from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. 21 9. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 17 Local Facilities Management Plan and any amendments made to 23 that Plan prior to the issuance of building permits. 24 10. 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. 11. 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 27 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. PC RESO NO. 6800 -4- 12. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy 2 #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 3 Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 17, 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 c approval will not be consistent with the General Plan and shall become void. 6 13. Prior to the issuance of the building permits, 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 Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Conditional Use Permit by Resolution No. 6800 on the property. 9 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 10 conditions or restrictions specified for inclusion 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. 13 14. CUP 11-04 shall be reviewed by the Planning Director 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 Planning Director 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 16 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 17 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 j A 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 Planning Director shall recommend that the Planning 20 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. 23 15. Weekday use of the church facility, between the hours of 7 am and 6 pm, shall not include assembly use but may include other classes, prayer meetings, music 24 rehearsals and other similar uses, provided that parking demand for such uses shall not exceed 20 spaces. 26 16. This Conditional Use Permit is granted for a period of 10 years from September 7, 2011 through September 6, 2021. This permit may be revoked at any time after a public 27 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 28 met. PC RESO NO. 6800 -5- 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 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. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on September 7, 2011 by the following vote, to wit: AYES: NOES: Chairperson L'Heureux, Commissioners Arnold, Black, Scully, Schumacher and Siekmann ABSENT: Commissioner Nygaard ABSTAIN: STEPHEN "HAP" L'HEUREUX, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PC RESO NO. 6800 -6-