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HomeMy WebLinkAbout2022-04-06; Planning Commission; Resolution 7444PLANNING COMMISSION RESOLUTION NO. 7444 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW THE CONTINUED OPERATION OF AN APPROXIMATELY 3,840- SQUARE-FOOT SYNAGOGUE. THE REQUEST DOES NOT INCLUDE THE EXPANSION OF THE USE, ADDITIONS TO EXISTING BUILDINGS OR CONSTRUCTION OF NEW STRUCTURES. THE PROJECT IS LOCATED ON THE PROPERTY GENERALLY LOCATED 7805 CENTELLA STREET IN LOCAL FACILITIES MANAGEMENT ZONE 6. CASE NAME: CASE NO .: JEWISH COLLABORATIVE SAN DIEGO · CUP 2021-0016 (DEV15089) WHEREAS, Jewish Collaborative San Diego, "Developer," has filed a verified application with the City of Carlsbad regarding property owned by Christ Presbyterian Church, "Owner," described as LOT 180 OF CARLSBAD TRACT NO. 73-2 (SANTA FE GLENS), IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 8059, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 22, 1975. ("the Property"); and WHEREAS, said verified i'IPPlication constitutes a request for a Conditional Use Permit as shown on Exhibit(s) "A"-"C" dated April 6, 2022, on file in the Planning Division, CUP 2021-0016-JEWISH COLLABORATIVE SAN DIEGO, as provided by Chapter 21.24, 21.42, 21.44 of the Carlsbad Municipal Code; and WHEREAS, the Planning Division studied the Conditional Use Permit application and performed the necessary investigations to determine if the project qualified for an exemption from further environmental review under the California Environmental Quality Act, (CEQA, Public Resources Code section 21000 et. seq.), and its implementing regulations (the State CEQA Guidelines), Article 14 of the California Code of Regulations section 15000 et. seq. After consideration of all evidence presented, and studies and investigations made by the city planner and on its behalf, the city planner determined that the project was exempt from further environmental review pursuant to State CEQA Guidelines section 15301 -Existing Facilities because the project involves no expansion of the existing use or structures. The project request is to renew an expired conditional use permit only. The project will not have a significant effect on the environment and all of the requirements of CEQA have been met; and WHEREAS, on February 7, 2022, the city distributed a notice of intended decision to adopt the "New Construction or Conversion of Small Structures" exemption. The notice was circulated for a 10-day period, which began on February 7, 2022 and ended on February 17, 2022. The city did not receive any comment letters on the CEQA findings and determination. The effective date and order of the city planner CEQA determination was February 17, 2022; and WHEREAS, the Planning Commission did, on April 6, 2022, 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 aU persons desiring to be heard, said Commission considered all factors relating to the Conditional Use Permit. 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 2021-0016 -JEWISH COLLABORATIVE SAN DIEGO, based on the following findings and subject to the following conditions: 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 in that places of worship are encouraged by the General Plan Land Use Element and permitted by a CUP in the RD-M zone for the convenience of residents. The continued use of the religious assembly or institution will maintain diversity in land uses and maintains community-serving uses within the area. PC RESO NO. 7444 -2- 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 existing 3,840-square-foot synagogue exists on an approximately .84 acre site and meets all required development standards of the RD-M zone. The .84-acre site is adequate in size to accommodate the existing buildings and can accommodate required setbacks, lot coverage and height. Furthermore, the project does not include an expansion of the use, construction of new buildings, or the addition of floor area to the existing buildings on-site. The religious assembly or institution requires a total of 62 parking spaces, and the parking will be satisfied through an existing joint use parking agreement with Christ Presbyterian Church, who owns the parking lot located to the east of Centella Street which contains a parking lot with 137 parking spaces. Jewish Collaborative San Diego and the Christ Presbyterian Church have different operating hours which ensures there are adequate parking spaces to accommodate the proposed 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 existing 3,840-square-foot synagogue exists on an approximately .84 acre site and meets all required development standards of the RD-M zone. The .84-acre site is adequate in size to accommodate the existing buildings and religious assembly and can accommodate required setbacks, lot coverage and height. Furthermore, the project does not include an expansion of the use, construction of new buildings, or the addition of floor area to the existing buildings on-site. The religious assembly requires a total of 62 parking spaces, and the parking will · be satisfied through an existing joint use parking agreement with Christ Presbyterian Church, who owns the parking lot located to the east of Centella Street which contains a parking lot with 137 parking spaces. Jewish Collaborative San Diego and the Christ Presbyterian Church have different operating hours which ensures there are adequate parking spaces to accommodate the proposed use. 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 Centella Street, a local neighborhood street, which is currently operating at an acceptable level of service. The project does not propose an expansion to the use, construction of new buildings, or the addition of floor area to the existing buildings. The existing synagogue generates 38 ADT and has different operating hours than the Christ Presbyterian Church, which is located on the adjacent property to the southeast. 5. 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 the conditional use permit becoming effective. PC RESO NO. 7444 -3- 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 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(s) No. 7444 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. PC RESO NO. 7444 -4- 7. The synagogue shall utilize the 137-space parking lot on the Christ Presbyterian Church property (7807 Centella Street) as required by an approved Joint Use Parking Agreement, recorded by the San Diego County Recorder, dated May 1, 2017. 8. This Conditional Use Permit is granted for a period of ten (10} years from April 6, 2022 through April 6, 2032. 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 five (S) years upon written application of the permitee 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 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. 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. PC RESO NO. 7444 -5- PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on April 6, 2022 by the following vote, to wit: AYES: Commissioners Lafferty, Luna, Kamenjarin, Meenes, Merz, and Stine NOES: ABSENT: ABSTAIN: Commissioner Sabellico JOSEPH TINE, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU City Planner PC RESO NO. 7444 -6-