HomeMy WebLinkAbout2012-07-03; Planning Commission; ; CUP 204EX1 – ST. PATRICK PARISH SCHOOL
The City of Carlsbad Planning Division
A REPORT TO THE PLANNING COMMISSION
Conditional Use Permit Extension
Item No.
Application complete date: March 20, 2012
P.C. AGENDA OF: July 3, 2012 Project Planner: Greg Fisher
Project Engineer: Tecla Levy
SUBJECT: CUP 204(E)X1 – SAINT PATRICK PARISH SCHOOL – Request for a
retroactive five (5) year extension of CUP 204(E) to allow the continued
operation of Saint Patrick Parish and School uses, which include a church, parish
center, house, playground, parking lot, nine mobile classroom buildings, and a
Garage Thrift Store on property generally located north of Tamarack Avenue,
south of Magnolia Avenue, east of Pio Pico Drive and west of Adams Street,
within Local Facilities Management Zone 1.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 6890
APPROVING a retroactive five year extension of CUP 204(E) based upon the findings and
subject to the conditions contained therein.
II. INTRODUCTION
This proposed retroactive five year extension of CUP 204(E) will allow the continued operation
of Saint Patrick Parish and School uses, which include a church, parish center, house,
playground, parking lot, nine mobile classroom buildings, and a Garage Thrift Store on property
generally located north of Tamarack Avenue, south of Magnolia Avenue, east of Pio Pico Drive
and west of Adams Street from April 2, 2012 through April 1, 2017. The CUP expired on April
1, 2012. The applicant, Caroline Dooly, representing the Roman Catholic Bishop of San Diego,
filed for an extension in a timely manner, March 16, 2012, and is requesting the extension of
CUP 204(E) to allow for the continued operation of the Saint Patrick Parish and School uses.
III. PROJECT DESCRIPTION AND BACKGROUND
The Saint Patrick’s site is generally located north of Tamarack Avenue, south of Magnolia
Avenue, east of Pio Pico Drive and west of Adams Street. The site consists of three separate
parcels totaling 6.44 acres in size. The existing development on the site includes a 13,700 square
foot church, a 19,366 square foot parish center, a 2,150 square foot house, a private school (K
Thru 8), playground areas, and several surface parking areas. The private school includes a main
administration/library/classroom building complex and nine mobile classrooms. Saint Patrick’s
Ye Olde Garage Sale operates as a thrift store within an existing converted garage located on a
.48 acre parcel located at the northeastern most portion of the church campus property along
Adams Street. The church has operated the thrift store for approximately 17 years at this
location and sells mostly clothing that has been donated to the Parish. It is open three times a
week for approximately five hours each day, and is a benefit and service to the residents of the
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CUP 204(E)x1 – SAINT PATRICK PARISH SCHOOL
July 3, 2012
PAGE 2
community and members of the Parish since it provides clothing for the needy and serves to
support the purpose and mission of the church operation.
History:
The Saint Patrick’s site has undergone discretionary review on numerous occasions over the past
several years. The original church development was approved through CUP 99 on August 27,
1974, allowing the initial construction of the church, and parish center. On August 12, 1981, the
Planning Commission approved CUP 204, allowing the construction of a new sanctuary
(church). CUP 204(B) was approved by the Planning Commission on May 15, 1991 and allowed
a 12,400 square foot parking lot expansion. On March 6, 1996, the Planning Commission
approved CUP 204(C), which allowed for the installation of eight mobile classrooms and
approval of joint use parking between the church and the private school. Then, the Planning
Commission approved CUP 204(D) on April 3, 2002, which allowed the placement of additional
mobile classrooms (nine total) and redesign of the existing shared parking area and school
playground. More recently, on February 20, 2008, the Planning Commission approved CUP
204(E), a Conditional Use Permit Amendment to include the operation of “Saint Patrick’s Ye
Olde Garage Sale” as an additional use and to retroactively extend the approval of the Saint
Patrick Parish and School uses.
IV. ANALYSIS
A. The operation of Saint Patrick Parish and School uses continues to be consistent with all
applicable plans, policies and regulations described below:
1. Residential Low-Medium Density and Private School General Plan Land Use
Designations (RLM & P);
2. R-1 Zoning Designation, One-Family Residential Zone (Chapter 21.10 of the
Carlsbad Municipal Code);
3. C-T-Q - Commercial Tourist Zoning Designation – Qualified Development Overlay
Zone (Chapters 21.29 & Chapter 21.06 of the Carlsbad Municipal Code);
4. Conditional Use Permit Regulations (Chapter 21.42 of the Carlsbad Municipal Code);
and
5. Growth Management Ordinance (Chapter 21.95 of the Carlsbad Municipal Code).
B. The adopted project findings for CUP 204(E), which are contained in Planning
Commission Resolution No. 6382, still apply to this project (CUP 204(E)x1).
C. The adopted project conditions for CUP 204(E), which are contained in Planning
Commission Resolution No. 6382 still apply to this project (CUP 204(E)x1) with the
exception of Condition No. 10 which has been satisfied, and Condition No. 9 which is
replaced by Condition No. 4, and new Condition Nos.5 and 6 which have been added in
Planning Commission Resolution No. 6890 to extend CUP 204(E) for 5 years from April
2, 2012 through April 1, 2017.
D. No formal written complaints regarding CUP 204(E) have been submitted to the City.
CUP 204(E)x1 – SAINT PATRICK PARISH SCHOOL
July 3, 2012
PAGE 3
E. Annual reviews have been conducted for CUP 204(E) and the project is in compliance
with all conditions of approval.
V. ENVIRONMENTAL REVIEW
The City Planner has determined that this project is exempt from the requirements of the
California Environmental Quality Act (CEQA) per Section 15301, Existing Facilities, of the
State CEQA Guidelines and will not have any adverse significant impact on the environment.
ATTACHMENTS:
1. Planning Commission Resolution No. 6890
2. Location Map
3. Planning Commission Resolution No. 6382, dated February 20, 2008
4. Letter from St. Patrick Catholic Community dated March 16, 2012
5. Exhibit “A” dated July 3, 2012
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CUP 204(E)x1Saint Patrick Parish School
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PLANNING COMMISSION RESOLUTION NO. 6382
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT AMENDMENT TO INCLUDE
THE OPERATION OF "SAINT PATRICK'S YE OLDE
GARAGE SALE" AS AN ADDITIONAL USE AND TO
RETROACTIVELY EXTEND THE APPROVAL OF THE
SAINT PA TRICK PARISH AND SCHOOL USES, WHICH
INCLUDE NINE MOBILE CLASSROOM BUILDINGS, ON
PROPERTY GENERALLY LOCATED NORTH OF
TAMARACK A VENUE, SOUTH OF MAGNOLIA A VENUE,
EAST OF PIO PICO DRIVE AND WEST OF ADAMS A VENUE
IN LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: SAINT PA TRICK PARISH SCHOOL
CASE NO.: CUP 204(E)
WHEREAS, Denise Coates, "Developer," has filed a verified application with the
City of Carlsbad regarding property owned by Roman Catholic Bishop of San Diego, "Owner,"
described as
That portion of Tract No. 236 of Thum Lands, according to
Map No. 1681, filed in the Office of the County Recorder on
December 14, 1915, in the City of Carlsbad, County of San
Diego, State of California
("the Property"); and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit Extension as shown on Exhibit "A" dated February 20, 2008, on file in the Planning
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conditions of approval of CUP 204(D) and Chapter 21.42 and/or 21.50 of the Carlsbad
Municipal Code; and
WHEREAS, .the Planning Commission did, on February 20, 2008, 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 all persons desiring to be heard, said Commission considered all factors
relating to the CUP Amendment; and
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WHEREAS, on April 3, 2002, the Planning Commission approved SAINT
PATRICK PARISH SCHOOL -CUP 204(D) as described and conditioned in Planning
Commission Resolution No. 5149.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Planning
Commission APPROVES • SAINT PA TRICK PARISH SCHOOL -CUP
204(E) effective retroactively from April 2, 2007 through April 1, 2012 based
on the following findings and subject to the following conditions:
Findings:
1.
2.
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, including,
if applicable, the certified local coastal program, specific plan or master plan, in that the
existing church and school campus has been in existence since the early 1970's
providing religious worship, private education, and other services to the residents of
the community without any issues or formal complaints. There are also nine mobile
classroom buildings located on the interior of the site that are affiliated with the
school use. The property to the north contains a similar use (church/school campus)
and the continued use of the mobile classroom buildings at this site would be
compatible with the uses to the north. The project is in compliance with all current
conditions of approval, and the addition of "Saint Patrick's Ye Olde Garage Sale", a
thrift store use, as an additional incidental use on the church site is a benefit and
service to the residents of the community and members of the Parish since it
provides clothing for the needy and serves to support the purpose and mission of the
church operation.
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 site is adequate in size
and shape to accommodate the continued use of the existing church/school campus
including the use of nine mobile classroom buildings and the additional proposed
use in that the proposed thrift store use is located within an existing structure that
meets all applicable development standards of the underlying R-1 zoning
designation. A minimum 10 foot setback, as required, will be maintained from the
northern property line. The existing parking is adequate and has not been a
problem over the past 13 years that the church has operated the thrift store 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
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4.
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planning director, planning commission or city council, in order to integrate the use with
other uses in the neighborhood, in that the existing church/school campus including
the continued use of nine mobile classroom buildings and the additional proposal to
include a thrift store use is compatible with the existing and future uses in the
neighborhood. No additional yards, setbacks, walls, fences, parking, landscaping,
or other features are required to accommodate the existing and proposed thrift store
uses. The existing parking lot has adequate parking to accommodate the thrift store
use and the parking lot has attractive landscaping that is being maintained in good
condition. A six foot high block wall runs along the northern property line
separating the proposed thrift store use from the adjacent residence. The wall is
adequate in size to reduce any negative visual impacts from the thrift store
operation. In addition, there is mature landscaping along the property line further
reducing any visual impacts from the proposed use.
That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the existing road ways (Adams Street, Pio Pico
Drive, and Tamarack Avenue) surrounding the property can accommodate the
existing volumes of traffic during off peak and peak hours. The thrift store use is
included in the existing traffic volumes generated by the church/school campus since
it has been in operation, although without City approval, for the past 13 years. The
thrift store use will continue to operate during off peak hours (10 a.m. -3:00 p.m.)
and since no changes to the operation are proposed, no additional traffic impacts
are anticipated. The existing street system is adequate to properly handle any
traffic generated by the uses.
That the Planning Director has determined that the project belongs to a class of projects
that the Srnte 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 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 Guidelines do
not apply to this project.
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:
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
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2.
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or a successor in interest by the City's approval of this Conditional Use Permit
Amendment.
Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Conditional Use Permit Amendment 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.
Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
If any condition for construction of any public improvements or facilities, or the payment
of any fee-s 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.
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
Amendment, (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.
Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of
the Site Plan reflecting the conditions approved by the final decision-making body.
All conditions of approval imposed upon Conditional Use Permit CUP 204(D) as stated
in Planning Commission Resolution No. 5149 shall apply as conditions of approval for
CUP 204(E) and are incorporated by this reference, except Conditions No. 6 and 11
which have been satisfied, and Condition No. 10b which is replaced by Condition No. 9
below, and new Condition Nos. 10, 11, 12 and 13 which have been added below.
8. This Conditional Use Permit shall be reviewed by the Planning Director on a yearly basis
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 and welfare. If
the Planning Director determines that the use has such substantial negative effects, the
Planning Director shall recommend that the Planning Commission, after providing the
permittee the opportunity to be heard, add additional conditions to reduce or eliminate the
substantial negative effects.
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9.
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This Conditional Use Permit Amendment is granted for a period of five (5) years
retroactively from April 2, 2007 through April 1, 2012. 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 5 years upon written application of the permittee 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. If a substantial negative effect 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.
Prior to the issuance of the Conditional Use Permit Amendment, Developer shall
submit to the City a Notice of Restriction 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
Amendment by Resolution No. 6382 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 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.
Developer shall cause property owner to process, execute and submit an executed copy to
the City Engineer for recordation a City standard Permanent Stormwater Quality Best
Management Practice Maintenance Agreement for the perpetual maintenance of all
treatment control, applicable site design and source control, post-construction permanent
Best Management Practices within 6 months of approval of this CUP.
Any signs proposed for this development shall at a minimum be designed in conformance
with the City's Sign Ordinance and shall require review and approval of the Planning
Director prior to installation of such signs.
The business hours of operation for the thrift store shall be limited to 5 hours a day (10
a.m. -3:00 p.m.), 3 days a week.
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
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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.
PASS ED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on February 20, 2008 by the following
vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chairperson Whitton, Commissioners Baker, Cardosa, Dominguez,
Douglas, and Montgomery
Commissioner Boddy
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19 /F~K WHITTON, Chairperson
CARLSBAD PLANNING COMMISSION
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ATTEST:
DON NEU
Planning Director
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March 16, 2012
Greg Fisher, Assistant Planner
City of Carlsbad Planning Division
1635 Faraday Avenue
Carlsbad, CA 92008-7314
Subject:
Dear Mr. Fisher,
St. Patrick Pari;~{~quests a fiX:1\jJ;~.\/extepsion of tgi Congfticfp.~I Use Per?)tt,c;UP (E) that is
required for tQ~(crf11t.in~ed.us,~C9(nine mcidylar cl~s'.srooms>c;urrentlyJhe~a[i5:~ is in the midst
of a capital c~~~aitr/K;:!h~.teJevelopme11t,of t?t entire ch8f~[i.a[iJslh~ol'd~.~pus. Phase
one includes ce,buildin15 theschool ~n9.eli11Ji~atin/;the .rnpdLilatclas~~o?Ts-A.c:~fnpaign
consultant hashe\!figLljdingJhe f~ridraisini St. Pat~icl(is 0~ scheduie'tOb¢gi11;building the new
school in June 2614,, "&/
Thank you, <f
~tc)~~;i
Rev. William F. Rowland, CJM
Pastor
3821 ADAMS STREET
CARLSBAD, CALIFORNIA 92008
TEL: 760-729-2866
FAX: 760-434-3325
WWW.STPATRICKCARLSBAD.COM
Serving Carlsbad Since 1943
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