HomeMy WebLinkAbout2007-06-20; Planning Commission; ; CUP 190B - SUDAN INTERIOR MISSIONT~lty of Carlsbad Planning Department 0
A REPORT TO THE PLANNING COMMISSION
P .C. AGENDA OF: June 20, 2007
ItemNo. G)
Application complete date: April 17, 2007
Project Planner: Dan Halverson
Project Engineer: David Rick
SUBJECT: CUP 190(B) -SUDAN INTERIOR MISSION -Request for approval of a
Conditional Use Permit Amendment to amend the conditions of approval for a
faith-based retirement village located at 1400 Flame Tree Lane in Local Facilities
Management Zone 20.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 6314
APPROVING Conditional Use Permit Amendment CUP 190(8) based upon the findings and
subject to the conditions contained therein.
II. INTRODUCTION
The application is a request for approval of a Conditional Use Permit (CUP) Amendment to
modify the conditions of a previously approved CUP for a property located at 1400 Flame Tree
Lane. A CUP amendment is required since the project is modifying certain conditions of a
previously approved CUP for a faith-based retirement village.
Religiously-oriented structures are permitted in the Residential Zones with a CUP. The proposal
complies with all CUP findings and is consistent with the Zone 20 Local Facilities Management
Plan.
III. PROJECT DESCRIPTION AND BACKGROUND
On December 17, 1980, the Planning Commission adopted Planning Commission Resolution No.
1741 approving a Conditional Use Permit allowing the creation of a faith-based retirement
village on the west side of Aviara Parkway, south of Palomar Airport Road. The original village
consisted of 11 new duplex residences (22 units) and a pre-existing single family residence that
was converted into a fellowship hall and managers living quarters. In March, 1983, the Planning
Commission allowed an additional single-family dwelling to be constructed on the southeast
portion of the site. In October, 1988, the property lines of the parcel were adjusted by
Adjustment Plat No. 367 to facilitate the future alignment of A viara Parkway southward from
Palomar Airport Road. In September, 1990, the Planning Commission adopted Planning
Commission Resolution No. 3105 approving an additional 560 square foot building for
maintenance and storage purposes to be constructed.
The applicant is now requesting an amendment to the conditions of the previously approved
CUP, specifically condition #6. The original CUP approval was conditioned such that the CUP
was non-transferable and that the use of the property was to be maintained as a "religious
0
CUP 190(B) -SUDAN INT~OR MISSION
June 20, 2007
Page 2
affiliation." (See attached Resolution No. 1741) The new proposed condition would require the
site to remain a faith-based retirement facility, but would allow the CUP to be transferable to
another faith-based organization. As part of the conditions of approval for this proposed
amendment staff is also requesting that the CUP be extended for twenty (20) years, or until June
20, 2027.
IV. ANALYSIS
Staffs recommendation of approval for the CUP Amendment was developed by analyzing the
project's consistency with the applicable City regulations and policies. This analysis will present
in text the project's consistency with the applicable regulations listed below:
A. General Plan -Residential Low-Medium Density (RLM) Land Use designation;
B. R-1-10,000, Qualified Development Overlay (R-1-10,000-Q) Zone Regulation;
C. Mello II Segment of the Local Coastal Program;
D. Conditional Use Permits (Chapter 21.42 of the Carlsbad Municipal Code); and
E. Growth Management Regulations (Local Facilities Management Zone 20).
A. General Plan (RLM) Land Use Designation
The proposed project is consistent with the policies and programs of the General Plan. The
General Plan Land Use designation for the project site is Residential Low-Medium Density
(RLM). The RLM designation allows for single-family residential development at a range of 0-4
dwelling units per acre with a Growth Management Control Point (GMCP) of 3.2 du/ac. The
current site contains 23 units on a 12.1 acre site at a density of 1.9 du/ac, which falls into the
density range of the RLM General Plan Land Use designation. The applicant is not proposing to
redevelop the site but is proposing to amend the existing CUP such that the CUP would now run
with the land as opposed to with the operating entity, consistent with all other Conditional Use
Permit approvals.
B. R-1-10,000, Qualified Development Overlay Zone (R-1-10,000-Q) Zone Regulation
The project is currently zoned Residential Single-Family, 10,000 square-foot lot minimum -
Qualified Development Overlay zone (R-1-10,000-Q). The existing development is consistent
with all applicable development standards required by the R-1-10,000-Q zone for setbacks, lot
coverage, and height limits. The R-1 Zone allows the construction of faith-based retirement
facilities and structures subject to the approval of a Conditional Use Permit.
The project site is also zoned with the Qualified Development Overlay Zone (Q) designation.
Since the project does not involve any redevelopment or addition of useable square footage to
the existing project and the existing lot is consistent with Zoning, a Site Development Plan is not
required for this project.
C. Mello II Segment of the Local Coastal Program
The project site is located within the Mello II Segment of the Local Coastal Program (LCP). The
project proposes to amend an existing CUP to "run with the land", rather than with the faith-
based operating entity. The subject site has an LCP Land Use designation of RLM (Residential
CUP 190(B) -SUDAN INT~OR MISSION
June 20, 2007
Page 3
Low-Medium Density; 0-4.0 du/ac) with a GMCP of 3.2 dwelling units per acre. The existing
use is consistent with the land use type and density regulations for the property.
The project is amending the conditions of a previously approved CUP and there is no
development proposed on site, and as such there will be no new impacts to coastal resources. No
agricultural uses currently exist on the ~ite, nor are there any sensitive resources located on the
property. The site is not located in an area of known geologic instability or flood hazard. No
public opportunities for coastal shoreline access are available from the subject site. The
residentially designated site is not suited for water-oriented recreation activities.
D. Conditional Use Permits (Chapter 21.42 of the Carlsbad Municipal Code)
The project is a CUP amendment and as such remains in compliance with the General Plan,
current codes, policies and Growth Management Ordinance requirements as previously
conditioned. The original conditions of approval contained within Planning Commission
Resolution No. 1741 (CUP 190) dated December 17, 1980 are still applicable to the project, with
the exception of the following:
1. Condition No. 6 of Planning Commission Resolution No. 1741 will be replaced with new
language to clarify that the new condition would require the CUP to remain a faith-based
retirement facility, but would allow the CUP to "run with the land" and be transferable to
another faith-based organization.
2. A new condition was added (Condition No. 4) establishing a 20 year expiration date for
the CUP 190 (B), with a termination date of June 20, 2027 at which time the use can be
re-evaluated. Which use is allowed by CMC 21.42.040-A8 and states that prior to
granting a Conditional Use Permit any or all conditions necessary to protect the public
health, safety, and welfare maybe added.
3. Two new Engineering conditions have been added (Condition No. 7 & 8) requiring the
property owner to clarify and supplement current National Pollutant Discharge
Elimination System (NPDES) requirements for permanent storm water quality mitigation.
An additional condition (Condition No. 9) will require the property owner to take
measures to stabilize the driveway entrance on A viara Parkway to prevent erosion and
the movement of debris into the public right-of-way.
Staff has reviewed the proposed project and found that all the necessary findings can be made to
approve the CUP Amendment. The required findings and satisfaction of these findings are
illustrated below in Table A:
cuP I 90(B) -SUDAN INTl~oR MISSION
June 20, 2007
Page 4
Table A -CONDITIONAL USE PERMIT FINDINGS
FINDINGS PROJECT CONSISTENCY
That the requested use is necessary or desirable The requested amendment is necessary and
for the development of the community, is desirable for the project and the community
essentially in harmony with the various elements because of the services the religious facility
and objectives of the General Plan and is not provides. The CUP amendment leaves the
detrimental to existing uses specifically permitted site in harmony with the various elements of
in the zone in which the proposed use is located. the General Plan and is not detrimental to
the existing or proposed uses as it does not
reflect a substantial change in the site and
facilitates the continued operation of an
existing faith-based retirement facility that
has been in operation since 1980.
That the site for the intended use is adequate in The site is adequate in size and shape to
size and shape to accommodate the use. accommodate the existing uses in that the
proposed amendment will not result in any
new development.
That all of the yards, setbacks, walls, fences, The amendment does not change the
parking, buffering area, landscaping, and other existing use or the exterior of the buildings.
features necessary to adjust the requested use to No walls, fences, landscaping, or other
existing or permitted future uses in the features will be required for existing or
neighborhood will be provided and maintained. proposed uses in the future.
That the street system serving the proposed use is The existing street system is currently
adequate to properly handle all traffic generated adequate to serve the retirement village.
by the proposed use. Since no change or increase in use of the
roadways is proposed, this finding can still
be made.
E. Growth Management Regulations (Local Faculties Management Zone 20)
The proposed site is located within Local Facilities Management Zone 20. The project will not
create any new impacts on local facilities as the project is an amendment to the conditions of a
previously approved CUP for a faith-based retirement facility. No new development is proposed
with this application.
V. ENVIRONMENTAL REVIEW
The Planning Director 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.
CUP l 90(B) -SUDAN INTEgOR MISSION
June 20, 2007
Page 5
ATTACHMENTS:
1. Planning Commission Resolution No. 6314
2. Location Map
3. Planning Commission Resolution No. 1741, dated December 17, 1980
4. Planning Commission Resolution No. 3105, dated September 19, 1990
5. Background Data Sheet
6. Disclosure Statement
7. Reduced Exhibit
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