HomeMy WebLinkAbout1987-03-18; Planning Commission; Resolution 26461
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PLANNING COMMISSION RESOLUTION NO. 2646
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO CONSTRUCT AND OCCUPY A 3,872 SQUARE FOOT CHURCH ON PROPERTY GENERALLY LOCATED ADJACENT TO AND EAST OF VALLEY STREET BETWEEN ELM AVENUE AND MC CAULEY LANE. APPLICANT: CARLSBAD CONGREGATION OF JEHOVAH'S WITNESS
CASE NO: CUP-302
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WHEREAS, a verified application 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, pursuant to the provisions of the Municipal
Code, the Planning Commission did, on the 18th day of March, 1987,
hold a duly noticed public hearing to consider said application on
property described as :
Parcel 1 of Parcel Map 14662.
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 CUP-302.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing,
. the Commission APPROVES CUP-302, based on the following
findings and subject to the following conditions:
Findings:
1) This church is a desirable feature in the development of the community. The church is essentially in harmony with the
elements and objectives of the General Plan, and as proposed
and conditioned will not be detrimental to existing or
specifically permitted residential uses in the R-1-7500 zone.
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2) The .92 acre site for the church is adequate in size and
1 shape.
2 3) All of the yards, setbacks, walls, fences, landscaping, and
other features necesary to adjust to existing or permitted
will be maintained. 3 future residential uses in the neighborhood are provided and
4 4) The street system serving the church is adequate to properly
5 handle all traffic generated by the church.
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5) The project is consistent with all City public facility pol- icies and ordinances since:
a) The Planning Commission has, by inclusion of an appropriate condition to this project, ensured building
permits will not be issued for the project unless the City Engineer determines that sewer service is available, and building cannot occur within the project unless sewer service remains available, and the Planning Commission is
satisfied that the requirements of the Public Facilities Element of the General Plan have been met insofar as they
apply to sewer service for this project.
6) This project will not cause any significant environmental
impacts and a Negative Declaration has been issued by the Planning Director on March 7, 1987 and approved by the Planning Commission on March 18, 1987.
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7) The project is consistent with the provisions of Chapter 21.90 of the Carlsbad Municipal Code and the plans adopted pursuant of this Chapter or has signed an agreement to be subject to such plans when they are adopted.
Conditions:
Planning Department
Land Use
1) The land use requested in application CUP-302 and approved by this Resolution is 3,840 square feet of church space with 62 parking spaces - 49 standard spaces, 13 compact spaces and 1
' handicapped space and generating an average of 57 average daily weekday trips and 171 trips during assembly days.
2) This approval shall become null and void if building permits are not issued for this project within one year from the date
of project approval.
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3) 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 significant detrimental impact on surrounding properties or the public health and welfare. If the Planning Director determines that the use has such significant adverse impacts, the Planning Director shall recommend that the Planning
Commission, after providing the permittee the opportunity to
be heard, add additional conditions to mitigate the
significant adverse impacts.
Design
4) ApRroval is granted for CUP-302, as shown on Exhibits "A" - "C , dated February 13, 1987, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these
I conditions.
5) Approval of this request shall not excuse compliance with all sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance.
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6) All parking lot trees shall be a minimum of 15 gallons in
thriving condition, free from weeds, trash, and debris. 14
size.
7) All landscaped areas shall be maintained in a healthy and
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8) 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 Planning Director prior to installation of such signs.
9) Trash receptacle area, shown on Exhibit A, shall be enclosed by a six-foot high masonry wall with gates pursuant to City ,
standards. Architecturally, the trash receptacle shall have the same color, texture, and materials as the church building.
10) All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the
sound buffered from adjacent properties and streets, pursuant
the Directors of Planning and Building. . to Building Department Policy No. 80-6, to the satisfaction of
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11) Building addresses shall be placed on the church building so
identification and/or addresses shall contrast to their 1
background color. 2
as to be plainly visible from McCauley Lane; color of
3 12) Lighting shall be provided in the church parking area. A
lighting plan shall be submitted for approval by the Planning
4 Director prior to the issuance of building permits.
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13) The applicant shall prepare a detailed landscape and irriga- 6
Landscaping
tion plan which shall be submitted to and approved by the
permits, whichever occurs first.
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Planning Director prior to the issuance of grading or building
14) The detailed landscape plan shall include the following 9 features:
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a) Erosion control planting consistent with the City's Landscape Manual.
b) In addition to what is shown on Exhibit A, 10 additional 15 gallon California Oak trees shall be dispersed throughout the parking lot.
c) Ground cover along Elm Avenue in front of the existing
eucalyptus trees.
15 d) Plantings of Bougainvillea along all portions of the
16 retaining wall, 36 inch high fence, and north, east and
south walls of the church building.
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e) Irrigation systems consistent with the City's Landscape
Manual.
Growth Management Program
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15) This project is also approved under the express condition that'
the applicant pay the public facilities fee adopted by the City Council on April 22, 1986, and any development fees or
traffic impact fees established by the City Council pursuant
to Chapter 21.90 of the Carlsbad Municipal Code or other
. ordinance adopted to implement a growth management system or facilities and improvement plan, and to fulfill the
subdivider's agreement to pay the public facilities fee dated February 23, 1986, and the agreement to pay the Growth
Management Fee dated December 8, 1986, copies of which are on file with the City Clerk and are incorporated by this reference. If the fees are not paid, this application will
not be consistent with the General Plan, and approval for this
project shall be void.
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Public Facilities
16) 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. This note shall be placed on the final map.
17) Water shall be provided to this project pursuant to the Water Service agreement between the City of Carfsbad and the Costa
Real Water District, dated May 25, 1983.
Engineering Department
18) 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 capacity is available at the time of application for such permits and will continue to be available until time of occupancy.
19) The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site.
20) The grading for this project is defined as "regular grading''
by Section 11.06.170(a) of the Carlsbad Municipal Code. The
developer shall submit a grading plan for approval which shall include all required drainage structures and any required erosion control measures. The developer shall also submit soils, geologic or compaction reports if required and shall comply with all provisions of Chapter 11.06 of the Carlsbad Municipal Code.
18 21) If it is found that a septic tank easement or similar easement from an adjacent property is located on the church
20 problems created by that situation and pay the sewer hook-up fee for the neighboring property.
21 22) No grading shall occur outside the limits of the project
22 . the affected properties.
23 23) A separate grading plan shall be submitted and approved and a
19 I property this applicant shall be required to solve any
unless a letter of permission is obtained from the owners of
separate grading permit issued for the borrow or disposal site, 24 if located within the city limits.
25 24) All slopes within this project shall be no steeper than 2:l.
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25) The developer shall exercise special care during the
construction phase of this project to prevent any offsite
siltation. The developer shall provide erosion control
measures and shall construct temporary desiltationldetention basins of type, size and location as approved by the City Engineer. The basins and erosion control measures shall be
shown and specified on the grading plan and shall be
constructed to the satisfaction of the City Engineer prior to the start of any other grading operations. Prior to the removal of any basins or facilities so constructed the' area served shall be protected by additional drainage facilities, slope erosion control measures and other methods required or
approved by the City Engineer. The developer shall maintain the temporary basins and erosion control measures for a period of time satisfactory to the City Engineer and shall guarantee
their maintenance and satisfactory performance through cash deposit and bonding in amounts and types suitable to the City Engineer.
26) Additional drainage easements and drainage structures shall be provided or installed as may be required by the City Engineer. Prior to issuance of any permit for this project a drainage analysis shall be submitted to and approved by the City Engineer.
27) The developer shall make an offer of dedication to the City for all public streets and easements required by these conditions or shown on the Site Development Plan. The offer shall be made prior to issuance of any building permit for this project. All land so offered shall be granted to the City free and clear of all liens and encumbrances and without
cost to the City. Streets that are already public are not
required to be rededicated.
28) The developer shall obtain the City Engineer's approval of the project improvement plans and enter into a secured agreement
with the City for completion of said improvements prior to
issuance of any building permit within this project. The improvements shall be constructed and accepted for maintenance
by the City Council prior to issuance of a Certificate of
Occupancy for any unit within the project. The improvements are :
. a) Any offsite drainage systems required per the above- mentioned drainage analysis.
Street to the easterly terminus.
frontage of this project.
b) The completion of McCauley Lane (1/2 width) from Valley
c,) The completion of Valley Street (1/2 width) along the
29) Improvements listed above shall be constructed within 12 months of final map approval and/or improvement plan approval, whichever occurs first.
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30) Unless a standard variance has been issued, no variance from City Standards is authorized by virtue of approval of this site plan.
31) The developer shall install street lights along all public and private street frontages in conformance with City of Carlsbad
Standards.
32) The developer shall install street trees at the equivalent of
40-foot intervals along all public street frontages in conformance with City of Carlsbad Standards. The trees shall
be of a variety selected from the approved Street Tree List.
33) The developer shall install sidewalks along all public street
frontages of this project in conformance with City of Carlsbad
Standards prior to occupancy of any buildings.
34) The developer shall install a wheelchair ramp at the public street corner abutting the subdivision in conformance with City of Carlsbad Standards prior to occupancy of any build- ings.
35) The developer shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies regarding services to the project.
36) All concrete terrace drains shall be maintained by the property owner.
37) All plans, specifications, and supporting documents for the improvements of this project shall be signed and sealed by the Engineer in responsible charge of the work. Each sheet shall be signed and sealed, except that bound documents may be signed and sealed on their first page. Additionally the first sheet of each set of plans shall have the following certificate:
"DECLARATION OF RESPONSIBLE CHARGE"
I hereby declare that I am the Engineer of Work for this project, that I have exercised responsible charge over the
design of the project as defined in Section 6703 of the
Business and Professions Code, and that the design is
. consistent with current standards.
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I understand that the check of project drawings and specifications by the City of Carlsbad is confined to a review
only and does not relieve me, as Engineer of Work, of my
responsibilities for project design.
(Name, Address and Telephone of Engineering firm) I ll 4 I Firm:
ll Address : 5 I City, St. :
Telephone:
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8 /I BY (Name of Engineer) Date :
9 11 R.C.E. NO. # I 10 38) The developer shall provide the City with a reproducible mylar
copy of the site plan as approved by the Planning Commission.
12 City. The plan copy shall be submitted to the City Engineer prior to improvement plan submittal.
11 The site plan shall reflect the conditions of approval by the
13 Water !I 14 39) Prior to issuance of building permits the entire water system
15 Municipal Water District to ensure adequate capacity for
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17 responsible for payment of the major facility charge and a direct connect surcharge of $963.59 (letter on file as of 18 4/15/86 with City of Carlsbad Finance Department. .
for this project shall be evaluated in detail by Costa Real
domestic landscaping and fire flow demands are addressed.
40) At issuance of building permits the applicant will be
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, California, held on
the 18th day of March, 1987, by the following vote, to wit:
AYES : Chairperson Marcus, Commissioners: Hall, Schramm, McFadden, Schlehuber SC Holmes.
NOES : None.
ABSENT: Commissioner McBane.
ABSTAIN: None.
. PLANNING ". .. COMMISSION
ATTEST : ,.I
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