HomeMy WebLinkAbout1987-06-17; Planning Commission; Resolution 26621
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PLANNING COMMISSION RESOLUTION NO. 2662 I
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO DEVELOP A 30,004
PROPERTY GENERALLY LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF 3EFFERSON STREET
AND PINE AVENUE. APPLICANT: CARLSBAD UNION CHURCH
CASE NO: CUP-297
SQUARE FOOT CHURCHIMULTI-PURPOSE BUILDING ON
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 17th day of 3une, 1987, hold a
duly noticed public hearing to consider said application on
property described as:
~ Lots 31 and 32 of block 47, Carlsbad Townsite, in the City
of Carlsbad, County of San Diego according to the amended
map thereof no. 775, filed in the Office of the County
Recorder February 15, 1894. I Lots 1 through 10 inclusive, lots 17 through 20 inclusive
.-EXCEPTING the northeasterly 65 feet thereof, and lots 21
through 32 inclusive, of block 58, Carlsbad Townsite, in
the City of Carlsbad, County of San Diego according to
the amended map thereof no. 775, filed in the office of
the County Recorder February 15, 1894.
I i i subdivision of tracts 114 and 120 of the Carlsbad Lands in
The southeasterly 50 feet of that portion of Lot 1
the City of Carlsbad, County of San Diego, State of
California, as per map thereof no. 1744, filed in the
Office of the County Recorder 3anuary 3, 1923.
WHEREAS, at said hearing, upon hearing and considering all
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i testimony and arguments, if any, of all persons desiring to be
heard, said Commission considered all factors relating to CUP-297. ~
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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-297, based on the following findings
and subject to the following conditions:
Findings:
1. That the proposed use is necessary and desirable for the
development of the community, is essentially in harmony with
the various elements and objectives of the General Plan, and
is not detrimental to existing uses or to uses specifically
permitted in this zone.
2. That the subject property is adequate in size and shape to
accommodate the proposed use, provided that the use is
restricted to a maximum assembly hall seating capacity of
1450 seats and that the applicants requested alley vacation
is approved.
3. All of the yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested use to existing and permitted future uses in the neighborhood will be provided and maintained.
4. The street system serving the subject property is adequate to
handle all traffic generated by the proposed use.
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.
b) All necessary public improvements have been provided or
-will be required as conditions of approval.
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6. This project will not cause any significant environmental impacts and a Negative Declaration has been issued by the Planning Director on May 15, 1987 and approved by the Planning Commission on 3une 17, 1987.
7. This project requires the construction of the improvements or
facilities listed in the conditions of approval or the payment
of fees in lieu of construction. This project creates a
direct need for the improvements or facilities for the reasons
stated in the staff report. If the improvements or facilities
are not provided the project will create an unmitigated burden
on existing improvements and facilities. Further, the improvements and facilities are necessary to provide safe,
adequate and appropriate service to future residents of the
project consistent with City goals, policies and plans.
8. The applicant has agreed to abide by any additional
requirements established by a development management or public
facility program ultimately adopted by the City of Carlsbad.
This will ensure continued availability of public facilities
and will mitigate any cumulative impacts created by the project.
9. 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 the property owner has signed an agreement to be subject to such plans when they are adopted.
IO. That the 49 on-street parking spaces can be credited to the
development with the provision that the applicant must
participate in a parking district or find adequate off-street
parking prior to the formation of such a district.
Conditions:
1. Approval is granted for CUP-297, as shown on Exhibits "A"
file in the Planning Department. Development shall occur
substantially as shown unless otherwise noted in these
conditions.
- 11 M 11 , dated 3une 2, 1987, incorporated by reference and on
2. 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.
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3. This project is also approved under the express condition that the applicant pay any development 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.
The agreement to pay the Growth Management Fee is dated 3une
10, 1987. If the fees are not paid, this application will not be consistent with the General Plan and approval for this
project shall be void.
4. 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.
5. Water shall be provided to this project pursuant to the Water
Service agreement between the City of Carlsbad and the Costa
Real Water District, dated May 25, 1983.
Planning Conditions:
6. The applicant shall prepare a 24" x 36" reproducible mylar of
the final site plan incorporating the conditions contained
herein. Said site plan shall be submitted to and approved by
the Planning Director prior to the issuance of building
permits.
7. The applicant shall prepare a detailed landscape and irriga-
tion plan which shall be submitted to and approved by the
Planning Director prior to the issuance of grading or building
permits, whichever occurs first. All trees proposed shall be
of a specimen size. All shrubs shall be a minimum of five gallons in size.
8. All parking lot trees shall be a minimum of 15 gallons in size.
9. A master plan of the existing onsite trees shall be provided
to the Planning Director as part of the final grading plan to
determine which trees shall be required to be preserved prior
to the issuance of a grading permit or a building permit,
whichever occurs first.
IO, All landscaped areas shall be maintained in a healthy and
thriving condition, free from weeds, trash, and debris.
11. 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.
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12. Trash receptacle areas shall be enclosed by a six-foot high masonry wall with gates pursuant to City standards. Location of said receptacles shall be approved by the Planning Director.
13. All roof appurtenances, including air conditioners, shall be
archltecturally integrated and concealed from view and the
sound buffered from adjacent properties and streets, pursuant to Building Department Policy No. 80-6, to the satisfaction of the Directors of Planning and Building.
14. This conditional use permit shall be granted for a period of 30 years. 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.
This permit may be modified or revoked at any time after a
public hearing, if it is found that the use has a
significant detrimental affect 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 years upon
written application of the permittee made not less than 90
days prior to the expiration date. Additional extensions
may be granted under the same terms. In granting such
extensions, the Planning Commission shall find that no
substantial adverse affect on surrounding land uses or the
public's health and welfare will result because of the
continuation of the permitted use. If a substantial adverse affect on surrounding land uses or the public's health and
welfare is found, the extension shall be considered as an
original application for a conditional use permit. There is
no limit to the number of extensions the Planning Commission
may grant.
15. Existing onsite trees shall be retained wherever possible
and shall be trimmed and/or topped. Dead, decaying or
potentially dangerous trees shall be approved for removal at
the discretion of the Planning Department during the review of the Master Plan of existing onsite trees. Those trees which are approved for removal shall be replaced on a tree-
for-tree basis as required by the Planning Department.
16. Building identification and/or addresses shall be placed on
all new and existing buildings so as to be plainly visible from the street or access road; color of identification
and/or addresses shall contrast to their background color.
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17. 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 65913.5. 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.
18. No outdoor storage of material shall occur onsite unless I
required by the Fire Chief. In such instance a storage plan
will be submitted for approval by the Fire Chief and the
Planning Director.
19. Prior to the issuance of a grading or building permit, whichever comes first, a soils report shall be prepared and submitted to the City of Carlsbad. If the soils report indicates the presence of potential fossil bearing material
then a two phased program shall be undertaken to avoid
possible significant impacts on paleontological resources.
A) Phase 1 shall consist of a qualified paleontologist doing a literature and records search, surface study, subsurface
testing if necessary, the recordation of any sites, and a
recommendation regarding the need for further work.
B) If it is determined during Phase 1 that further work is necessary it shall consist of the following:
1) A qualified paleontological monitor shall be present
at a pregrading conference with the developer, grading
contractor, and the environmental review coordinator.
The purpose of this meeting will be to consult and coordinate the role of the paleontologist in the grading of the site. A qualified paleontologist is an
individual with adequate knowledge and experience with fossilized remains likely to be present to identify
them in the field and is adequately experienced to
remove the resources for further study.
2) A paleontologist or designate shall be present during
those relative phases of grading as determined at the
pregrading conference. The monitor shall have the
authority to temporarily direct, divert or halt
grading to allow recovery of fossil remains. At the discretion of the monitor, recovery may include
washing and picking of soil samples for micro-
vertebrate bone and teeth. The developer shall
authorize the deposit of any resources found on the
project site in an institution staffed by qualified
paleontologists as may be determined by the Planning Director. The contractor shall be aware of the
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random nature of fossil occurrences and the
possibility of a discovery of remains of such
scientific and/or educational importance which might
warrant a long term salvage operation or preservation. Any conflicts regarding the role of the
paleontologist and/or recovery times shall be resolved
by the Planning Director.
This project is approved subject to the condition that the maximum assembly hall capacity be restricted to 1450 seats. for church services and 1220 seats for other ancillary uses.
After one year of operation, the project's parking situation
will be reviewed. At that time, it will determined (1)
.whether the assembly hall capacity can be increased with or
without additional parking spaces, or (2) whether additional
parking spaces are necessary for the existing number of
seats. If it is determined that additional parking is
required for the existing seating and additional parking
cannot be provided, then seating capacity will be
proportionally reduced.
Prior to the issuance of demolition permits for the Carlsbad
Union Church (800 Pine Avenue) and the Gaus House (3162
Jefferson Street), the project applicant shall be required to
submit to the satisfaction of the Redevelopment Manager:
a) 24'' x 36" reproducible mylars of the site plans,
elevations, and floor plans for both structures;
b) A videotape of both sites and structures; and of the
remaining Gaus family members (daughters);
c) A written report of the history of both structures (to
include date of construction, builder, owners,
significant events, construction techniques, and
materials).
A six foot high decorative block wall shall be constructed
along the perimeter of the parking lot at the southeast
corner of the Harding Street/Oak Avenue intersection. This wall shall be subject to the approval of the Planning
Director.
This project is approved subject to the condition that the
project applicants actively pursue the relocation of the Gaus
House to an alternative site in Carlsbad subject to the
satisfaction of the Historic Preservation Commission. Relocation efforts shall include, but not be limited to, the
publishing in a local paper of four weekly notices stating the
availability .of the Gaus House at no cost for preservation
purposes. Additionally, the Gaus House shall be posted with a similar notice. If an alternative site is not located within
90 days of the approval of this project, then a report shall
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be submitted to the Planning Department documenting relocation
efforts. With the approval of the Planning Director and the satisfaction of Condition No. 21 above, the applicant can then
demolish the Gaus House. If an alternative site is found, then the project applicants shall be required to relocate the
Gaus House to this site. The project applicants shall be
required to pay no more than one-half the cost for relocation
of the Gaus House to an alternative site. Relocation costs
shall not include costs for land, site preparation,
foundation, or permits.
24. The applicant shall work with staff on a minor redesign of the proposed parking area on the southeast corner of Oak and
Harding Streets. The redesign shall remove or relocate the
parking spaces nearest the bedroom windows of the adjacent
single family residence.
25. The applicant shall sign an agreement to the satisfaction of
the City Attorney agreeing to participatein any downtown area
parking district or similar parking entity, to the extent of
the approximately forty-nine parking spaces they are currently
applicant finds, to the satisfaction of the Planning Director,
another long term solution to satisfying their parking needs
then they will not be required to participate in said parking
district.
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Engineering Conditions:
26. A separate grading plan shall be submitted and approved and a
separate grading permit issued for the borrow or disposal site
if located within the city limits.
27. Prior to hauling debris from or construction material to this
proposed project, the developer shall submit to and receive
approval from the City Engineer for the proposed haul route. The developer shall comply with all conditions and
requirements the City Engineer may impose with regards to the
hauling operation, I 28. Additional drainage easements and drainage structures shall be
provided or installed as may be required by the City
Engineer.
29. This project shall prepare a detailed hydrologic study to determine the height of the storm runoff on Pine and Oak
Streets. The proposed driveway to the subterranean parking shall be at an elevation as to not allow street drainage to
flow into the parking structure.
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Approval of CUP-297 is contingent upon the granting of a
vacation of a portion of the public alley by the City
Council. If the alley vacation is not granted, this approval is void. Approval of CUP-297 shall in no way bind the City
to approve the proposed alley vacation.
For that portion of th.e public alley which is not subject to the proposed vacation, the applicant shall dedicate an
additional right-of-way for an ultimate width of 25 feet as
shown on the site plan. This additional dedication shall be
granted prior to issuance of a building permit for this site.
All land shall be granted to the City free and clear of all
liens and encumbrances and without cost to the City.
Plans, specifications, and supporting documents for all
improvements shall be prepared to the satisfaction of the
City Engineer. Prior to the issuance of a building permit
for this site, the owner shall install or agree to install
and secure with the appropriate security as provided by law the following improvements to City standards and to the satisfaction of the City Engineer:
A) Re-align the curb and gutter on 3efferson Street to eliminate the jog in the existing curb.
B) Remove the existing curb and gutter on Pine Street and
reconstruct at 27 feet off the existing centerline.
Remove the existing sidewalk and reconstruct adjacent to
curb and gutter. The purpose of this condition is to
save the existing trees on Pine Street.
C) Install standard street lights.
D) Install standard wheelchair ramps at all intersections. E) Construct standard driveway approaches at the alley
intersections with Oak Street and Pine Street.
F) Install streets trees to City standards. G) Repair or replace any curb gutters or sidewalks adjacent
to the project including the offsite parking lot to the
satisfaction of the City Engineer.
19 1 33. The parking spaces adjacent to the proposed private drive
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34. Unless a standard variance has been issued, no variance from
City Standards is authorized by virtue of approval of this
site plan.
35. The developer shall construct private street accesses to
public streets in such a way as to clearly designate that the
private streets are not a portion of the public street system.
The developer shall place a plaque-type sign with the legend, "PRIVATE STREET BEYOND THIS POINT, at the access point to
private streets from public streets. The script on the sign
shown above shall be capital letters of a size and contrast
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such as to be readable for a normally sighted person at a
distance of 20 feet. The provisions of this condition shall
be met to the satisfaction of the City Engineer prior to
issuance of a Certificate of Occupancy for any portion of this
project.
36. The developer shall comply with all the rules, regulations and
design requirements of the respective sewer and water agencies
regarding services to the project.
37. The design of all private streets and drainage systems shall
be approved by the City Engineer prior to issuance of any
grading or building permit for this project. The structural section of all private streets shall conform to City of
Carlsbad Standards based on R-value tests. All private streets and drainage systems shall be inspected by the city, and the standard improvement plan check and inspection fees shall be paid prior to issuance of any building or grading
permit for this project.
38. All private driveways shall be kept clear of parked vehicles
at all times, and shall have posted "No Parking/Fire Lane Tow
Away Zone'' pursuant to Section 17.04.040, Carlsbad Municipal
Code.
39. The developer shall be responsible for coordination with
S.D.G.&E., Pacific Telephone, and Cable TV authorities.
40. Prior to approval of any grading or building permits for this project, the owner shall give written consent to the
annexation of the area shown within the boundaries of the site
plan into the existing City of Carlsbad Street Lighting and
Landscaping District No. 1.
Fire Department Conditions:
41. Prior to the issuance of building permits, complete building
plans shall be submitted to and approved by the Fire
Department.
42. Additional public and/or onsite fire hydrants shall be
provided if deemed necessary by the Fire Marshal.
43'. The applicant shall submit two (2) copies of a site plan showing locations of existing and proposed fire hydrants and
onsite roads and drives to the Fire Marshal for approval.
44. An all-weather access road shall be maintained throughout
construction.
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45. All required fire hydrants, water mains and appurtenances
shall be operational prior to combustible building materials
being located on the project site.
46. Proposed security gate systems shall be provided with "Knox"
key operated override switch, as specified by the Fire De-
partment.
47. All private driveways shall be kept clear of parked vehicles
at all times, and shall have posted "No ParkingIFire Lane-Tow
Away Zone" pursuant to Section 17.04.040, Carlsbad Municipal Code.
40. All fire alarm systems, fire hydrants, extinguishing systems,
automatic sprinklers, and other systems pertinent to the
project shall be submitted to the Fire Department for approval
prior to construction.
49. Building exceeding 10,000 sq.ft. aggregate floor area shall be
sprinklered or have four-hour fire walls with no openings
therein which shall split the building into 10,000 sq.ft. (Or
less) areas.
Water District Conditions:
50. Prior to the issuance of building permits, the entire water
system for the subject property shall be evaluated in detail
to ensure adequate capacity for domestic landscaping and to
ensure that fire flow demands are addressed.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
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the 17th day of June, 1987, by the following vote, to -wit: 2
Planning Commission of the City of Carlsbad, California, held on
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AYES: Commissioners Hall, McBane, McFadden, Schramm,
.Schlehuber.
NOES: Chairman Marcus, Commissioner Holmes.
ABSENT: None.
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ABSTAIN: None.
lo // ATTEST:
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PLANNING DIRECTOR
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