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HomeMy WebLinkAbout1987-06-17; Planning Commission; Resolution 26621 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 I 20 21 22 ~ ~ i ~ 23 24 25 26 27 28 I I i 0 w 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 ~ ~ i testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to CUP-297. ~ /I// 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 I 20 21 22 23 24 25 26 27 28 0 0 1 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. ///I ///I ///I //I/ ~ PC RES0 NO. 2662 -2- II 0 0 I 1 2 3 4 5 6 7 8 9 LO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. /I// //I/ /I// PC RES0 NO. 2662 - 3- 0 0 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 3.8 19 I 20 21 22 23 24 25 26 27 28 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. ///I /I// PC RES0 NO. 2662 -4- \ /I 0 0 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 I 20 21 22 23 24 25 26 27 28 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. PC RES0 NO. 2662 - 5- \ II 0 e 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 I 20 21 22 23 24 25 26 27 28 i I 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 1 PC RES0 NO. 2662 -6- ~ I e e 1 2 3 4 5 6 7 8 9 10 20. 3s 21. 12 13 14 15 16 17 l8 ! 19 22. 20 21 23. 22 23 24 25 26 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 27 11 Ld'kESO NO. 2662 . -7- 28 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. I ~ short. The agreement shall also include provision that if the 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. //I/ /I// PC RES0 NO. 2662 -8- /I e- e 30. 1 2 3 31. 4 5 6 7 32. 8 9 10 11 12 13 14 15 16 17 18 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 20 I shall be clearly posted as "STAFF PARKING ONLY". 21 22 23 24 25 26 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 27 11 PC RES0 NO. 2662 -9- 28 e e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 I 20 21 22 23 24 25 26 27 28 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. //I/ I ///I PC RES0 NO. 2662 -10- 0 e 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 I 20 21 22 23 24 25 26 27 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. 1/11 ///I I/// 1/11 1/11 //I/ //I/ 1/11 /I// 1/11 1/11 1/11 PC RES0 NO. 2662 -11- 28 ll I ’ II 0 * PASSED, APPROVED AND ADOPTED at a regular meeting of the 1 the 17th day of June, 1987, by the following vote, to -wit: 2 Planning Commission of the City of Carlsbad, California, held on 3 4 5 6 AYES: Commissioners Hall, McBane, McFadden, Schramm, .Schlehuber. NOES: Chairman Marcus, Commissioner Holmes. ABSENT: None. 7 8 9 ABSTAIN: None. lo // ATTEST: 11 12 13 14 15 16 17 18 19 I 20 21 22 23 24 4 PLANNING DIRECTOR ~ I I 25 26 27 PC RES0 NO. 2662 -12- 28 ,I