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HomeMy WebLinkAbout1987-06-17; Planning Commission; Resolution 2666I1 0 9 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 PLANNING COMMISSION RESOLUTION NO. 2666 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AMENDMENT OF A CONDITIONAL USE PERMIT TO CONSTRUCT A 1350 SQUARE FOOT EDUCATIONAL BUILDING ON PROPERTY LOCATED AT 3254 EUREKA PLACE. APPLICANT: FIRST CHURCH OF CHRIST SCIENTIST CASE NO: CUP-l7(A) 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 June, 1987, hold a duly noticed public hearing to consider said application on property described as: Parcels 1 and 2: That portion of Block 2 of Mull's Addition to Carlsbad, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 514 filed in the Recorder's Office on March 22, 1888. Parcel 3: The southerly 25 feet of Lot 26 and all of Lot 27 in OPTIMO TRACT NO. 2, in the City of Carlsbad, County of San Diego, State of California, according to Map - thereof No. 2151, filed in the Office of the County Recorder of San Diego County, March 4, 1929. WHEREAS, at said 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- 17(A). 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-I79(A), based on the following findings and subject to the following conditions: //// 0 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 I Findings: I 1) This church and its extension are a desirable feature in the development of the community. They are 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. 2) The 1.5 acre site for the church and its extension is adequate’ in size and shape since all of the required parking can be provided on-site. 3) The street system serving the church and its expansion is adequate to properly handle all traffic generated by the project. a. The adjacent public streets are adequate in size to handle traffic generated by surrounding uses as well as traffic generated by this site. b. The existing driveway measuring 22 feet in width will adequately serve traffic generated by the site. Due to restrictions on the site, the driveway cannot be widened to the desired 24 feet. 4) All necessary design features such as yards, setbacks, walls and landscaping sufficient to allow the use to be compatible with existing and future land uses in the neighborhood have been maintained, the proposed educational building will be located behind the existing church and will be adequately buffered from surrounding land uses by existing landscaping and fences. 5) This project requires the construction of the improvements or facilities listed in the conditions of approval or the pay- ment 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 appropxiate service to future residents of the project consistent with City goals, policies and plans. I 6) The project is consistent with the provisions of Chapter 21.90 of the Carlsbad Municipal Code and the plans adopted pursuant to this Chapter. The property owner has signed an agreement to be subject to such plans when they are adopted. I i //// //// PC RES0 NO. 2666 I I -2- 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 7) The project is consistent with all City public facility policies and ordinances since: a. The Planning Commission, by inclusion of an appropriate condition to this project, has ensured building permits will not be issued for the project unless the City Engineer determines that sewer service is available. 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. 8) This project will not cause any significant environmental impacts, and a Negative Declaration has been issued by the Planning Director on May 20, 1987, and approved by the Planning Commission on June 17, 1987. Conditions: Planning Department Land Use 1) This approval supercedes any prior approval, such as CUP-17, approved on May 28, 1968. 2) The land use requested in application CUP-I7{A) and approved by the Resolution is a 1350 square foot educational building to be constructed east of the existing church facilities, including 4 9 parking spaces. 3) 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. 4) 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 PC RES0 NO. 2666 -3- 0 0 1 2 3 4 5 6 7 8 9 3.0: 11 12 13 14 15 16 17 18 19 I 20 21 22 23 24 25 26 27 28 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 wr2tten 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. 5) Any evening activities shall be concluded by 1O:OO p.m. Desian d 6) Approval is granted for CUP-l7(A) as shown on Exhibits "A" through "C", dated February 23, 1987, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in the conditions. 7) All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. 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) 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. 10) The applicant shall prepare a 24" x 36" reproducible mylar of the final site plan incorporating the conditions approved by 'the Planning Director prior to the issuance of building permits. ' contained herein. Said site plan shall be submitted to and 11) Outdoor trash receptacle areas, if determined necessary by the Planning Director at any time, 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. //// PC RES0 NO. 2666 -4- 1 2 3 4 5 6 7 8 9 lo: 11 12 13 14 15 16 17 18 19 I 20 21 22 23 24 25 26 27 28 0 e I 12) 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. I 13) All roof appurtenances, including air conditioners, shall be architecturally 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) The proposed expansion will have same color, texture, and materials as the existing church building. 15) A fence or retaining wall will be required if registered noise complaints are received. Construction to be approved by the Planning Director. Landscaping 16) The applicant shall prepare a detailed landscape and irrigation plan which shall be submitted to and approved by the Planning Director prior to the issuance of grading or building permits, whichever occurs first. Growth Management Program 17) This project is also approved under the express condition that the applicant pay 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. If the fees are not paid, this application will not be consistent with the General Plan, and approval for this project will be void. Public Facilities 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 facilities are available until time of occupancy. This note shall be placed on the final map, 19) 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. //// PC RES0 NO. 2666 -5- 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 I: I I ~ 0 e Engineering Department I 20) Prior to hauling dirt or construction materials to any proposed construction site within this 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. 21) Additional drainage easements and drainage structures shall be provided or installed as may be required by the City Engineer. 22) The owner of the subject property shall execute a hold harmless agreement regarding drainage across the adjacent property prior to approval of any grading or building permit for this project. 23) 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. 24) 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. 25) The developer shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies regarding services to the project. 26) 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. 27) 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: ~ ///I I //// //// PC RES0 NO. 2666 I I -6- c 1 2 3 4 5 ' "DECLARATION OF RESPONSIBLE CHARGE" 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 respnsibilities for project design. (Name, Address and Telephone of Engineering firm) 6 I1 Firm: 7 /I Address: City, St. : Telephone: a 9 BY Date: 10 R.C.E. NO. # 11 (Name of Engineer) 12 28) Before and as a condition of obtaining a final map, or final behalf of the applicant and applicant's successors in contract with the City whereby the applicant covenants on 14 Carlsbad Municipal Code, the applicant shall enter into a 13 development permit or site plan approval under Title 21 of th 15 /I interest to the following: 16 a) Payment of the traffic impact fee established pursuant to Chapter 18.42 of the Carlsbad Municipal Code. 17 b) Payment of the traffic impact fee established for the 18 II area of the City in which the development is located. 19 /i I Water: 20 21 22 23 24 25 29) The entire water system for subject project should be evaluated in detail to ensure adequate capacity for domestic landscaping and fire flow demands are addressed. Fire: 30) Prior to the issuance of building permits, complete building plans shall be submitted to and approved by the Fire Department. 31) An all-weather access road shall be maintained throughout construction. 2611 //// 27 (1 //// 28 PC RES0 NO. 2666 -7- e 'e 0 0 1 32) All fire alarm systemsI fire hydrants, extinguishing systems, automatic sprinklers, and other systems pertinent to the prior to construction. 2 project shall be submitted to the Fire Department for approval 3 4 5 6 7 8 9 Lo: 11 12 13 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 17th day of June, 1987, by the following vote, to wit: AYES: Chairman Marcus, Commissioners, Hall, Holmes, McBane, NOES : None. ABSENT: None. McFadden, Schlehuber and Schramm. ABSTAIN: None. 14 11 ATTEST: 15 16 17 11 PLANNING DIRECTOR I.8 I 19 I 20 21 22 23 24 25 26 27 28 PC RESO NO. 2666 -8- \