HomeMy WebLinkAbout1987-06-17; Planning Commission; Resolution 2666I1 0 9 I
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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:
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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
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PC RES0 NO. 2666
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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-
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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.
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PC RES0 NO. 2666 -4-
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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.
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PC RES0 NO. 2666 -5-
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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:
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PC RES0 NO. 2666 I I
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' "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
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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:
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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.
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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
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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 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
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17 11 PLANNING DIRECTOR
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