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HomeMy WebLinkAbout1987-06-17; Planning Commission; Resolution 2667I 0 0 I. II PLANNING COMMISSION RESOLUTION NO. 2667 I 2 3 4 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW A CHURCH TO BE BUILT ON PROPERTY LOCATED AT 1198 PINE AVENUE. APPLICANT: APOSTOLIC ASSEMBLY CASE NO: CUP 87-2 5 6 WHEREAS, a verified application has been filed with the I City of Carlsbad and referred to the Planning Commission; and 7 11 WHEREAS, said verified application constitutes a request 1 8 9 as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, pursuant to the provisions of the Municipal Code, ''11 the Planning Commission did, on the 17th day of gune, 1987, hold a I 11 12 duly noticed public hearing to consider said application on property described as: 13 The southerly-one-half of Lot 5 of subdivision of Tract Carlsbad, County of San Diego, Map No. 1744 filed 3anuary 14 114 and a portion of 120 of Carlsbad Lands in the City of 15 16 3, 1923. heard, said Commission considered all factors relating to CUP 87- 18 testimony and arguments, if any, of all persons desiring to be 17 WHEREAS, at said hearing, upon hearing and considering all 1911 2. I 20 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 21 22 Commission of the City of Carlsbad as follows: (A) That the foregoing recitations are true and correct. 23 24 (6) That based on the evidence presented at the public hearing, findings and subject to the following conditions: the Commission APPROVES CUP 87-2, based on the following 25 1. The requested use is desirable for the development of the 26 Findings: and objectives of the General Plan, and is not detrimental to 27 community, is essentially in harmony with the various elements existing uses or to uses specifically permitted in the RDM ~ 28 11 1 2 3 4 5 6 7 €3 9 10 11 12 13 14 15 16 17 18 19 1 20 21 22 23 24 25 26 27 28 I 0 0 zone. The proposed use is appropriate in this area of office, residential and park land uses. 2. The .43 acre site is adequate in size and shape to accommodate the use, since adequate parking and landscaping can be provided onsite. 3. All of the yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained in accordance with the zoning ordinance requirements. 4. The street system serving the proposed use is adequate to properly handle all traffic generated by the church because there will be 81 trips generated on days of assembly, which can easily be handled on Pine and Pi0 Pic0 Street. 5. 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. All necessary public improvements have been provided or will be required as conditions of approval. 7. This project will not cause any significant environmental impacts, and a Negative Declaration has been issued by the Planning Director on May 29, 1987, and approved by the Planning Commission on 3une 17, 1987. 8. 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. 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. ///I PC RES0 NO. 2667 -2- 0 e 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 Conditions: 1. Approval is granted for CUP 87-2, as shown on Exhibits "A" - file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions. I1 D II , dated May 21, 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. 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 and the agreement to pay the Growth Management Fee dated June 1, 1987, 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 he 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. 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. l8 I 6. 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. 19 I 20 21 7. 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 22 permits. 23 24 25 26 27 8. 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. Said landscape plan shall include additional landscaping of at least three trees and shrubbery along the back wall on the north end of the property. //I/ PC RESO NO. 2667 -3- 28 I 1 2 0 e 9. All parking lot trees shall be a minimum of 15 gallons in size. 3 /I IO. All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. * 5 11. Any signs proposed for this development shall be designed in conformance with the City's Sign Ordinance and shall require 6 review and approval of the Planning Director prior to 7 installation of such signs. 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. a 9 13. 10 11 12 13 14 15 16 17 18 14. 19 I 20 21 22 23 24 25 26 27 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. 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. e 28 PC RES0 NO. 2667 .4- 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 e 0 I 15. 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. 16. The compact parking spaces shall be clearly indicated by the word "COMPACT" at the entrance to each compact space. 1 17. The seating within the church service assembly area shall be "fixed" or permanent and not movable (i.e. chairs). 18. Evening activities shall be concluded by 1O:OO p.m. 19. A six (6) foot high decorative block wall shall be constructed around the property except in the front yard setback where the wall shall be 42 inches high, to the satisfaction of the Planning Director. 20. Wheel stops shall be added in the parking area to the satisfaction of the Planning Director. Engineering Conditions: I 21. The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site. 22. The grading for this project is defined as "controlled grad- ing" by Section 11.06.170(a) of the Carlsbad Municipal Code. Grading shall be performed under the observation of a civil engineer whose responsibility it shall be to coordinate site inspection and testing to ensure compliance of the work with the approved grading plan, submit required reports to the City Engineer and verify compliance with Chapter 11.06 of the Carlsbad Municipal Code. 23. No grading shall occur outside the limits of the project unless a letter of permission is obtained from the owners of the affected properties. 24. 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. /I// PC RES0 NO. 2667 - 5- 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 0 0 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 desiltationjdetention 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 perio 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. d 26. Additional drainage easements and drainage structures shall be provided or installed as may be required by the City Engineer. 27. The developer shall pay the current local drainage area fee prior to approval of the final map for this project or shall construct drainage systems in conformance with the Master Drainage Plan and City of Carlsbad Standards as required by the City Engineer. 28. 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. 29. 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 one-half street improvement of Pine Avenue, including but not limited to: a) Base and paving b) Curb, gutter, and sidewalk c) Street trees d) Street lights e) Offsite transitions f) Drainage improvements ///I PC RES0 NO. 2667 - 6- I 0 0 1 and design requirements of the respective sewer and water 2 agencies regarding services to the project. 3 31. The developer shal be responsible for coordination with S.D.G.&E., Pacific Telephone, and Cable TV authorities. 30. The developer shall comply with all the rules, regulations 4 5 6 7 32. All plans, specifications, and supporting documents for the impr0vement.s 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: 8 I/ "DECLARATION OF RESPONSIBLE CHARGE" I 9 10 11 12 13 14 15 16 17 18 19 I 2o I 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. 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) Firm: Address: City, St.: Telephone: BY Date: (Name of Engineer) 21 ii R.C.E. NO. #I 22 33. The developer shall provide the City with a reproducible mylar prior to improvement plan submittal. 24 City. The plan copy shall be submitted to the City Engineer The site plan shall reflect the conditions of approval by the 23 copy of the site plan as approved by the Planning Commission. 25 I/// 26 ///I 2711 //I/ PC RES0 NO. 2667 -7- 28 .c II 0 e I Fire Conditions: ' 2 34. Prior to the issuance of building permits, complete 35. Additional public and/or onsite fire hydrants shall be 3 4 5 6 7 8 building plans shall be submitted to and approved by the Fire Department. provided if deemed necessary by the Fire Marshal. 36. 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. 37. All required fire hydrants, water mains and appurtenances shall be operational prior to combustible building materials being located on the project site. 9 10 11 12 13 14 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. Fire retardant roofs shall be required on all structures. 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. I 15 16 18 the 17th day of June, 1987, by the following vote, to wit: 17 Planning Commission of the City of Carlsbad, California, held on PASSED, APPROVED AND ADOPTED at a regular meeting of the AYES: Chairman Marcus, Commissioners Hall, Holmes, McFadden, McSane and Schramm. 19 ! NOES: Commissioner Schlehuber. ABSENT: None. ABSTAIN: None. 20 21 22 23 24 25 ATTEST: 26 27 PLANNING DIRECTOR 28 PC RES0 NO. 2667 -8-