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-