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HomeMy WebLinkAbout1988-01-20; Planning Commission; Resolution 2709* // 1 2 3 4 5 6 7 8 0 0 PLANNING COMMISSION RESOLUTION NO. 2709 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO EXPAND THE CHURCH USE TO INCLUDE ADDITIONAL CLASSROOM AND STORAGE FACILITIES ON PROPERTY LOCATED AT 3780 PI0 PIC0 DRIVE. APPLICANT: FIRST BAPTIST CHURCH CASE NO: CUP 87-12 WHEREAS, a verified application has been filed with the '1 ity of Carlsbad and referred to the Planning Commission; and 10 WHEREAS, said verified application constitutes a request I1 IF s provided by Title 21 of the Carlsbad Municipal Code; and 12 WHEREAS, pursuant to the provisions of the Municipal ode, the Planning Commission did, on the 20th day of January, 14 15 988, hold a duly noticed public hearing to consider said lij pplication on property described as: 16 17 18 Lots 5 and 10, Block 236, Thum Lands, Map 1681 in the City of Carlsbad, County of San Diego, State of California WHEREAS, at said public hearing, upon hearing and 19 lponsidering all testimony and arguments, if any, of all persons 20 desiring to be heard, said Commission considered all factors 21 relating to CUP 87-12. NOW, THEREFORE, BE IT HEREBY RESOLVED by 22 findings and subject to the following conditions: 25 the Commission APPROVES CUP 87-12, based on the following B) That based on the evidence presented at the public hearing, 24 A) That the foregoing recitations are true and correct. 23 the Planning Commission of the City of Carlsbad as follows: 26 IF indin s: 27 1. The requested use is necessary or desirable for the 28 development of the community, is essentially in harmony with the various elements and objectives of the general plan, and I1 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 is not detrimental to existing uses or to uses specifically permitted in the R-3 zone, since the church is existing and this is a minor expansion of use. 2. The 2.6 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 expanded use because on days of assembly, traffic can easily be handled on Pi0 Pic0 Drive. 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. 16 17 6. All necessary public improvements have been provided or will 18 be required as conditions of approval. 7. This project is categorically exempt from CEQA per Section 15301, Class I (e) 2. 19 ~ 8. 20 21 22 23 24 25 26 9* 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 users of the project consistent with City goals, policies, and plans. The project is consistent with the provisions of Chapter 21.90 of the Carlsbad Municipal Code and the plans adopted pursuant of this Chapter. 27 //// 28 PC RESO. NO. 2709 -2- 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 I 0 0 10. The project is consistent with the City's Local Coastal Program in that the chruch uses are allowed with a Conditional Use Permit. Conditions: 1) Approval is granted for CUP 87-12, as shown on Exhibit IIA", dated December 21, 1987, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions. 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 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 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) 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. 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. 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 permits. 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 PC RESO. NO. 2709 -3- ~ i I /I 0 0 1 2 3 4 building permits, whichever occurs first. The existing landscaping along Pi0 Pic0 shall include that area where the most southerly driveway will be closed -- the landscaping along the entire strip shall be replanted with shrubs and trees (including 15 gallon size). Landscaping and a sidewalk shall be installed around the perimeter of the modular classrooms. 5 6 9) All landscaped areas shall be maintained in a healthy and I thriving condition, free from weeds, trash, and debris. I 7 10) 8 9 10 I.x 11) 12 13 14 15 16 12) 17 19 18 20 21 22 23 24 25 27 26 Any signs proposed for this development shall be designed in conformance with the Cityls Sign Ordinance and shall require review and approval of the Planning Director prior to installation of such signs. The sign which presently is erected on top of the main church building ("Good News America, God Loves You") is in violation of the City's sign ordinance and shall be removed prior to issuance of a building permit. All roof appurtenances on the modular buildings, 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 is granted for a period of three 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 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 three years upon written application of the permittee made not less than 90 days prior to the expiration date. In granting such extension, 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 i 28 PC RESO. NO. 2709 -4- e 0 1 2 3 4 5 6 7 application for a conditional use permit. There is no limit to the number of extensions the Planning Commission may grant. 13) 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 the condition complies with all requirements of law. I unless the City Council determines that the project without 8 14) A building llskirtlt shall be installed around the bottom of the modulars for aesthetic and safety purposes. 9 10 11 12 13 14 15) The modulars shall be installed on permanent foundations in compliance with the zoning ordinance to the satisfaction of the Building Department. 16) Prior to the issuance of building permits and occupancy, a Coastal Development Permit shall be obtained from the California Coastal Commission. 17) Any lights which may be installed in the parking lot shall be shielded in such a way as to not shine on adjacent properties. 15 IL n ineerin : 16 17 18 18) The Developer shall install sidewalks along all public street frontages in conformance with the City of Carlsbad standards prior to issuance of building permit. 19) The Developer shall comply with all the rules, regulations, 19 and design requirements of the respective sewer and water agencies regarding services to the project. 20 20) The Developer shall provide the City with a reproducible Commission. The site plan shall reflect the conditions of 21 approval by the City. 22 mylar copy of the site plan as approved by the Planning 23 21) Prior to approval of any grading or building permits for 24 this project, the owner shall give written consent to the annexation of the area shown within the boundaries of the 25 site plan into the existing City of Carlsbad Street Lighting for the closure of the existing driveway at the south end of 27 issuance, plans, specifications, and supporting documents 22) The Developer shall submit prior to building permit 26 and Landscaping District No. 1. 28 PC RESO. NO. 2709 -5- c I1 1 2 3 0 e the site along Pi0 Pic0 Drive. The removed driveway shall be replaced with P.C.C. curb, gutter and sidewalk on approved base in conformance with the City of Carlsbad standards. 4 23) Prior to issuance of a building permit, the existing private drainage system at the southwesterly corner of the project 6 additional repair work as required to insure its future 24) Wheel stops shall be provided for the first 6 parking spaces 7 maintenance. 5 site shall be restored to operational condition, including adjacent to the southerly entrance. 8 /lFire DeDartment: 9 25) Prior to the issuance of building permits, complete building 10 plans shall be submitted to and approved by the Fire Department. 11 26) The applicant shall submit two (2) copies of a site plan 12 showing locations of existing and proposed fire hydrants and onsite roads and drives to the Fire Marshal for approval. 13 27) All fire alarm systems, fire hydrants, extinguishing 14 systems, automatic sprinklers, and other systems pertinent to the project shall be submitted to the Fire Department for 15 approval prior to construction. 16 17 28) Applicant must submit an explanation of intended use prior to Fire Department approval. 18 I/,,, 19 v/// 20 /// 21 /// 22 I /// 23 lk/// 24 Ir/// 25 ll/// 26 PC RESO. NO. 2709 -6- 28 //// 27 //// c , /I 0 e 1 2 3 4 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 20th day of January, 1988, by the following vote, to wit: AYES : Chairman McFadden, Commissioners: McBane, 5 Hall, Schramm, Schlehuber & Holmes. 6 NOES : None. 7 ABSENT: Commissioner Marcus. 8 ABSTAIN: None. 11 :: ITTEST: p-.%Cf=&Qe&Uk JdiNNE B. MC FADDEN, Chairperson CARLSBAD PLANNING COMMISSION 13 14 15 PLANNING DIRECTOR 16 17 18 19 I 20 21 22 23 24 I 25 26 27 28 PC RESO. NO. 2709 -7-