HomeMy WebLinkAbout1990-03-07; Planning Commission; Resolution 2979t
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PLANNING COMMISSION RESOLUTION NO. 2979
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLS CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW A CH ON PROPERTY GENERALLY LOCATED ON THE NORTHEAST CORNER OF LA C AVENUE AND EL CAMINO REAL. CASE NAME: HOLY CROSS EPISCOPAL CHURCH CASE NO: CUP 89-14
WHEREAS, a verified appl ication has been filed with the City c
and referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request as 1
Title 21 of the Carl sbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code, tt
Commission did, on the 7th day of March, 1990, hold a duly noti
hearing to consider said application on property described as:
DOC 74-319792 in a portion of the northern half of Lot 9 Sec 35 - Township 12 South - Range 4 West
WHEREAS, at said public hearing, upon hearing and consi
testimony and arguments, if any, of all persons desiring to be 1
Commission considered all factors relating to CUP 89-14.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commisr
City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public he Commission APPROVES CUP 89-14, based on the following fi subject to the following conditions:
Findinqs:
1. That the requested use is necessary or desirable for the dev the community, is essentially in harmony with the various e objectives of the general plan, and is not detrimental to ex
or to uses specifically permitted in the zone in which the p is to be located; the project will provide a place of worsh not impact any existing uses.
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provide for an office area and an adequate worship area. 2
2. That the site for the intended use is adequate in size and accommodate the use because the proposed existing suite for th
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3. That all of the yards, setbacks, walls, fences, landscaping, features necessary to adjust the requested use to existing or future uses in the area are provided and will be maintained sir is proposed within an existing mixed use center with existing and parking. Since church services will primarily be held o
while other commercial uses within the center are closed, th parking is adequate for the proposed church.
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1970: Ord. 9060 51401). 8
4. That the street system serving the proposed use is adequate t handle all traffic generated by the proposed use. (Ord. 9252
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2. This project shall comply with all conditions and mitigation 1 13
unless otherwise noted in these conditions. 12
dated March 7, 1990, incorporated by reference and on fi
the Zone 6 Local Facilities Management Plan approved by the C,
Department and any future amendments to the Plan made pr
Conditions:
1. Approval is granted for CUP 89-14, as shown on Exhi bit(s)
P1 anning Department. Development shall occur substanti a1 1,
14 on November 27, 1987, incorporated herein and on file in tl
15 issuance of building permits.
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3. If any condition for construction of any public impro! facilities, or the payment of any fees in 1 ieu thereof, impo: approval or imposed by law on this project are challenged th, shall be suspended as provided in Government Code Section 6! any such condition is determined to be invalid this approv; invalid unless the City Council determines that the project 1 condition complies with all requirements of law.
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effect at time of building permit issuance. 21
4. Approval of this request shall not excuse compl iance with a of the Zoning Ordinance and all other applicable City or(
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5. This conditional use permit is granted for a period of 5 y conditional use permit shall be reviewed by the Planning Di yearly basis to determine if all conditions of this permit hi
and that the use does not have a significant detrimental surrounding properties or the pub1 ic health and we1 fare. If 1 Director determines that the use has such significant adver the Planning Director shall recommend that the Planning Commi! providing the permittee the opportunity to be heard, add
PC RES0 NO. 2979 -2-
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conditions to mitigate the significant adverse impacts. This F be revoked at any time after a public hearing, if it is found use has a significant detrimental affect on surrounding land USI public’s health and welfare, or the conditions imposed herein been met e This permit may be extended for a reasonable peria
not to exceed 5 years upon written appl i cation of the permi ttc less than 90 days prior to the expiration date. In gran extension, the Planning Commission shall find that no substanti; affect on surrounding land uses or the pub1 ic’s health and we1 result because of the continuation of the permitted use substantial adverse affect on surrounding land uses or the health and welfare is found, the extension shall be conside original application for a conditional use permit. There is n the number of extensions the Planning Commission may grant.
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6. Any signs proposed for this development shall at a minimum bl in conformance with the City‘s Sign Ordinance and shall requ and approval of the Planning Director prior to installatio signs.
7. This approval shall become null and void if building permit issued for this project within one year from the date c approval I
8. Worship services will be restricted to Sundays and Holid amendment ot this or any expansion of church activities will parking study to determine if there are any conflicts whitht needs of other uses all owed in the conunerci a1 center. Ba.c parking study the Planning Commission may approve other church or expanded worship hours through an amendment to this permil
9. Prior to the issuance of the building permit there shall restriction placed on the deed to this property subjec satisfaction of the Planning Director notifying all interest and successors in interest that the City of Carlsbad has i Conditional Use Permit by Resolution No. 2979 on the real pro1 by the declarant. Said deed restriction shall note thl description, location of the file containing complete project 4 a1 1 conditions of approval as we1 1 as any conditions or rc specified for inclusion in the deed restriction.
the Planning Director, Planning Commission or City Council c
of Carlsbad whichever has final decision authority for this 1
restriction(s) may be modified or terminated only with the i
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10. Prior to construction or use by an applicant, the followir 24
Fire Conditions:
provided for review and approval by the Fire Department:
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a. Complete building plans which include all dimensions
hardware schedules, interior finish schedule, exit sign
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b. Automatic Sprinkler Plans.
c. A description of all other uses in the building. Exi: which, according to the uniform building code, are not with the proposed assembly use. Must have there area sepa the assembly use by a rated fire separation.
11. Maximum occupancy load for the worship area shall be posted a
PASSED, APPROVED, AND ADOPTED at a regular meeting of thc
Commission of the City of Carlsbad, California, held on the 7th day
1990, by the following vote, to wit:
AYES : Chairperson Schramm, Commissioners: Schlehuber, Er McFadden and Marcus.
NOES : None.
ABSENT: None.
ABSTAIN: Commissioner Holmes.
ATTEST:
CARLSBAD PLANN I NG COMM I SS ION
;TI i , li P* ,P;< ~~~~~~~~,~~~~~~~~~~~~,~-~~, I’
MICHAEL J. HOLZMILLER,J’ PLANNING DIRECTOR
PC RES0 NO. 2979 -4-
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