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HomeMy WebLinkAbout1991-05-15; Planning Commission; Resolution 32130 0 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 ~ PLANNING COMMISSION RESOLUTION NO. 3213 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL, USE PERMIT AMENDMENT FOR A 12,400 SQUARE FOOT PARKING LOT ADDITION ON PROPERTY GENERALLY LOCATED AT 3821 ADAMS STREET. CASE NAME: ST. PATRKRS CHURCH PARKING LOT CASE NO: CUP 204(B) 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 15th day of May, 1991, hold a duly noticed public hearing to consider said application on property deschbed as: Portion Tract 236, thum lands, Map 1681 and Parcel 2, Parcel Map 3980. WHEREAS, at said public 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 204(B). 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 204(B), based on the following findings and subject to the following findings and conditions: ... PC RES0 NO. 3213 -1 - 9 0 Finditlm: 1 2 Use Permit as follows: 1. The Proposed project complies with all the Findings necessary for a Conditional 3 4 5 6 7 8 9 10 11 12 13 14 a. That the requested use is necessary or desirable for the development of the community, is essentially in harmony with the various elements and objectives of the general plan, and is not detrimental to existing uses or to uses specifically permitted in the R-1 Zone since the church is existing and this is a minor expansion of church parking. Churches and accessory uses such as parking can be allowed in the R-1 Zone with Conditional Use Permit approval. b. The -30 acre site is adequate in size and shape to accommodate the Church setbacks and parking which has been designed according to ordinance standards. c. That 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; d. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use (Ord. 9252 51 (part), 1970: Ord. 9060 51401). The street system is mently adequate and the new lot will reduce demand for parking on public streets. I.5 11 2. All the findings of Planning Commission Resolution No. 1845 are incorporated l6 II herein by reference. l7 18 3. All necessary public improvements have been provided or will be required as conditions of approval. 19 20 1 4. This project is categorically exempt from CEQA per Section 15311 (b) of the CEQA guidelines. 21 5. The project is consistent with the City's Local Coastal Program because with approval of a conditional use permit, churches and accessory uses such as parking allowed for this area by the Local Coastal Program. 22 lots are considered compatible with the single family residential development 23 11 24 25 conditions: noted in these conditions. 27 February 7, 1991, incorporated by reference and on file in the Planning 26 1. Approval is granted for CUP 204(B), as shown on Exhibit(s) "A" - "B", dated Department. Development shall occur substantially as shown unless otherwise 28 PC RES0 NO. 3213 -2- a 0 1 2 3 4 5 - 2. All the conditions of approved CUP 204 and CUP 204(A) are incorporated herein by reference. 3. The developer shall provide the City with a reproducible 24" x 36", mylar copy ol the site plan as approved by the Planning Commission. The site plan shall reflect the conditions of approval by the City. The site plan copy shall be submitted to the City Engineer prior to issuance of building permits or improvement plan submittal, whichever occurs first. ~ 4. A building permit will be required for the lighting. tj II 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. This project shall comply with all conditions and mitigation measures which may be required as part of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 6. 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. 7. 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. 8. Proof of issuance of a valid Coastal Development Permit is required prior to issuance of building permits. This approval shall become null and void if building permits are not issued for this project within 18 months from the date of Coastal Permit issuance. 9. This conditional use permit is granted for a period of 5 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 5 years upon written application of the permittee made no less than 90 days prior to the expiration date. In granting such extension, the Planning Commission shall find that no PC RES0 NO. 3213 -3- 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 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 0 a substantial adverse affect on surrounding land uses or the public's health anc welfare will result because of the continuation of the permitted use. If : substantial adverse affect on surrounding land uses or the public's health an welfare is found, the extension shall be considered as an original application fo a conditional use permit. There is no limit to the number of extensions th Planning Commission may grant. Compact parking spaces shall be located in large groups in locations to th satisfaction of the Planning Director. Aisles for compact car spaces shall be clearly marked with permanent pole sip denoting "compact cars only". A lighting plan shall be submitted for Planning Director approval prior to issuanc of building p&ts. Details of fixtures shall be submitted (cut sheets). All li&tjn shall be designed to reflect downward and avoid any impacts on adjacent homt or property. No outdoor storage of rnateial shall occur onsite unless required by the Fire CGe In such instance a storage plan will be submitted for approval by the Fire Chic and the Planning Director. The applicant shall prepare a detailed landscape and irrigation plan which shall k submitted to and approved by the Planning Director prior to the issuance ( building permits. All parking lot trees shall be a minimum of 15 gallons in size. All landscaped areas shall be maintained in a healthy and thriving condition, frc from weeds, trash, and debris. All landscape plans shall be prepared to conform with the Guidelines Manual ar submitted per the landscape plan check procedures on file in the Plannir Department, Landscape plans shall be designed to minimize water use. Drought tolerant specil should be used. Lawn and other zone 1 plants (see Guidelines Manual) shall 1 limited to areas of special visual importance or high use. Mulches shall be us( and irrigation equipment and design shall promote water conservation. Prior to final signoff of the building permit, a letter from a California licensc landscape architect shall be submitted to the Planning Director certifying that i landscaping has been installed as shown on the approved landscape plans. 26 27 28 PC RES0 NO. 3213 -4- e e 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 20. All herbicides shall be applied by applicators licensed by the State of California, 21. The applicant shall pay a landscape plan check and inspection fee as required b Section 20.08.050 of the Carlsbad Municipal Code. 22. The first set of landscape and irrigation plans submitted shall include lightin; plans, and conceptual site/grading plans and be accompanied by redlinel preliminary landscape plans. 23. All landscape and irrigation plans shall show existing and proposed contours an( shall match the conceptual site/grading plans in terms of scale and location c improvements. 24. All parkkg lot trees shall be canopy trees. 25. The minimum shrub size shall be 5 gallons. 26. Trees shall be dispersed throughout the parking lot at a ratio of 1 tree per thre, parking stalls. 27. Landscape plans shall show a hedge of 5 gallon specimens of Escallonia Exoniensi along the eastern parking lot boundary to the satisfaction of the Planning Direct0 prior to building permit issuance. 28. There are 169 parking spaces provided with this Conditional Use Permit. Nc combination of uses of the church and parish center shall exceed an aggregatc parking requirement of 169 spaces, based upon Section 21.44.020(24) whicl requires one space per five seats. Ennineerinq: 29. The subdivider shall be responsible to pay the recording fees for all agreements easements and documents required for this project. 30. The developer shall comply with all the rules, regulations and design requirement of the respective sewer and water agencies regarding services to the project. 31. The developer shall be responsible for coordination with S.D.G.&E., Pacifi Telephone, and Cable TV authorities. 32. The owner of the subject property shall execute a hold harmless agreemen regarding drainage across the adjacent property prior to construction of parkin; lot. ... PC RES0 NO. 3213 -5- I/ I ll e * 1 2 3 4 Water: 33. This project is approved upon the express condition that building permits will not be issued for development of the subject property unless the water district serving the development determines that adequate water and service is available at the time of application for water service and will continue to be available until time of occupancy. 5 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning 6 Commission of the City of Carlsbad, California, held on the 15th day of May, 1991, by 7 // the following vote, to wit: 8 9 10 11 12 13 14 15 16 I AYES: Chairperson Holmes, Commissioners: Schlehuber, Schramm, Savary, Noble, Erwin & Hall. NOES: None. ABSENT: None. ABSTAIN; None, 47 ./"""\'\ ". - ROBERT HOLMES, Chairperson 1 CARLSBAD PLANNING COMMISSION 17 ATTEST: l8 li 19 I 20 I 2kiiYW * * PLANNING DIRECTOR 21 22 23 24 25 26 27 28 PC RES0 NO. 3213 .6-