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HomeMy WebLinkAbout1993-03-03; Planning Commission; Resolution 3498e. I 0 e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 i 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 3498 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT AMENDMENT TO ALLOW THE CONVERSION OF STORAGE SPACE TO 1,380 SQUARE FEET OF OFFICE SPACE WITHIN THE WORSHIP FACILITY IN THE POINSETTIA PLAZA ON PROPERTY GENERALLY LOCATED ON THE SOUTH OF POINSETTIA LANE BETWEEN INTERSTATE 5 AND AVENIDA ENCINAS. CASE NAME: CALVARY CHAPEL NORTH COAST CASE NO: CUP 92-02(A) 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 3rd day of March, 1993, hold a duly noticed public hearing to consider said application on property described as: Lot 7 of Parcel Map 15187, in the City of Carlsbad, County of San Diego, State of California. 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 92-02(A). 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 92-02(A), based on the following findings and subject tc the following conditions: .... I ' /I 0 0 II 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Findins: 1. That the requested use is still necessary or desirable for the development of the community and is still essentially in harmony with the various elements and objectives of the general plan as it continues to provide for a diversity of land uses within close proximity to the residents of the City and continues to provide for adequate off-street parking facilities, and is still not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located since all necessary parking, including that required for the office conversion, is provided and the hours or operation are essentially dBerent than the neighboring uses; 2. That the site for the intended use is still adequate in size and shape to accommodate the use as evidenced by the fact that the proposed office conversion meets all required ordinances, including those involving adequacy of parking; 3. 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 are still being provided and maintained since all proposed improvements can still fit within the existing building without the need foI expansion or external modification; 4. That the street system serving the proposed use is still adequate to properly handle all traffic generated by the proposed use because the traffic generated by the facility, including that generated by the proposed converted office space, will be less than that generated by a cornmercial activity in the same building. Conditions: 1. Approval is granted for CUP 92-02(A), as shown on Exhibits "A" - "D", dated March 3, 1993, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions. 2. This approval amends and incorporates CUP 92-02, as approved through Planning Commission Resolution No. 3401, on f?le in the Planning Department. AU conditions of approval contained in Planning Commission Resolution No. 3401 are hereby incorporated by reference, with the exception of condition no. 6 oi Resolution No. 3401 which is replaced by condition no. 5 below. 24 25 26 27 2% 3. 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 oj building permit issuance. 4. 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. PC RES0 NO. 3498 -2- 1 I1 a 0 1 2 3 4 5 6 7 8 9 3.0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. This conditional use permit amendment is granted for a period of five (5) years from the date of approval, with an expiration date of March 3, 1998. 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 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. 6. All parking for Calvary Chapel is restricted to Lots 7 and 8 of Parcel Map 15187, and is prohibited in the shopping center parking area north and west of Buildings H and I. The sum of the parking required for all uses within the Calvary Chapel, as defined by Sections 21.44.030 and 21.44.050 of the Zoning ordinance shall not exceed 93 spaces during the hours of 7:OO AM to 6:oO PM, Monday through Friday. Large assemblages within the auditorium are expressly prohibited during these weekday hours. 7. All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. 8. Any signs proposed for this development shall at a minimum be designed in conformance with the City‘s Sign Ordinance and shall require review and approval of the Planning Director prior to installation of such signs. 9. Pretreatment of the sanitary sewer discharge from this project may be required. In addition to the requirements for a sewer connection permit the applicant shall conform to the requirements of Chapter 13.16 of the Carlsbad Municipal Code. The applicant shall apply for an industrial waste water discharge permit concurrently with the building permit for this project. 10. No school or pre-school use shall occur between the hours of 7:OO AM to 6:OO PM, Monday through Friday, with the exception of a 2 week summer vacation Bible School. PC RES0 NO. 3498 -3- L - I1 e 0 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planninj Commission of the City of Carlsbad, California, held on tRe 3rd day of March, 1993, b! the following vote, to wit: 1 2 3 4 5 6 AYES: Chairperson Noble, Commissioners: Schlehuber, Schramm Welshons, Savary, Erwin & Hall. NOES: None. 7 ABSENT: None. 8 ABSTAIN: None. 9 10 11 12 13 ATTEST: “jq a- _i BAILEY NOW, Chakpefsbn.” CARLSBAD PLANNING COMMISSION 14 15 l6 ll PLANNING DIRECTOR 17 18 19 20 21 22 23 24 25 26 27 28 PC RES0 NO. 3498 -4-