HomeMy WebLinkAbout1993-03-03; Planning Commission; Resolution 3498e. I 0 e
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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:
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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.
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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-
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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-
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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:
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AYES: Chairperson Noble, Commissioners: Schlehuber, Schramm
Welshons, Savary, Erwin & Hall.
NOES: None.
7 ABSENT: None.
8 ABSTAIN: None.
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13 ATTEST:
“jq a-
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BAILEY NOW, Chakpefsbn.”
CARLSBAD PLANNING COMMISSION
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l6 ll PLANNING DIRECTOR
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28 PC RES0 NO. 3498 -4-