Loading...
HomeMy WebLinkAbout1993-04-07; Planning Commission; Resolution 3510. 0 0 L 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 PLANNING COMMISSION RESOLUTION NO. 3510 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL, USE PERMIT TO ALLOW CHURCH USES TO OCCUPY AN MSTING OFFICE/INDUSTRIAL BUILDING TO CONDUCT CHURCH SERVICES AND MEETINGS ON PROPERTY GENERALLY LOCATED AT 6359 PASEO DEL LAG0 IN THE PM ZONE. CASE NAME: COMMUNITY CHURCH CENTER CASE NO: CUP 92-09 WHEREAS, a verified application has been filed with the City of Carlsbac and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request as provided b! Title 21 of the Carlsbad Municipal Code; and WHEREAS, pursuant to the provisions of the Municipal Code, the Planninl Commission did, on the 7th day of April, 1993, hold a duly noticed public hearing tc consider said application on property described as: Lot 19, Carlsbad Tract 80-38, Map 10198 filed in the office of the County Recorder of San Diego County on September 15, 1981, WHEREAS, at said public hearing, upon hearing and considering al testimony and arguments, if any, of all persons desiring to be heard, said Commissiol considered all factors relating to CUP 92-09. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commissiol 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 Commissiol recommends APPROVAL CUP 92-09, based on the following findings and subjec to the following conditions: I/ e 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 Findings: 1. That the requested use is necessary or desirable for the development of th community, is essentially in harmony with the various elements and objectives c the general plan, and is not detrimental to existing uses or to uses specificall permitted in the zone in which the proposed use is to be located since church use are encouraged by the Land Use Element and permitted by Conditional Use P& in any zone in the City for the convenience of residents, and differing peak us hours reduce or avoid potential conflicts with permitted industrial uses; 2. That the site for the intended use is adequate in size and shape to accommodat the use since the chd will occupy an existing office/industrial buildin previously approved by a Planned hdustrial Permit and requires no site alteration or additional amenities; 3. That all of the yards, setbacks, walls, fences, landscaping, and other feature necessary to adjust the requested use to existing or permitted future uses in th neighborhood are currently provided; and 4. That the street system serving the proposed use is adequate to properly handle a traffic generated by the proposed use since differing peak use hours will avoil potential Mc and parking conflicts with SutTOunding industrial users. Planning Conditions: 1. Approval is granted for CUP 92-09, as shown on Exhibits "A" - "C", dated April i 1993, incorporated by reference and on file in the Planning Departmeni Development shall occur substantially as shown unless otherwise noted in thes conditions. .... .... .... .... .... .... .... PC RES0 NO. 3510 -2- I! 0 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 2. 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 significanf 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 maE 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 writter application of the permittee made no less than 90 days prior to the expiratior date. In granting such extension, the Planning Commission shall find that nc 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 2 substantial adverse affect on surrounding land uses or the public’s health anc welfare is found, the extension shall be considered as an original application fol a conditional use permit. There is no limit to the number of extensions thf Planning Commission may grant. 3. If the property owner/owner‘s address changes from that which is shown on thc conditional use permit application, a notice of a change of address shall be reported, in writing, to the Planning Department within 30 days. 4. Uses allowed by this permit are limited to Church services or assembly and add and youth meetings. Uses expressly not allowed by this permit include daycare 01 preschool, elementary school, vacation Bible school, or similar types of use! involving use of the facility by children unaccompanied by parents. 5. Weekday use of the facility for Church services or assembly and meetings shall bc restricted to the hours of 6:OO p.m. through 12:OO midnight; use of the faciliq between the hours of 6:OO a.m. and 6:OO p.m. for any type of Church assembl: shall be restricted to Saturday and Sunday only with the exception of Christma Day and Thanksgiving Day. 6. Any signs proposed for this development shall at a minimum be designed ir conformance with the City‘s Sign Ordinance and shall require review and approva of the Planning Director prior to installation of such signs. 7. All roof appurtenances, including air conditioners, shall be architectwall! integrated and concealed from view and the sound buffered from adjacen properties and streets, in substance as provided in Building Department Policy No 80-6, to the satisfaction of the Directors of Planning and Building. PC RES0 NO. 3510 -3- II 0 0 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 I 8. Prior to issuance of a building pennit or Certificate of Occupancy, the applican shall provide a recorded reciprocal access and parking agreement or easement fo Buildings 1 & 2 on Lots 18 & 19. The parking agreement shall require that nl substantial conflict exist in the principal operating hours of the joint uses operatin in buildings 1 and 2. 9. The project is subject to all conditions imposed by Planned Industrial Permit 874: dated October 21, 1987, and Resolution No. 1717 dated October 22, 1981 approving Planned Unit Development 22. En&eerinn Conditions: 10. The applicant shall modify the existing landscaping on the westerly comer of th intersection of Palomar Oaks Way with Paseo del Lago to improve sight distanc prior to building occupancy. Fire Conditions: 11. A four hour Occupancy separation wall shall be required to separate applicant's us fkom other incompatible uses wih the building. In lieu of the four hou separation wall, a one-hour occupancy separation may be installed between th applicant's use and other incompatible uses in the building so long as th Certificates of Occupancy of the latter spaces are amended to limit uses to thos permitted in the Group B Division 2 occupancy class, as described in Section 70' of the Uniform Building Code. Accordingly, factories and workshops usiq materials not highly flammable or combustible, as well as storage and sales room for combustible goods, etc., would be permitted in spaces adjacent to th applicant%. Hazardous uses such as wood shops and factories or processe employing hazardous chemicals would be excluded. The above requirements ca: be waived if the Applicant is the sole tenant and the Certificate of Occupancy c the building is amended to limit the uses throughout the building to thos permitted by the Applicant's CUP. 12. Prior to the issuance of building permits, complete building plans shall bc approved by the Fire Department. 13. Tentative Fire Department approval is based upon the applicant's indication tha the space is intended for public assembly use only. Daycare, school, and othe similar uses have not been considered and are excluded from this approval. .... .... i PC RES0 NO. 3510 -4- I ll e 8 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 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Plannir Commission of the City of Carlsbad, California, held on the 7th day of April, 1993, by tl following vote, to wit: AYES: Chairman Noble, Commissioners: Schlehuber, Schram~ Welshons, Savary, Erwin & Hall. NOES: None. ABSENT: None. ABSTAIN: None. * a -"y.\ e BAILEY NOBfE, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: - MICHAEL J. HOLZMILYER PLANNING DIRECTOR PC RES0 NO. 3510 ~ -5-