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-