HomeMy WebLinkAbout1994-07-20; Planning Commission; Resolution 3687L
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PLANNING COMMISSION RESOLUTION NO. 3687
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO ALLOW THE HOLY CROSS
EPISCOPAL CHURCH TO LOCATE TO AN EXISTING SUITE
OF APPROXIMATELY 4,570 SQ. FT. WITHIN AN
INDUSTRIAL OFFICE COMPLEX FOR A FIVE YEAR TIME
THE CITY OF CARLSBAD IN LOCAL FACILITIES
MANAGEMENT ZONE 5.
CASE NAME: HOLY CROSS EPISCOPAL CHURCH
CASE NO: CUP 94-03
WHEREAS, a verified application has been filed with the City of
PERIOD AT 6066 CORTE DEL CEDRO IN THE P-M ZONE IN
and referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request as prc
Title 21 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code, the
Commission did, on the 20th day of July, 1994, hold a duly noticed pub1.i~ h
consider said application on property described as:
Lot 11 of Map No. 9973, as recorded on January 16, 1981,
in the City of Carlsbad, County of San Diego, State of
California.
WHEREAS, at said public hearing, upon hearing and consid
testimony and arguments, if any, of all persons desiring to be heard, said Co
considered all factors relating to CUP 94-03.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Cc
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 Cc
APPROVES CIJP 94-03, based on the following findings and subje
following conditions:
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Ftndinns:
1. The requested church use is desirable for the development of the comml
is not detrimental to existing or permitted uses in the area. The church
process of relocating from another site in the City and ultimately will IC
permanent site and structure. In the interim, the proposed suite space
the church location for the next five years on a conditional basis. The e:
permitted uses in the area are industrial, manufacturing and office type u!
would not be adversely impacted by the church proposal since only chu
hctions would occur during the weekdays; worship services would ti
only on Sundays, holidays and one weekday evening. Accommodating tl
of land uses in the City, induding churches, is consistent with the Gent i
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created by CT 80-27 approved on July 15, 1980. All improvements, C: 9
2. The site is adequate in size and shape to accommodate the proposed 1
proposed church location is for an existing industrial office complex (The
aisles and parking spaces associated with this complex are in place and
to serve the proposed church use. 10
11 3. All features necessary to adjust the requested use to existing or future u
13 infrastructure and landscaping associated with the site are existing and ;
Interior noise attenuation measures and the recordation of an avigation
14 will be completed by the project applicant in order to comply with the
Airport's land use plan implemented by SANDAG and the County of S
15 Adjacent tenant suites will be restricted in the use and storage of I
materials as conditioned and monitored by the City's Building 16 Departments. Parking demands associated with church worship service
17 impact the adjacent industries/offices since such services will not take
weekdays during the daytime hours.
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12 area are already existing or will be provided. All setbacks, walls, park
4. The existing public street system and internal circulation system se
the proposed project. Corte del Cedro is a fully improved public SI
internal parking lot circulation services 6606 Corte del Cedro and thf
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suites and shell buildings. 21
industrial office complex is adequate to properly handle the traffic gen
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5. The Planning Commission has, by inclusion of an appropriate conditil
project, ensured building permits will not be issued for the project unles
Engineer determines that sewer service is available, and building can
within the project unless sewer service remains available, and the
Commission is satisfied that the requirements of the Public Facilities E
the General Plan have been met insofar as they apply to sewer servic
project.
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28 ' 6. This project is consistent with the City's Growth Management Ordinancs
PC RES0 NO. 3687 -2-
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been conditioned to comply with any requirement approved as part of I
Facilities Management Plan for Zone 5.
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7. This project will not create any significant adverse impacts to the environ
requirements consistent with the airport's land use plan, a Mitigated
CEQA. In order to address and implement the interior noise att
4 Declaration was issued by the Planning Director on May 28, 1994.
5 9. The project is consistent with the McCleflan-Pdomar Comprehensive I
Plan (CLUP). 6
7 /I conditions:
8 i 1. Approval is granted for CUP 94-03, as shown on Exhibits "A" - IIB", datec
1994, incorporated by reference and on file in the Planning Del
91 Development shall occur substantially as shown unless otherwise noted
10 I1 conditions.
11 2. The developer shall provide the City with a reproducible 24" x 36", :
mylar copy of the site plan and floor plan as approved by the
by the City. The mylar copies shall be submitted to the City Engineel
issuance of building permits or improvement plan submittal, whichever oc
12 Commission. The site plan and floor plan shall reflect the conditions of
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3. This project shall comply with all conditions and mitigation required by
5 Local Facilities Management Plan approved by the City Council on A
1987, incorporated herein and on file in the Planning Department and a
amendments to the Plan made prior to the issuance of building permits
This project shall comply with all conditions and mitigation measures w
be required as part of the Zone 5 Local Facilities Management Plan
amendments made to that Plan prior to the issuance of building permit
4. If any condition for construction of any public improvements or facilitil
payment of any fees in lieu thereof, imposed by this approval or imposc
on this project are challenged this approval shall be suspended as pr,
Government Code Section 65913.5. If any such condition is determir
invalid this approval shall be invalid unless the City Council determine:
project without the conditions complies with all requirements of law.
5. This conditional use permit is granted for a period of five years. This cc
use permit shall be reviewed by the Planning Director on a yearly
determine if all conditions of this permit have been met and that the USE
have a significant detrimental impact on surrounding properties or t
health and welfare. If the Planning Director determines that the use
significant adverse impacts, the Planning Director shall recommend
Planning Commission, after providing the permittee the opportunity to
add additional conditions to mitigate the significant adverse impacts. TI
I! PC RES0 NO. 3687 -3-
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may be revoked at any time after a public hearing, if it is found that thc
a significant detrimental affect on surrounding land uses and the public
and welfare, or the conditions imposed herein have not been met. Th
may be extended for a reasonable period of time not to exceed five ye
written application of the permittee made no less than 90 days pric
expiration date. In granting such extension, the Planning Commission I
that no substantial adverse affect on surrounding land uses or the publil
and welfare will result because of the continuation of the permitted 1
substantial adverse affect on surrounding land uses or the public’s hc
welfare is found, the extension shall be considered as an original applic
a conditional use permit. There is no limit to the number of exten
Planning Commission may grant.
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7. worship services are only allowed on Sundays, holidays and Wednesday 9
6. Only church office uses are permitted during the weekday daytime hou
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11 8. No school or daytime classroom activities are allowed during the weekc
after 6:OO p.m.
12 9. No offsite identification or directional signage is allowed with this use.
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1 10. A noise study assessing existing interior noise levels and outlining buildin l4
1 Environmental Mitimtion Conditions:
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mitigations to attenuate interior noise levels to 45 CNEL per the Palomar
land use plan (CLUP), shall be submitted to the Planning Director pri
, issuance of any building permits. i l7 11.
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12.
Prior to the issuance of any building permits, the noise attenuation
identified in the noise study shall be incorporated into the building per
and construction.
Prior to the issuance of building permits, the property owner shall 1
avigation easement for the property to the County of San Diego and subr
of the recorded document to the Planning Director. The Avigation Easc
the subject property shall be in effect for as long as the church
corresponding Conditional Use Permit are in effect. Prior to the is:
building permits, property owner and applicant shall also sign an a
satisfactory to the City Attorney agreeing to defind and indemnify the Ci
and all claims relating to the CUP use and the adjacent airport use.
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13. Prior to the issuance of building permits, complete building plans 26
Fire Conditions:
submitted to and approved by the Fire Department.
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PC RES0 NO. 3687 -4- II
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14. Plans and/or specifications for fire alarm systems, fire hydrants, extin
systems, automatic fire sprinkler systems and other fire protection systt
be submitted to the Fire Department for approval prior to construction.
15. Prior to the issuance of a building permit for tenant improvements associ:
the church use, adjacent tenant spaces must have on file, to the satisfacti
Fire Marshall, Certificates of Occupancy that are restricted in their use o
of hazardous materials and are compatible with the proposed church 1
condition # 16 below.
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will include but not be limited to Hazardous occupancies. 9
tenants and building owners to modify their existing Certificates of OCCI 8
~uilhg Conditions:
7 16. Prior to the issuance of a building permit, the applicant shall cause the
exclude uses which are incompatible to an A2.1 facility (assembly type u
lo I/ 17. The change in use of the proposed facility must be reviewed for compli;
11 I! current UBC, UPC, UMC, and NEC requirements and the latest State acc
12 /I requirements.
13 il PASSED, APPROVED, AND ADOPTED at a regular meeting of the
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the following vote, to wit: 15
Commission of the City of Carlsbad, California, held on the 20th day of July,
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AYES: Chairperson Savary; Commissioners Noble, MOI
Nielsen.
NOES: Commissioners Compas, Erwin and Welshons.
19 11 ABSENT: None.
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ABSTAIN: None.
ATTEST:
CARLSBAD PLANNING COMN
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II PC RES0 NO. 3687 -5-