HomeMy WebLinkAbout1995-08-16; Planning Commission; Resolution 3789ll 0 e
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PLANNING COMMISSION RESOLUTION NO. 3789
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CARLSBAD, CALIFORNIA, APPROVING
A CONDITIONAL USE PERMIT TO ALLOW THE
ABUNDANT LIFE CHRISTIAN CENTER CHURCH TO
OPERATE AND HOLD WORSHIP SERVICES IN AN
EXISTING 3,627 SQUARE FOOT SUITE OF AN EXISTING
OFFICEflNDUSTRIAL COMPLEX ON PROPERTY
GENERALLY LOCATED AT 5580 EL CAMINO REAL IN
LOCAL FACILITIES MANAGEMENT ZONE 5.
CASE NAME ABUNDANT LIFE CHRISTIAN
CENTER
CASE NO: CUP 95-09
WHEREAS, a verified application has been filed with the City of Ca:
Abundant Life Christian Center, a California nonprofit corporation, as lessee
Camino Real Partners, lessor, and property owner on June 16, 1995, and referrt
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WHEREAS, said verified application constitutes a request for a co 14
Planning Commission; and
use permit for a church as provided by Chapter 21.42 of the Carlsbad Municipal C
16 WHEREAS, pursuant to the provisions of the Municipal Code, the
17 Commission did, on the 16th day of August, 1995, hold a duly noticed public hc 18
19 consider said application on property described as:
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Map 823 Parcel C of Map 1703, Portion Lot B, Rancho
Hedionda, City of Carlsbad, County of San Diego, State of
California
22 WHEREAS, at said public hearing, upon hearing and considering all t
23 // and arguments, if any, of all persons desiring to be heard, said Commission consi
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factors relating to CUP 95-09.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the 26
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A) That the foregoing recitations are true and correct. 28
Commission of the City of Carlsbad as follows:
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B) That based on the evidence presented at the public hearing, the Con
APPROVES CUP 95-09, based on the following findings and subject to the fc
conditions:
Findings:
1. That the Planning Director has determined that the project is exempt f
requirements of the California Environmental Quality Act (CEQA) per
15301(a) of the State CEQA Guidelines and will not have any adverse si]
impact on the environment.
2. The Planning Commission finds that the project, as conditioned herein for '
09, is in conformance with the Elements of the City's General Plan, basec
following:
a. Land Use - The proposed church use is consistent with the Gene
Land Use Element since the General Plan encourages churche!
community and churches are permitted by Conditional Use Permi
zone in the City, subject to a CUP, for the convenience of residents
b. Circulation - The street system serving the use is adequate to proper1
the traffic generated by the use. Access to the site is provided on
Avenue, a secondary arterial which is currently operating at an ac
level. Although additional traffic will be generated by the propc
differing peak use hours (Sundays and evenings) will avoid potenti,
and parking conflicts with other office/industrial users.
3. The project is consistent with the City-Wide Facilities and Improvements :
applicable local facilities management plan, and all City public facility pol
ordinances since:
a) The project has been conditioned to ensure that building permits wj
issued for the project unless the District Engineer determines th
service is available, and building cannot occur within the project unlc
service remains available, and the District Engineer is satisfied
requirements of the Public Facilities Element of the General Plan h
met insofar as they apply to sewer service for this project.
b) All necessary public improvements have been provided or are re(
conditions of approval.
4. This project has been conditioned to comply with any requirement approve
of the Local Facilities Management Plan for Zone 5.
5. The Planning Commission has reviewed each of the exactions imposec
Developer contained in this resolution, and hereby finds, in this case,
exactions are imposed to mitigate impacts caused by or reasonably relatc
project, and the extent and the degree of the exaction is in rough proportit
PC RES0 NO. 3789 -2-
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the impact caused by the project.
6. The project is consistent with the Comprehensive Land Use Plan (CLUP)
McClellan-Palomar Airport, dated April, 1994 in that the project is compatit
the projected noise levels of the CLUP; and, based on the noiseha1
compatibility matrix of the CLUP, the proposed land use is compatible H
airport, in that the project site has a noise level of less than 60 dBA CNEL ir
the CLUP identifies as compatible with church uses and the project site is
outside of the flight activity zone and crash hazard zone.
7. That the requested use is necessary or desirable for the development
community, is essentially in harmony with the various elements and objective
General Plan, and is not detrimental to existing uses specifically permitted
zone in which the proposed use is located, in that the proposed church use in
Q zone is consistent with the General Plan and desirable for the developmer
community since churches are encouraged by the Land Use Element and pe
by Conditional Use Permit in any zone in the City, subject to a CUP,
convenience of residents. Since as conditioned, the church will only opera
6:OO p.m. Monday through Saturday and all day on Sunday, the intt
functional operations of the industrial/ofice complex will not be impa
hindered.
8. That the site for the intended use is adequate in size and shape to accommol
use, in that the proposed 3,627 square foot suite is adequate in size and s
accommodate the proposed church operations. As shown on Exhibit “B”,
adequate space for a meeting room, church of‘fice, restrooms and sanctuaq
9. That all the yards, setbacks, walls, fences, landscaping, and other features nl
to adjust the requested use to existing or permitted future uses in the neigh1
will be provided and maintained, in that since an existing industrial/ofice 1
is involved, all parking, circulation aisles, set backs, infrastructure and land
are already in place and are adequate for the church proposal. By not :
church worship services and activities during weekday and Saturday daytim
no conflicts should arise from the approval of the church for a five year tim
Parking spaces required to supply the demand created by this use are 1
onsite and are available through joint use with other tenants.
10. That the street system serving the proposed use is adequate to properly hi
traffic generated by the proposed use, in that access to the site is pro’
Faraday Avenue, a secondary arterial which is currently operating at an ac
level. Although additional traffic will be generated by the proposed use,
peak use hours (Sundays and evenings) will avoid potential traf‘fic and
conflicts with other office/industrial users. The applicant will utilize j
parking for the church as provided for in Chapter 21.44.050(4) of the (
Municipal Code.
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1 Plannine Conditions:
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1, The Planning Commission does hereby approve the Conditional Use Permit
Church Use Project entitled “Abundant Life Christian Center”. (Exhibits r‘f
on file in the Planning Department and incorporated by this reference, dated
16, 1995), subject to the conditions herein set forth. Staff is authorized and C
to make or require the Developer to make all corrections and modification:
documents, as necessary to make them internally consistent and conform to P
Commission’s final action on the Project. Development shall occur substan
shown on the approved exhibits. Any proposed development substantially d
from this approval, shall require an amendment to this approval.
8 2. The Developer shall include, as part of the plans submitted for any pern
check, a reduced, legible version of the approving resolutiodresolutions on
applicable Coastal Development Permit and signed approved site plan.
9 36” blueline drawing. Said blueline drawing(s) shall also include a copy
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11 3. This Project shall comply with all conditions and mitigation measures wl
required as part of the Zone 5 Local Facilities Management Plan a
12 amendments made to that Plan prior to the issuance of building permits.
13 4.
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This Conditional Use Permit is granted for a period of 5 years. This Con
Use Permit shall be reviewed by the Planning Director on a yearly basis to de
if all conditions of this permit have been met and that the use does not
substantial negative affect on surrounding properties or the public health and.
If the Planning Director determines that the use has such substantial negative
the Planning Director shall recommend that the Planning Commissio
providing the permittee the opportunity to be heard, add additional condi
reduce or eliminate the substantial negative effects. This permit may be re1
any time after a public hearing, if it is found that the use has a sul
detrimental affect on surrounding land uses and the public’s health and we
the conditions imposed herein have not been met. This permit may be exte~
a reasonable period of time not to exceed 5 years upon written applicatio
permittee made no less than 90 days prior to the expiration date. The 1
Commission may not grant such extension, unless it finds that there
substantial negative affects on surrounding land uses or the public’s he:
welfare. If a substantial negative affect on surrounding land uses or the
health and welfare is found, the extension shall be denied or granted with co
which will eliminate or substantially reduce such effects. There is no lim
number of extensions the Planning Commission may grant.
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5. The Developer shall report, in writing, to the Planning Director within 30 c
address change from that which is shown on the conditional use permit apg
6. Prior to the issuance of Building Permits the Developer shall submit to th
Notice of Restriction to be filed in the office of the County Recorder, subje
satisfaction of the Planning Director, notibng all interested parties and SI:
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in interest that the City of Carlsbad has issued a Conditional Use Per
Resolution No. 3789 on the real property owned by the developer. Said Nc
Restriction shall note the property description, location of the file con
complete project details and all conditions of approval as well as any condit
restrictions specified for inclusion in the Notice of Restriction. The P:
Director has the authority to execute and record an amendment to the notia
modifies or terminates said notice upon a showing of good cause by the de7
or successor in interest.
7. No outdoor storage of material shall occur onsite unless required by the Fire
In such instance a storage plan will be submitted for approval by the Fire Ch
the Planning Director.
8. The Developer shall comply with all applicable provisions of federal, state, a]
ordinances in effect at the time of building permit issuance.
9. The Developer shall provide the City with a reproducible 24” x 36”, mylar cop
Site Plan as approved by the Planning Commission. The Site Plan shall ref
conditions of approval by the City. The Plan copy shall be submitted to t
Engineer and approved prior to building, grading, final map, or improveme
submittal, whichever occurs first.
10. The church sanctuary is limited to a maximum of 150 seats.
11. Worship services are only allowed on holidays, Sundays and Monday - S
evenings after 600 p.m.
12. No bible study or church related activities are allowed before 6:OO p.m. M
Saturday. The applicant is prohibited from operating a school unc
conditional use permit.
13. No off site identification or directional signage is allowed with this use.
14. Prior to issuance of building permits, the applicant shall record a joint use
agreement with parties concerned with the joint use of off-street parkin
agreement shall be of a form and content approved by the City Attorney a
be recorded in the office of the County recorder and copies thereof filed
Planning Director.
15. If any of the foregoing conditions fail to occur, or if they are, by their tern
implemented and maintained over time, if any of such conditions fail t
implemented and maintained according to their terms, the City shall have .
to revoke or modify all approvals herein granted, deny or further condition
of all future building permits, deny, revoke or further condition all certif
occupancy issued under the authority of approvals herein granted, instil
prosecute litigation to compel their compliance with said conditions or seek 1
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for their violation. No vested rights are gained by Developer or a suu
interest by the City's approval of this Resolution.
Engineering Conditions:
16. Concurrent with on-site construction and prior to occupancy, the proper
shall obtain a City right-of-way permit and remove and replace the t
driveway apron that fronts the project on Faraday Avenue. This improvemc
be in accordance with City standards.
Building Conditions:
17. This project shall comply with the latest building code requirements fol
(assembly) occupancy uses.
Water District Conditions:
18. The entire potable water system, reclaimed water system and sewer system
evaluated in detail to ensure that adequate capacity, pressure and flow dem;
be met.
19. The Developer shall be responsible for all fees, deposits and charges whicl
collected before and/or at the time of issuance of the building permit. '
Diego County Water Authority capacity charge will be collected at issl
application for meter installation.
20. The developer shall do the following:
A. Meet with the City Fire Marshal and establish the fire pr
requirements. Also obtain G.P.M. demand for domestic and irri
needs from appropriate parties.
21. This project is approved upon the expressed condition that building permits
be issued for development of the subject property unless the water district se:
development determines that adequate water service and sewer facilities are i
at the time of application for such water service and sewer permits will COI
be available until time of occupancy.
Fire Conditions:
22. The Developer and Property owner shall sign a certificate of occupancy stal
all uses, as classified by the Uniform Building Code, within the entire buil
compatible with that of the assembly occupancy use of the church.
Code Reminders
This project is subject to all applicable provisions of local ordinances, including
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limited to the following code reminders:
23. Building permits will not be issued for development of the subject propert
the District Engineer determines that sewer facilities are available at the
application for such sewer permits and will continue to be available until
occupancy.
24. Any signs proposed for this development shall at a minimum be desi
conformance with the City’s Sign Ordinance and shall require review and 2
of the Planning Director prior to installation of such signs.
25. This approval shall become null and void if building permits are not issued
project within 18 months from the date of project approval.
26. Approval of this request shall not excuse compliance with all applicable sec
the Zoning Ordinance and all other applicable City ordinances in effect at
building permit issuance, except as otherwise specifically provide herein.
27. The project shall comply with the latest non-residential disabled access requi
pursuant to Title 24 of the State Building Code.
PASSED, APPROVED, AND ADOPTED at a regular meeting
Planning Commission of the City of Carlsbad, California, held on the 16th day of
1995, by the following vote, to wit:
AYES: Chairperson Welshons; Commissioners Compas,
Nielsen and Savary
NOES: None
ABSENT: Commissioners Erwin and Noble
ABSTAIN: None
KIM WELSHONS, Chairperson
CARLSBAD PLANNING COMMISSII
ATJEST:
MICHAEL J. #OL&ILLER
Planning Director
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