HomeMy WebLinkAbout1998-12-16; Planning Commission; Resolution 4440‘.
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PLANNING COMMISSI[ON RESOLUTION NO. 4440
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO ALLOW A WORSHIP
FACILITY ON PROPERTY GENERALLY LOCATED ON
AVENIDA ENCINAS IN THE POINSETTIA PLAZA
SHOPPING CENTER IN LOCAL FACILITIES MANAGE-
MENT ZONE 9.
CASE NAME: CALVARY (CHAPEL NORTH COAST
CASE NO.: CUP 98-15
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12 Corporation, “Owner”, described as
WHEREAS, Calvary Chapel North Coast, a California Non-Profit E
Corporation, “Developer”, has filed a verified application with the City of Carlsbad r
property owned by Calvary Chapel North Coast, a California Non-Profit E
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Lot 7 of Parcel Map 15187, in the City of Carlsbad, County of
San Diego, State of California, filed in the Office of the County
Recorder of San Diego County, March 28,1988, Recorder’s file
15 11 no. 88-140044 of official records.
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WHEREAS, said verified application constitutes a request for a Conditi 17
(“the Property”); and
Permit as shown on Exhibits “A” - “D” dated December 16, 1998, on file in the
Planning Department, CALVARY CHAPEL NORTH COAST, CUP 98-15, as pro
21 // Chapter 21.42 and/or 21.50 of the Carlsbad Municipal Code; and
22 WHEREAS, the Planning Commission did, on the 16th day of Decemb,
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WHEREAS, at said public hearing, upon hearing and considering all t 24
hold a duly noticed public hearing as prescribed by law to consider said request; and
and arguments, if any, of all persons desiring to be heard, said Commission considered 2
26 // relating to the CUP. 27
28 NOW, THEREFORE, BE IT HEREBY RESOLVED by the
Commission of the City of Carlsbad as follows:
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A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Con
APPROVES CALVARY CHAPEL NORTH COAST, CDP 98-15,l
the following findings and subject to the following conditions:
FindinPs:
1. That the requested use is necessary or desirable for the development of the comn
essentially in harmony with the various elements and objectives of the General E
provides for a diversity of land uses within the city and provides for adeql
street parking facilities, and is not detrimental to existing uses specifically per
the zone in which the proposed use is located, in that all necessary parking is I
and the hours of operation are essentially different than the neighboring use
2. That the site for the intended use is adequate in size and shape to accommodate tl
that the facility meets all required ordinances, including those involving adel
parking.
3. That all the yards, setbacks, walls, fences, landscaping, and other features nec
adjust the requested use to existing or permitted future uses in the neighborhoo
provided and maintained, in that all improvements fit within the existing
without the need for expansion or external modification.
4. That the street system serving the proposed use is adequate to properly handle :
generated by the proposed use, in that the traffic generated by the use is less t
generated by a commercial activity in the same building and that the site’s
improvements (sidewalks, curbs, and gutters), adjacent public roadways,
intersections near the project site have all been sized and constructed to 1
land use demand.
5. That the Planning Director has determined that the project is exempt j
requirements of the California Envirolnmental Quality Act (CEQA) per Sectio
existing facilities, of the state CEQA Guidelines and will not have any
significant impact on the environment.
Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all c(
and modifications to the Conditional Use Permit document(s) necessary to m
internally consistent and in conformity with final action on the project. Dev
shall occur substantially as shown in the approved Exhibits. Any proposed dev
different from this approval, shall require an amendment to this approval.
2. The Developer shall comply with all applicable provisions of federal, state,
ordinances in effect at the time of building permit issuance.
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PC RES0 NO. 4440 -2.-
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3. The Developer/Operator shall and does hereby agree to indemnify, protect, de
hold harmless the City of Carlsbad, its Council members, officers, employees, ag,
representatives, from and against any and all liabilities, losses, damages, demand
and costs, including court costs and attorney’s fees incurred by the City arising,
or indirectly, from (a) City’s approval and issuance of this Conditional Use Pe
City’s approval or issuance of any permit or action, whether discretionary
discretionary, in connection with. the use contemplated herein, :
Developer/Operator’s installation and operation of the facility permitted
including without limitation, any and all liabilities arising from the emissiol
facility of electromagnetic fields or other energy waves or emissions.
4. Building permits will not be issued for development of the subject property UI
District Engineer determines that sewer facilities are available at the time of apl
for such sewer permits and will continue to be available until time of occupancy.
5. This Conditional Use Permit is granted for a period of (5) five years. This COI
Use Permit shall be reviewed by the Planning Director on a yearly basis to detc
all conditions of this permit have been. met and that the use does not have a su
negative effect on surrounding properties or the public health and welfare.
Planning Director determines that the use has such substantial negative effc
Planning Director shall recommend that the Planning Commission, after provi
permittee the opportunity to be heard, add additional conditions to reduce or elim
substantial negative effects. This permit may be revoked at any time after
hearing, if it is found that the use has a substantial detrimental effect on surround
uses and the public’s health and welfare; the conditions imposed herein have r
met, or if there is an impact to the demand for commercial space. This permit
extended for a reasonable period of time not to exceed (5) five years upon
application of the permittee made no less than 90 days prior to the expiration da
Planning Commission may not grant such extension, unless it finds that there
substantial negative effects on surrounding land uses or the public’s health and
If a substantial negative effect on surrounding land uses or the public’s health and
is found, the extension shall be denied or granted with conditions which will elirr
substantially reduce such effects. There is no limit to the number of extens
Planning Commission may grant.
6. The Developer shall report, in writing, to the Planning Director within 30 d:
address change from that which is shown on the conditional use permit applicatiol
7. Within 30 days of the approval of the Conditional Use Permit, Developer shal:
to the City a Notice of Restriction to be filed in the office of the County Recorder:
to the satisfaction of the Planning Director, notifying all interested parties and su(
in interest that the City of Carlsbad has issued a Conditional Use Permit by Re
No. 4440 on the real property owned by the Developer. Said Notice of Restricti
note the property description, location (of the file containing complete project det
all conditions of approval as well as any conditions or restrictions specified for il
in the Notice of Restriction. The Planning Director has the authority to exec
record an amendment to the notice which modifies or terminates said notice
showing of good cause by the Developer or successor in interest.
PC RES0 NO. 4440 -3-
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8. All parking for Calvary Chapel is restricted to lots 7 and 8 of Parcel Ma
and is prohibited in the shopping center parking area north and west of Buj
and I. The sum of the parking required for all the uses within the Calvaq
as defined by Sections 21.44.030 and 21.44.050 of the Zoning Ordinance
exceed 93 spaces between the hours of 7:OO AM and 6:OO PM, Monday
Friday. Large assemblages within the auditorium are expressly prohibite’
these weekday hours.
9. No school or pre-school use shall occur between the hours of 7:OO AM and (
Monday through Friday, with the exception of a two week period for a
vacation bible school event.
10. Parties concerned in the joint use of off-street parking shall evidence agree
such joint use by a proper legal instrument approved by the City Attor]
form and content. Such instrument, when approved as conforming to the PI
to Title 21 of the Carlsbad Municipal Code, shall be recorded in the Offiic
County Recorder of San Diego County and copies thereof filed with the 1
Department.
11. 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 thc
revoke or modify all approvals herein granted; deny or further condition issuaI
future building permits; deny, revoke or further condition all certificates of 01
issued under the authority of approvals, herein granted; institute and prosecute liti
compel their compliance with said cclnditions or seek damages for their viola1
vested rights are gained by Developer or a successor in interest by the City’s ap
this Conditional Use Permit.
Code Reminders
12. This approval shall become null and void if building permits are not issued
project within 18 months from the date: of project approval.
13. Approval of this request shall not excuse compliance with all applicable sectio
Zoning Ordinance and all other applicable City ordinances in effect at time of
permit issuance, except as otherwise specifically provided herein.
14. The project shall comply with the latest non-residential disabled access reqL
pursuant to Title 24 of the State Building Code.
15. Any signs proposed for this development shall at a minimum be designed in con:
with the City’s Sign Ordinance and shall require review and approval of the
Director prior to installation of such signs.
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NOTICE
Please take NOTICE that approval of your project includes the “imposition”
dedications, reservations, or other exactions hereafter collectively referred to for conve~
“fees/exactions.”
You have 90 days from December 16,1998 to protest imposition of these feedexaction;
protest them, you must follow the protest procedure set forth in Government Code
66020(a), and file the protest and any other required information with the City Mar
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure t
follow that procedure will bar any subsequent legal action to attack, review, set aside,
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/(
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor 1
zoning, grading or other similar application processing or service fees in connection
project; NOR DOES IT APPLY to any fees/exactions of which you have previously be
a NOTICE similar to this, or as to which the statute of limitations has previously c
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 16th day of December, 199
following vote, to wit:
AYES: Chairperson Noble, Commissioners Compas, Heineman, h
Nielsen, Savary, and Welshons
NOES:
ABSENT:
ABSTAIN:
BAILEY NOB
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
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