HomeMy WebLinkAbout1999-06-16; Planning Commission; Resolution 4579\
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PLANNING COMMISSION RESOLUTION NO. 4579
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING AN
AMENDMENT TO CONDITIONAL USE PERMIT CUP 85(A)x2
TO ALLOW THE EXPANSION OF A CHURCH ON PROPERTY
GENERALLY LOCATED AT 2020 CHESTNUT AVENUE TN
LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: PILGRIM UNITED CHURCH OF CHRIST
CASE NO.: CUP 85CC)
WHEREAS, Pilgrim United Church of Christ, “Developer” and “Ow
9 filed a verified application with the City of Carlsbad regarding property described as:
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(“the Property”); and 11
Map 1681 Thum Lands, Portion of Tracts 254 and 255
l2 // WHEREAS, said verified application constitutes a request for a Conditic
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WHEREAS, the Planning Commission did, on the 16th day of June, 199! 18
Carlsbad Municipal Code; and
Permit Amendment as shown on Exhibit(s) “A” - “B” dated June 16, 1999, on fi
Carlsbad Planning Department, PILGRIM UNITED CHURCH OF CHRIST, CUP I
provided by the conditions of approval of CUP 85(A)x2 and Chapter 21.42 and/or 21.!
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duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all te
and arguments, if any, of all persons desiring to be heard, said Commission considered a1
relating to the CUP amendment.
WHEREAS, on July 16, 1998, the Planning Commission approvc
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No. 4118 and 4119.7 26
85(A)x2 and CUP 85(B)x1, as described and conditioned in Planning Commission Res
NOW, THEREFORE, BE IT HEREBY RESOLVED by the I
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Cor
APPROVES - PILGRIM UNITED CHURCH OF CHRIST, CUI
based on the following findings and subject to the following conditions:
Findinm:
1. All Findings of Planning Commission Resolutions No. 4118 apply to this COI
use permit and are incorporated herein by reference.
2. . That the requested expansion of use is necessary or desirable for the developmc
community, is essentially in harmony with the various elements and objectivc
General Plan, and is not detrimental to existing uses specifically permitted in thl
which the proposed use is located, in that in accordance with the Gener
churches are desirable uses in the community and the proposed expansio
existing church multi-purpose room is integrated into the church site 1
negatively impacting surrounding residences.
3. That the site for the intended use is adequate in size and shape to accommodate tl
that all required setbacks, building coverage, building height and parking st
are satisfied.
4. That all the yards, setbacks, walls, fences, landscaping, and other features necl
adjust the requested use to existing or permitted future uses in the neighborhool
provided and maintained, in that the new structure is well integrated into the
development and additional landscaping adjacent to the new structure will I
the overall appearance.
5. That the street system serving the proposed use is adequate to properly handle a
generated by the proposed use, in that Lancer Way and Chestnut Avenue op
acceptable levels.
6. The Pilgrim Children’s Center is deleted from CUP 85(C) as a conditional
recognized as a permitted use consistent with Section 21.83.060(2) of the 1
Municipal Code.
7. That the Planning Director has determined that the project is exempt f
requirements of the California Environmental Quality Act (CEQA) per Section :
the state CEQA Guidelines and will not have any adverse significant impac
environment.
Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all COI
and modifications to the Conditional Use Permit Amendment document(s) necc
make them internally consistent and in conformity with final action on the
Development shall occur substantially as shown in the approved Exhibits. Any I
development different from this approval, shall require an amendment to this app~
PC RES0 NO. 4579 -2-
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2. Planning Commission Resolution 4118 for CUP 85(A)x2 is superseded
resolution. Conditions of Planning Commission Resolutions 4118,1640,918
have been completed or are superseded by the following conditions.
3. Planning Commission Resolution 4119 for CUP 85(B)x1 is hereby rescinded
4. The Developer shall comply with all applicable provisions of federal, state, 2
ordinances in effect at the time of building permit issuance.
5. The DeveloperlOperator shall and does hereby agree to indemnifl, 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 City’s approval and issuance of this Conditional Use Permit.
6. The Developer shall provide the City with a reproducible 24” x 36”, mylar coy
Site Plan as approved by the final decision making body. The Site Plan shall rc
conditions of approval by the City. The Plan copy shall be submitted to
Engineer and approved prior to building, grading, final map, or improvem
submittal, whichever occurs first.
7. This Conditional Use Permit shall be reviewed by the Planning Director on a yee
to determine if all conditions of this permit have been met and that the use does
a substantial negative effect on surrounding properties or the public health and w(
the Planning Director determines that the use has such substantial negative eft
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, or the conditions imposed herein have 1
met.
8. Building permits will not be issued for this project unless the local agency p
water and sewer services to the project provides written certification to the C
adequate water service and sewer facilities, respectively, are available to the proje
time of the application for building permit, and that water and sewer capac
facilities will continue to be available until the time of occupancy.
9. If any condition for construction of any public improvements or facilities, or the I
of any fees in-lieu thereof, imposed by this approval or imposed by law on this re:
housing project are challenged this approval shall be suspended as prow
Government Code Section 66020. If any such condition is determined to be inv
approval shall be invalid unless the City Council determines that the project wit
condition complies with all requirements of law.
10. The exterior materials used for the multipurpose room addition shall ma
existing structure.
11. All outdoor lighting shall be designed so that light spillage shall not extend
the Pilgrim Church property lines, and shall be located to the satisfaction
PC RES0 NO. 4579 -3 -
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Planning Director. Lights located along the eastern elevation of the C1
Center shall be moved or shaded to the extent that no light spillage occur:
the fence separating the properties.
12. Loud music audible beyond the Pilgrim Church property line shall be prob
the facility during the evening hours between 9:OO p.m. and 6:OO a.m.
13. Outdoor activities occurring along the site’s eastern property line !
prohibited between the hours of 7:OO p.m. and 6:OO a.m. weekdays and 6
and 6:OO a.m. on weekends and holidays.
General
14. 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 tc
implemented and maintained according to their terms, the City shall have the
revoke or modify all approvals herein granted; deny or further condition issuan
future building permits; deny, revoke or further condition all certificates of oc
issued under the authority of approvals herein granted; institute and prosecute liti,
compel their compliance with said conditions or seek damages for their viola
vested rights are gained by Developer or a successor in interest by the City’s apl
this Conditional Use Permit.
Code Reminders:
15. This approval shall become null and void if building permits are not issued
project within 18 months from the date of project approval.
16. Approval of this request shall not excuse compliance with all applicable sectior
Zoning Ordinance and all other applicable City ordinances in effect at time of
permit issuance, except as otherwise specifically provided herein.
17. The project shall comply with the latest non-residential disabled access requ:
pursuant to Title 24 of the State Building Code.
18. All roof appurtenances, including air conditioners, shall be architecturally intep
concealed from view and the sound buffered from adjacent properties and st1
substance as provided in Building Department Policy No. 80-6, to the satisfactio
Directors of Community Development and Planning.
19. Any signs proposed for this development shall at a minimum be designed in confi
with the City’s Sign Ordinance and shall require review and approval of the J
Director prior to installation of such signs.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” (
dedications, reservations, or other exactions hereafter collectively referred to for conven
“fees/exactions.”
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You have 90 days from date of final approval to protest imposition of these feedexac
you protest them, you must follow the protest procedure set forth in Government Cod1
66020(a), and file the protest and any other required information with the City Ma
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure
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
zoning, grading or other similar application processing or service fees in connection
project; NOR DOES IT APPLY to any feedexactions of which you have previously be
a NOTICE similar to this, or as to which the statute of limitations has previously (
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 16th day of June, 199
following vote, to wit:
AYES: Chairperson Heineman, Commissioners L’Heureux, Nielsc
Segall and Welshons
NOES:
ABSENT: Commissioners Compas and Trigas
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
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