Loading...
HomeMy WebLinkAbout1976-02-25; Planning Commission; Resolution 1220II 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 PLANNING COMMISSION RESOLUTION NO. 1220 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, CONCERN- THE CONDITIONAL USE PERMIT TO ALLOW THE OPERATION OF A PRIVATE JUNIOR AND SENIOR HIGH SCHOOL IN EXISTING CHURCH FACILITIES LOCATED AT 3175 HARDING STREET (WESTERLY SIDE OF PINE BETWEEN HARDING & JEFFERSON.) APPLICANT: ERWIN GRISWOLD CASE NO. CUP-116 WHEREAS, a verified application for a certain property, wit: Lots 1, 2, 3, 4, 5, 6, 21, 33, 23, 24, 25, 26, 27, 28, 29, 29, 31, & 32 of Block 58 of town of Carlsbad. Amended, filed in Map 775, Book 365, Page 535 of records of the County of San Diego. Assessor Parcel Numbers 204-032-04 & 11. has been filed with the City of Carlsbad and referred to the Planning Commission; and WHEREAS, said verified application constitutes a reques as provided by Title 21 of the "Carlsbad Municipal Code"; anc WHEREAS, the applicant has complied with the Public Facility Element of the City of Carlsbad and has provided thl necessary information which ensures Public Facilities will be available and current with need; and WHEREAS, the subject application has complied with the requirements of the City of Carlsbad "Environmental Protectil Ordinance of 1972" because under Section 19.04.090(3) of Tit 19 of the Carlsbad Environmental Protection Ordinance, the activity applied for is categorically exempt; and WHEREAS, the public hearing was held at the time and in the place specified in said notice on February 25, 1976; and 28 WHEREAS, at said public hearing, upon hearing and consic 0 e 1 relating to the Conditional Use Permit. 3 desired to be heard, said Commission considered all factors 2 ing the testimony and arguments, if any, of all persons who 4 NOW, THEREFORE, BE IT RESOLVED BY THE Planning Commissi 5 A) That the above recitations are true and correct. 6 of the City of Carlsbad as follows: 7 8 B) That the Planning Commission makes the following findings of fact: 9 11 (1) The requested use is necessary and desirable for the development of the community because: 10 11 12 13 14 a) Private educational institutions expand the educational opportunities and choice: of the community and the North County in general. (2) The requested use is not detrimental to exist uses or to uses specifically permitted in the zone in which the proposed use is to be locatl because: 15 11 16 17 a) A public school exists in the neighborhoc b) No structural modifications to the buildi on the site are planned or proposed. l8 I) (3) The site for the intended use is adequate in size and shape to accommodate the use because: 19 I 2o I 21 22 a) Adequate classroom (7200 sq. ft) and recl ation (8960 sq. ft.) areas exist on-site< b) Adequate off-street parking areas are available on the church grounds and on ar adjacent church owned lot. 23 24 25 (4) All yards, setbacks, landscaping, improvements and other features necessary to adjust the re- quested use to existing and permitted future uses in the neighborhood will be provided and maintained because: 26 27 28 a) The proposed school will utilize existing church facilities and will not use the facility in a manner substantially differ from existing activities. -2- 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 C) 0 e (5) The street system serving the proposed use is adequate to properly handle all traffic gener by the proposed use because: (a) Adjacent City streets are fully improved and have an adequate unused capacity (600 Average Daily Traffic) to handle the increase in traffic (90 Average Daily Traffic) caused by the proposed us1 (6) Per Fire Code regulations 48 students will be permitted per classroom for a maximum total of 288 students. There are currently 100 students enrolled in the school. That in view of the findings heretofore made and cc sidering the applicable law, the decision of the Planning Commission is to approve Case No. CUP-116, subject to the following conditions: (1 1 The approval is granted for the land described in the application and any attachments thereto and as shown on the Plot Plan submitted labele Exhibit A, dated January 15, 1976. The approv is granted to the applicant for the use of the existing classroom, office building and parkin lot so designated for use in Exhibit A. In addition, other on-site structures may be used for the purposes of realted religious, eating, indoor recreation and lounge activities. The use of any on or off-site structure for educa- tional purposes other than those approved for classes will require an amendment to the Condi tional Use permit. (2) Unless the use is commenced not later than one year after the date final approval is granted and is diligently pursued thereafter, this approval shall automotically become null and void. (3) This conditional use permit is granted to the Victory Christian Junior/Senior High School and is not assignable to others. (4) This CUP is granted for a period ending June 3( 1980. Prior to the expiration of the CUP the applicant may request an extension of this CUP by filing a formal application. The extension request shall be treated as a new application and public hearings held. In addition, a re- view of the operation and circumstances of thi: conditional use.permit shall be conducted by the Planning Director in June, 1978. The Direc tor shall report to the Planning Commission the -3- 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 0 a results of his review, including a recommendat regarding any necessary modification to the cc ditions of approval or add new conditions as n be necessary. If the Commission wishes to cor sider amendments to the conditions of approval it shall hold a public hearing in the manner prescribed by law. (5) Prior to occupancy of the buildings by the Victory Christian Junior/Senior High School, the existing buildings shall be inspected by the Building and Fire Departments for compli- ance with all appl icable City and State fire and building codes. Occupancy shall not be permitted prior to compliance with applicable sections of the Fire and Building Codes. Unde no circumstances shall occupancy of any class- room exceed the capacities allowed under the fire code. (6) The applicant shall submit an improvement plan for wheel stops and restriping for the Church- owned parking lot across Jefferson Street fron the Church (Assessor's Parcel 204-03-09) to tb Planning Director for his approval. Prior to occupancy all improvements shall be installed. The applicant shall be responsible for maintai ing the improvements installed. (7) No modifications shall be made to the on-site parking lot designated on Exhibit A for Physic Education use which would impede the use of th lot for parking purposes during non-school hou (8) Use of the on-site parking lot designated on Exhibit A for Physical Education activities sh be limited to the hours between 7:30 AM and 9: PM. (9) The applicant shall submit an on-site parking program for students and employees to the Plan ning Director for his approval prior to occupancy. (10) Prior to using any City Park or facility, the applicant shall obtain approval from the City Manager as required by Section 11.24.130 of the Municipal Code. (11) Victory Christian Junior/Senior High School shall not conduct educational classes after 6:OO PM, and it shall be a closed campus. -4- 0 W 1 2 3 (12) When the total student enrollment reaches the maximum of 288, the Planning Commission shall review this Conditional Use Permit and take action for the school either to be moved to larger facilities or to close enrollment. 4 PASSED, APPROVED AND ADOPTED at a regular meeting of the 5 City of Carlsbad Planning Commission held'on February 25, 197 ' 7 by the following vote to wit: AYES: Commissioners Jose, Larson, Watson and L'Heure 8 II NOES: None 9 10 11 ABSTAIN: Commissioner Fikes ABSENT: Commissioners Packard and Dominguez 12 l3 ATTEST: Stephen' M. L'Heureuk, Chairman 14 15 16 17 18 19 I 2o I 21 I 22 il 23 24 25 26 27 28 II E;