HomeMy WebLinkAbout1988-07-06; Planning Commission; Resolution 2751*'
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PLANNING COMMISSION RESOLUTION NO. 2751
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO ALLOW A
DAYCARE/PRESCHOOL AND A HIGH SCHOOL TO OPERATE OUT OF CHURCH FACILITIES ON PROPERTY LOCATED AT 2780
PI0 PIC0 DRIVE.
APPLICANT: FIRST BAPTIST CHURCH CASE NO: CUP 88-5
WHEREAS, a verified application has been filed with the
City of Carlsbad and referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request
as provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal
Code, the Planning Commission did, on the 6th day of July, 1988,
hold a duly noticed public hearing to consider said application
on property described as:
Lots 5 and 10, block 236, Thum Lands Map 1681 in the City of Carlsbad, County of San Diego, State of California filed in the office of the County Recorder of San Diego County.
WHEREAS, at said public hearing, upon hearing and
considering all testimony and arguments, if any, of all persons
desiring to be heard, said Commission considered all factors
relating to CUP 88-5. NOW, THEREFORE, BE IT HEREBY RESOLVED by
the Planning Commission 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 Commission APPROVES CUP 88-5, based on the following findings and subject to the following conditions:
Findinss:
1. The requested use is necessary or desirable for the development of the community, is essentially in harmony with the various elements and objectives of the general plan, and is not detrimental to existing uses or to uses specificall'y permitted in the residential zone, since the church would be assisting the displaced high school, and there is another school in the immediate vicinity.
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2. The 2.6 acre site is adequate in size and shape to accommodate the use, since adequate parking and play area can be provided onsite.
3. All of the yards, setbacks, walls, fences, landscaping,
and other features necessary to adjust the requested use
to existing or permitted future uses in the neighborhood
will be provided and maintained in accordance with the zoning ordinance requirements.
4. The street system serving the proposed use is adequate to
properly handle all traffic generated by the proposed use because traffic can be handled on Pi0 Pic0 Drive.
5. The Planning Commission has, by inclusion of an
appropriate condition to this project, ensured building
permits will not be issued for the project unless the
City Engineer determines that sewer service is available,
and building cannot occur within the project unless sewer service remains available, and the Planning Commission is
satisfied that the requirements of the Public Facilities
Element of the General Plan have been met insofar as they
apply to sewer service for this project.
6. All necessary public improvements have been provided or will be required as conditions of approval.
7. This project will not cause any significant environmental impacts and a Negative Declaration has been issued by the Planning Director on May 13, 1988 and APPROVED by the
Planning Commission on July 6, 1988. In approving this Negative Declaration the Planning Commission has considered the initial study, the staff analysis, all required mitigation measures and any written comments received regarding the significant effects this project could have on the environment.
8. This project is consistent with the City's Growth Management Ordinance as it has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 1.
I 9. The project is consistent with the City's Local Coastal
I Program in that the school uses are allowed with a
~ Conditional Use Permit.
I i Conditions:
1. Approval is granted for CUP 88-5, as shown on Exhibits "A", rlBrl and rlC", dated June 17, 1988, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions.
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PC RES0 NO. 2751 -2-
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2. The developer shall provide the City with a reproducible
24" x 36l', 100 scale mylar copy of the site plan as
approved by the Planning Commission. The site plan shall reflect the conditions of approval by the City. The plan copy shall be submitted to the City Engineer prior to
issuance of building permits or improvement plan
submittal, whichever occurs first.
3. This project shall comply with all conditions . as
previously set forth in CUP 87-12 (Planning Commission I
Resolution No. 2709).
4. Water shall be provided to this project pursuant to the Water Service agreement between the City of Carlsbad and
the Costa Real Water District, dated May 25, 1983.
5. This project shall comply with all conditions and mitigation required by the Zone 1 Local Facilities Management Plan approved by the City Council on September
1, 1987, incorporated herein and on file in the Planning
Department and any future amendments to the Plan made
prior to the issuance of building permits.
6. If any condition for construction of any public improvements or facilities, or the payment of any fees in
lieu thereof, imposed by this approval or imposed by law
on this project are challenged this approval shall be
suspended as provided in Government Code Section 65913.5. If any such condition is determined to be invalid this
approval shall be invalid unless the City Council
determines that the project without the condition
complies with all requirements of law.
7. Approval of this request shall not excuse compliance with all sections of the Zoning Ordinance and all other
applicable City ordinances in effect at time of building permit issuance.
8. This approval shall become null and void if building permits are not issued for this project within one year from the date of project approval.
9. This conditional use permit is granted for a period of 3 years. This conditional use permit shall be reviewed by
the Planning Director on a yearly basis to determine if
all conditions of this permit have been met and that the
use does not have a significant detrimental impact on
surrounding properties or the public health and welfare.
If the Planning Director determines that the use has such significant adverse impacts, the Planning Director shall recommend that the Planning Commission, after providing the permittee the opportunity to be heard, add additional conditions to mitigate the significant adverse impacts. This permit may be revoked at any time after a public hearing, if it is found that the use has a
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significant detrimental affect on surrounding land uses and the public's health and welfare, or the conditions imposed herein have not been met. This permit may be extended for a reasonable period of time not to exceed 3 years upon written application of the permittee made no
less than 90 days prior to the expiration date. In granting such extension, the Planning Commission shall find that no substantial adverse affect on surrounding land uses or the public's health and welfare will result because of the continuation of the permitted use. If a substantial adverse affect on surrounding land uses or the public's health .and welfare is found, the extension shall be considered as an original application for a conditional use permit. There is no limit to the number of extensions the Planning Commission may grant.
10. Because of an increased generation of trash by the two school uses, a dumpster shall be located on the property. Trash receptacle areas shall be enclosed by a six-foot high masonry wall with gates pursuant to City standards. Location of said receptacles shall be approved by the Planning Director. Enclosure shall be of similar colors and/or materials to the project to the satisfaction of the Planning Director.
11. No outdoor storage of material shall occur onsite unless required by the Fire Chief. In such instance a storage
plan will be submitted for approval by the Fire Chief and
the Planning Director.
12. All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris.
13. Any signs proposed for this development shall at a
minimum be designed in conformance with the City Is Sign
Ordinance and shall require review and approval of the Planning Director prior to installation of such signs.
14. The wooden fence on the north property line shall be
replaced with a six-foot high solid wooden fence.
15. The daycare/preschool facility shall obtain any required
State licenses prior to occupancy,
16. The preschool/daycare and high school uses may operate
simultaneously -- however, neither of those functions
shall operate when church services are scheduled, so
parking conflicts do not occur.
17. The applicant shall amend or obtain a new Coastal Permit
from the California Coastal Commission prior to issuance
of a building permit.
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PC RES0 NO. 2751 -4-
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18. Playground equipment such as swings shall be provided, to
be located in the fenced playground area shown on the
site plan, to the satisfaction of the Planning Director.
Ensineerins Conditions:
19. All conditions of approval for CUP 87-12 shall hereby be
incorporated by reference and shall be complied with as
stipulated in Planning Commission No. 2709.
Buildinq Conditions:
20. Each coach (modulars) must contain a State of California
identification number. Plans that are approved by the
State of California to use these coaches as a Group E
Division 7 Occupancy must be submitted for a building
permit .)
Fire Conditions:
Preschool/Daycare Use
21. Prior to the issuance of building permits, complete
building plans shall be submitted to and approved by the
Fire Department.
22. All fire alarm systems, fire hydrants, extinguishing
systems, automatic sprinklers, and other systems
pertinent to the project shall be submitted to the Fire
Department for approval prior to construction.
23. Remove track partitions from rooms 24 and 25 and 19 and
20.
24. Repair heating system to the satisfaction of the Fire
Department.
25. Provide approved fire alarm system.
26. All classrooms shall exit directly to exterior or through , a rated fire exit corridor.
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27. Interior finish shall meet UBC Chapter 42 requirements.
28. Calculate occupant load per UBC.
Victory Christian Hish School
29. Prior to the issuance of building permits, complete building plans shall be submitted to and approved by the Fire Department.
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PC RES0 NO. 2751 -5-
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30. The applicant shall submit two (2) copies of a site plan showing locations of existing and proposed fire hydrants and onsite roads and drives to the Fire Marshal for
approval.
31. All private driveways shall be kept clear of parked vehicles at all times, and shall have posted "No Parking/Fire Lane - Tow Away Zone" pursuant to Section
17.04.040, Carlsbad Municipal Code.
32. All fire alarm systems, fire hydrants, extinguishing systems, automatic sprinklers, and other systems pertinent to the project shall be submitted to the Fire
Department for approval prior to construction.
33. Interior corridor to be rated at one-hour fire resistance.
34. Fire access 20 feet in width shall be required from the street to the site and shall be shown on the site plan.
PASSED, APPROVED, AND ADOPTED at a regular meeting of
the Planning Commission of the City of Carlsbad, California,
held on the 6th day of July, 1988, by the following vote, to
wit:
AYES : Commissioner McFadden, Commissioners: Marcus, Erwin, Schramm and Holmes.
NOES : None.
ABSENT: Commissioner Hall.
I ABSTAIN: None. I jlie%&&* %c
JgANNE B. MCFADDEN, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
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MICHAEL J. HOLZMILLER PLANNING DIRECTOR
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