HomeMy WebLinkAbout1997-02-19; Planning Commission; Resolution 4049Ilr 0 0
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PLANNING COMMISSION RESOLUTION NO. 4049
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING AN
EXTENSION OF A CONDITIONAL USE PERMIT TO ALLOW
THE CONTINUED OPERATION OF THE CHURCH,
OCCUPATION OF A MODULAR BUILDING AND
OPERATION OF A DAYCARE/PRESCHOOL WITHIN
CHURCH FACILITIES ON PROPERTY GENERALLY
LOCATED AT 3780 PI0 PIC0 DRIVE IN LOCAL FACILITIES
MANAGEMENT ZONE I.
CASE NAME: FIRST BAPTIST CHURCH
CASE NO.: CUP 87- 12x2
WHEREAS, First Baptist Church, “Developer”, has filed a verified applic
with the City of Carlsbad regarding property owned by First Baptist Church, “Ov
described as
Lots 5 and 10, Block 236, Thum Lands, Map 1681, in the City
of Carlsbad, County of San Diego, State of California
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditiona
Permit Extension as shown on Exhibit “A” dated December 21, 1987, on file in the CaI
Planning Department (CUP 87-12), as provided by the conditions of approval of CUP 8
CUP 87-12x1 and Chapter 21.42 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 5th day of February
and the 19th day of February 1997, hold a duly noticed public hearing as prescribed by 1
consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testi
and arguments, if any, of all persons desiring to be heard, said Commission considered all fi
relating to CUP 87-12x2.
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0 e
WHEREAS, on January 20, 1988, and February 19, 1992, the Planni
Commission approved CUP 87-12 and CUP 87-12x1, as described and conditioned
Planning Commission Resolutions No. 2709 and 3355, respectively.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the P1:
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 Comm
APPROVES Conditional Use Permit Extension, CUP 87-12x2, based c
following findings and subject to the following conditions:
Findings:
1. That the requested use is necessary or desirable for the development of the commun
essentially in harmony with the various elements and objectives of the General Pla1
is not detrimental to existing uses specifically permitted in the zone in whic
proposed use is located, in that the church and daycare/preschool provide spi
and educational opportunities and do not interfere or negatively impacl
surrounding uses.
2. That the site for the intended use is adequate in size and shape to accommodate the 1
that the church, daycare and related facilities are existing and have been functi
adequately within the confines of the site.
3. That all the yards, setbacks, walls, fences, landscaping, and other features necess:
adjust the requested use to existing or permitted future uses in the neighborhood M
provided and maintained, in that the church does not interfere or adversely impat
existing and future residential and commercial uses.
4. That the street system serving the proposed use is adequate to properly handle all ‘
generated by the proposed use, in that Pi0 Pic0 Drive is a collector street M
maximum capacity of 10,000 trips.
Conditions:
1. The Planning Commission does hereby APPROVE the Conditional Use Perrr
Extension for the project entitled First Baptist Church (Exhibit “A” datc
December 21, 1987, on file in the Planning Department and incorporated by th
reference, subject to the conditions herein set forth). Staff is authorized and directc
to make, or require Developer to make, all corrections and modifications to tl
Conditional Use Permit documents, as necessary, to make them internally consiste
PC RES0 NO. 4049 -2-
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and in conformity with final action on the project. Development shall occ
substantially as shown in the approved Exhibits. Any proposed developmc
substantially different from this approval, shall require an amendment to tl
approval.
2. Condition No. 5 of Planning Commission No. 3355 is amended to read: This Condi
Use Permit is extended for a period of five (5) years, from February 18, 191
February 17, 2002. This Conditional Use Permit shall be reviewed by the Pla
Director on a yearly basis to determine if all conditions of this permit have been m
that the use does not have a substantial negative effect on surrounding properties
public health and welfare. If the Planning Director determines that the use ha5
substantial negative effects, the Planning Director shall recommend that the Plz
Commission, after providing the permittee the opportunity to be heard, add add:
conditions to reduce or eliminate the substantial negative effects. This permit IT
revoked at any time after a public hearing, if it is found that the use has a subsi
detrimental effect on surrounding land uses and the public's health and welfare, (
conditions imposed herein have not been met. This permit may be extended
reasonable period of time not to exceed five (5) years upon written application I
permittee made no less than 90 days prior to the expiration date. The Pla
Commission may not grant such extension, unless it finds that there are no subsi
negative effects on surrounding land uses or the public's health and welfare.
substantial negative effect on surrounding land uses or the public's health and well
found, the extension shall be denied or granted with conditions which will elimin
substantially reduce such effects. There is no limit to the number of extensior
Planning Commission may grant.
3. Within six (6) months of the date of this approval, the applicant shall replac
existing wooden fence along the northern property line with a six-foot high, I
link fence with privacy slats to the satisfaction of the Planning Director.
4. All other conditions contained in Planning Commission Resolutions No. 27(
and 3355, except as modified herein, remain in full force and effect.
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PC RES0 NO. 4049 -3-
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a rl)
PASSED, APPROVED AND ADOPTED at a regular meeting of the Pla
Commission of the City of Carlsbad, California, held on the 19th day of February 1997 1
following vote, to wit:
AYES: Commissioners Compas, Heineman, Monroy, Noble, Savq
Welshons
NOES: None
ABSENT: Chairperson Nielsen
ABSTAIN: None
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CARLSBAD #LAWING COMMISSION
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f3AILEY NOBLS, Vice Chairperson
ATTEST:
v MICHAEL J. HOLZ~LLER
Planning Director
PC RES0 NO. 4049 -4-