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Home My WebLink About1997-07-16; Planning Commission; Resolution 4118b I“ 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 e PLANNING COMMISSION RESOLUTION NO. 4118 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN EXTENSION OF A CONDITIONAL USE PERMIT ALLOWING A CHURCH AND PRESCHOOL FACILITY ON PROPERTY GENERALLY LOCATED AT 2020 CHESTNUT AVENUE IN LOCAL FACILITIES MANAGEMENT ZONE 1 CASE NAME: PILGRIM UNITED CHURCH OF CHRIST CASE NO.: CUP 85(A)x2 WHEREAS, Pilgrim United Church of Christ , “Developer”, has filed a vt application with the City of Carlsbad regarding property owned by Pilgrim United Chul Christ, “Owner”, described as Map 1681 Thum Lands, Portion of Tracts 254 and 255 (“the Property”); and WHEREAS, said verified application constitutes a request for a Conditiona Permit Extension as shown on Exhibit “A” dated July 2, 1997, on file in the Carlsbad Pla Department (CUP 85(A)x2), as provided by the conditions of approval of CUP 85(A)x Chapter 21.42 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 2nd day of July 1997, a 16th day of July 1997, hold a duly noticed public hearing as prescribed by law to conside 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 85(A)x2; and WHEREAS, on February 5, 1992, the Planning Commission approved 85(A)x1, as described and conditioned in Planning Commission Resolution No. 3336. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Pla Commission of the City of Carlsbad as follows: 0 e I 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 A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Plx Commission APPROVES Conditional Use Permit Extension CUP 85(. based on the following findings and subject to the following conditions: Findines: 1. All Findings of Planning Commission Resolutions No. 1640 and 3336 apply tc conditional use permit and are incorporated herein by reference. 2. That the requested use is necessary or desirable for the development of the communi essentially in harmony with the various elements and objectives of the General Plm is not detrimental to existing uses or to uses specifically permitted in the zone in \ the proposed use is to be located in that churches and preschools are desirable uses i community and are permitted in single family residential zones as conditional uses designed to avoid negative impacts to surrounding properties. 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 Q provided and maintained, in that the church use will reduce the noise resulting the use of their preschool facility by constructing a solid 8’ high wooden behind the facility to replace the existing chain link fence located along the pro line (see Exhibit “Y”). The addition of the wall will ensure compatibility ol special use and adjust the use to the residential neighborhood. Conditions: 1. This approval is subject to all conditions of Planning Commission Resolutions 164( 3336 except that Condition No. 1 of Resolution No. 3336 is superseded by Conditio] 2 of this resolution. 2. This Conditional Use Permit, as amended herein, is granted for a period of five through February 5, 2002. This Conditional Use Permit shall be reviewed b Planning Director on a yearly basis to determine if all conditions of this permit have met and that the use does not have a substantial negative effect on surrounding prop or the public health and welfare. If the Planning Director determines that the us such substantial negative effects, the Planning Director shall recommend tha Planning Commission, after providing the permittee the opportunity to be heard additional conditions to reduce or eliminate the substantial negative effects. This p may be revoked at any time after a public hearing, if it is found that the use 1 substantial detrimental effect on surrounding land uses and the public’s health welfare, or the conditions imposed herein have not been met. This permit mi extended for a reasonable period of time not to exceed five years upon w application of the permittee made no less than 90 days prior to the expiration date. Planning Commission may not grant such extension, unless it finds that there a PC RES0 NO. 41 18 -2- 0 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 28 substantial negative effects on surrounding land uses or the public’s health and wc If a substantial negative effect on surrounding land uses or the public’s health and w is found, the extension shall be denied or granted with conditions which will elimir substantially reduce such effects. There is no limit to the number of extensio~ Planning Commission may grant. 3. Within 90 days of approval of the conditional use permit extension, the Pi United Church of Christ shall construct an approximately 8’ high solid wc fence (the same height as the adjacent wooden fences), to replace the existing c link fence located along the rear property line separating the preschool facility property located at 2027 Charleen Circle, as shown on Exhibit “Y” incorpo herein by reference. The Pilgrim Church shall also remove two existing ever trees located along its eastern property line adjacent to the chain-link fen enable construction of the wooden fence. 4. All outdoor lighting shall be designed so that light spillage shall not extend bc the Pilgrim Church property lines, and shall be located to the satisfaction c Planning Director. Lights located along the eastern elevation of the ChilL Center shall be moved or shaded to the extent that no light spillage occurs bc the fence separating the properties. 5. The Children Center’s bell shall be relocated to the western side of the struc and its use shall be limited to announcing recesses and lunch breaks. The noise of the bell shall be reduced to the greatest extent possible so that it is audible the Children’s Center but only faintly audible from surrounding properties. 6. Use of the playground areas adjacent to the Pilgrim Church eastern propert: shall be prohibited between the hours of 7:OO p.m. and 6:OO a.m. weekdays anc p.m. and 6:OO a.m. on weekends and holidays. 7. The rear doors of the Children’s Center located along the eastern side o structure shall be closed at all times during the evening hours between 6:OO p.m 6:OO a.m. 8. Smoking shall be prohibited between the Children’s Center building an( Pilgrim Church eastern property line. 9. All maintenance, cleaning, and gardening activities shall be restricted to the 1 of 8:OO a.m. to 9:OO p.m. Monday through Friday and 8:OO a.m. to 6:OO p.1 weekends and holidays. 10. Loud music audible beyond the Pilgrim Church property line shall be prohibit the facility during the evening hours between 9:OO p.m. and 6:OO a.m. ... ~ i ... I PC RES0 NO. 41 18 -3 - 1 e e PASSED, APPROVED AND ADOPTED at a regular meeting of the Plz 2 3 Commission of the City of Carlsbad, California, held on the 16th day of July 1997, 'c following vote, to wit: 4 5 6 7 8 9 AYES: Chairperson Nielsen, Commissioners Compas, Heine Monroy, Noble, Savary and Welshons NOES: None ABSENT: None ABSTAIN: None 10 - //>?F ,f /,e3 "-*\ L I .r ,"' ~~~~~~~~*~~,~~.~~~=~~~~~ 11 /&+ 12 13 ROBERT NIELSEN, Chairperson ;,4- CARLSBAD PLANNING COMMISSION ; d+' 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ATTEST: Planning Director PC RES0 NO. 41 18 -4- P EXH I BIT "Yl' - , I I L