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HomeMy WebLinkAbout2000-11-15; Planning Commission; Resolution 48691 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 PLANNING COMMISSION RESOLUTION NO. 4869 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW THE CONSTRUCTION AND OPERATION OF A 11,620 SQUARE FOOT CHURCHiDAYCARE FACILITY WITHIN AVIARA PLANNING AREA 32B ON PROPERTY GENERALLY LOCATED AT THE SOUTHWEST CORNER OF POINSETTIA LANE AND AMBROSIA LANE IN LOCAL FACILITIES MANAGEMENT ZONE 19. CASE NAME: DAYBREAK COMMUNITY CHURCH CASE NO.: CUE’ 00-06 WHEREAS, Daybreak Community Church, “Developer”/“Owner”, has filed a verified application with the City of Carlsbad regarding property described as Lot 8 of Carlsbad Tract No. CT 92-03, according to Map No. 13434, filed in the Office of the County Recorder on June 23, 1997, in the City of Carlsbad, County of San Diego, State of California (“the Property”); and WHEREAS, said verified application constitutes a request for a Conditional Use Permit as shown on Exhibits “A” - “G” dated November 15, 2000, on file in the Carlsbad Planning Department, DAYBREAK COMMUNITY CHURCH - CUP 00-06, as provided by Chapter 21.42 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 15th day of November 2000, hold a duly noticed public hearing as prescribed by law to consider said request; and 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 the CUP. 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. 1 2 2 4 5 6 7 E s 1c 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 W That based on the evidence presented at the public hearing, the Commission APPROVES DAYBREAK COMMUNITY CHURCH - CUP 00-06, based on the following findings and subject to the following conditions: Findings: 1. 2. 3. 4. 5. That 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 specifically permitted in the zone in which the proposed use is located, in that the proposal provides worship and daycare services in an area of the City lacking these facilities; the project will provide safe parking areas and emergency access without encroaching into existing open space That the site for the intended use is adequate in size and shape to accommodate the use, in that the proposed building and the required parking and landscaping can fit within the boundaries of the developable area of the property, without need to encroach into required setbacks or approved open space. That all 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 that the project is completely surrounded by landscaping and is placed within the buildable portion of the lot. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the proposal would generate a total of 165 additional average daily trips, which can be supported by Ambrosia Lane (a collector street) and Poinsettia Lane (a major arterial roadway). That it is to be developed as part of a master-planned recreation area, industrial park, regional or community shopping center, in that the Aviara Master Plan limits the land uses within Planning Area 32B to church and daycare uses. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to grading or building permit, whichever occurs first. 1. If any of the following conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City’s approval of this Conditional Use Permit. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Conditional Use Permit documents, as necessary to make them PC RESO NO. 4869 -2. 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 3. 4. 5. 6. 7. 8. internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. The Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 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 66020. 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. The Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney’s fees incurred by the City arising, directly or indirectly, from (a) City’s approval and issuance of this Conditional Use Permit, (b) City’s approval or issuance of any permit or action, whether discretionary or non- discretionary, in connection with the use contemplated herein, and (c) Developer/Operator’s installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. 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 substantial negative effect on surrounding properties or the public health and welfare. If the Planning Director determines that the use has such substantial negative effects, the Planning Director shall recommend that the Planning Commission, after providing the permittee the opportunity to be heard, add additional conditions to reduce or eliminate the substantial negative effects. This Conditional Use Permit is granted for a period of ten (10) years. This permit may be revoked at any time after a public hearing, if it is found that the use has a substantial detrimental effect 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 ten (10) years upon written application of the permittee made no less than 90 days prior to the expiration date. The Planning Commission may not grant such extension, unless it finds that there are no substantial negative effects on surrounding land uses or the public’s health and welfare. If a substantial negative effect on surrounding land uses or the public’s health and welfare is found, the extension shall be denied or granted with conditions which will eliminate or substantially reduce such effects. There is no limit to the number of extensions the Planning Commission may grant. This approval is granted subject to the approval of SDP 00-06 and CDP 00-09 and is subject to all conditions contained in Planning Commission Resolutions No. 4868 and 4870 for those other approvals. PC PESO NO. 4869 -3 NOTICE Please take NOTICE that approval of your project includes the “imposition” of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as “fees/exactions.” You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and tile the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. 9 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, 10 zoning, grading or other similar application processing or service fees in connection with this 11 project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise 12 expired. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning 13 14 15 Commission of the City of Carlsbad, California, held on the 15th day of November 2000 by the following vote, to wit: 16 AYES: NOES: Chairperson Compas, Commissioners Baker, Heineman, L’Heureux, Nielsen, Segall, and Trigas ABSENT: 20 II ABSTAIN: I 21 22 WILLIAM COMPAS, Chairp&on 23 CARLSBAD PLANNING COMMISSION 24 II ATTEST: I 25 26 27 Planning Director 28 PC RESO NO. 4869 -4.