HomeMy WebLinkAbout2002-08-21; Planning Commission; Resolution 52691
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PLANNING COMMISSION RESOLUTION NO. 5269
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
RETROACTIVE FIVE YEAR EXTENSION OF A
CONDITIONAL USE PERMIT TO ALLOW THE CONTINUED
OPERATION OF A CHURCH, OCCUPATION OF A MODULAR
BUILDING AND OPERATION OF A DAYCARElPRESCHOOL
WITHIN CHURCH FACILITIES ON PROPERTY GENERALLY
LOCATED AT 3780 PI0 PIC0 DRIVE IN LOCAL FACILITIES
MANAGEMENT ZONE 1.
CASE NAME: FIRST BAPTIST CHURCH
CASE NO. : CUP 87-12x3
WHEREAS, First Baptist Church, “Developer/Owner,” has filed a verified
application with the City of Carlsbad regarding property described as
Lots 5 and 10, Block 236, Thum Land, 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 Conditional Use
Permit Extension as shown on Exhibit t’Att dated December 21, 1987, on file in the Carlsbad
Planning Department (CUP 87-12), as provided by the conditions of approval of CUP 87-12 and
Chapter 21.42 and/or 21 SO of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 21st day of August 2002, 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 Extension.
WHEREAS, on January 20,1988, the Planning Commission approved CUP 87-
12 as described and conditioned in Planning Commission Resolution No. 2709.
WHEREAS, on February 19, 1992, the Planning Commission approved CUP
87-12x1 as described and conditioned in Planning Commission Resolution No. 3355.
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87-
WHEREAS, on February 19, 1997, the Planning Commission approved CUP
12x2 as described and conditioned in Planning Commission Resolution No. 4049.
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 Planning
Commission APPROVES FIRST BAPTIST CHURCH - CUP 87-12x3, to be
effective retroactively from February 18,2002 to February 17,2007, based on
the following findings and subject to the following conditions:
Findings:
1. The adopted findings for CUP 87-12x2 which are contained in Planning Commission
Resolution No. 4049 apply to this extension and are incorporated by this reference
herein.
2. That the Planning Director has determined that the project belongs to a class of projects
that the State Secretary for Resources has found do not have a significant impact on the
environment, and it is therefore categorically exempt from the requirement for the
preparation of environmental documents pursuant to Section 15301, Existing Facilities
of the state CEQA Guidelines. In making this determination, the Planning Director has
found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not
apply to this project
Conditions:
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 extension.
2. All conditions of approval imposed upon Conditional Use Permit CUP 87-12x2 as stated
in Planning Commission Resolution No. 4049 shall apply as conditions of approval for
CUP 87-12x3 and are incorporated herein by this reference herein, except and except
Conditions No. 3 and 4 which have been previously satisfied and Condition No. 2 which
is replaced by Condition No. 4 below.
3. 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
PC RES0 NO. 5269 -2-
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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.
4. This Conditional Use Permit is granted for a period of 5 years from February 18,2002
through February 17, 2007. 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 5 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.
EngineerinP:
Improvements
5. Developer shall comply with the City's requirements of the National Pollutant Discharge
Elimination System (NPDES) permit, latest version. Developer shall provide
improvements constructed pursuant to best management practices as referenced in the
"Califomia Storm Water Best Management Practices Handbook" to reduce surface
pollutants to an acceptable level prior to discharge from the site. Plans for such
improvements shall be submitted to and subject to the approval of the City Engineer.
Said plans shall include, but not be limited to notifLing prospective owners and tenants of
the following:
A. All owners and tenants shall coordinate efforts to establish or work with
established disposal programs to remove and properly dispose of toxic and
hazardous waste products.
B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil,
antifkeeze, solvents, paints, paint thinners, wood preservatives, and other such
fluids shall not be discharged into any street, public or private, or into storm drain
or storm water conveyance systems. Use and disposal of pesticides, fimgicides,
herbicides, insecticides, fertilizers and other such chemical treatments shall meet
Federal, State, County and City requirements as prescribed in their respective
containers.
C. Best Management Practices shall be used to eliminate or reduce surface pollutants
when planning any changes to the landscaping and surface improvements.
6. Within 6 months of the date of the extension of this Conditional Use Permit,
Developer shall submit to and receive approval from the City of Carlsbad
PC RES0 NO. 5269 -3-
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Engineering Department of a Storm Water Management Plan (SWMP). Pursuant
to Order No. 2001-01 issued by the California Regional Water Quality Control
Board (CRWQCB), this project qualifies as a “priority project” and is required to
capture and reduce pollutants to a level of insignificance. The SWPPP shall address
the anticipated pollutants of concern associated with the project and shall suggest
the type(s) of post-construction (structural and non-structural) Best Management
Practices (BMPs) required to capture and filter said anticipated pollutants of
concern.
7. Within 12 months of the date of the extension of this Conditional Use Permit,
Developer shall have constructed the necessary BMP measures necessary to capture
and filter the anticipated pollutants of concern associated with the Project in
accordance with the City-approved SWMP and the latest NPDES permit
requirements.
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 feedexactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file 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.
You are hereby FURTHER NOTIFIED that your right to protest the specified feedexactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any feedexactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
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PC RES0 NO. 5269 -4-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 21st day of August 2002, by the
following vote, to wit:
AYES: Commissioners Baker, Dominguez, Heineman, Trigas, White, and
Whitton
NOES: None
ABSENT: Commissioner Segall
ABSTAIN: None
SEENA TRIGAS, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
- MICHAEL J. HOLZMILYER
Planning Director
PC RES0 NO. 5269 -5-