HomeMy WebLinkAbout2007-10-03; Planning Commission; Resolution 63421 PLANNING COMMISSION RESOLUTION NO. 6342
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A
RETROACTIVE EXTENSION AND APPROVAL IN
4 PERPETUITY OF A CONDITIONAL USE PERMIT TO ALLOW
5 THE CONTINUED OPERATION OF A CHURCH AND A
DAYCARE/PRESCHOOL LOCATED AT 3780 PIO PICO
6 DRIVE IN THE MELLO II SEGMENT OF THE LOCAL
COASTAL PROGRAM (LCP) AND IN LOCAL FACILITIES
7 MANAGEMENT ZONE 1.
CASE NAME: FIRST BAPTIST CHURCH OF CARLSBAD
8 CASE NO.: CUP 87-12x4
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WHEREAS, First Baptist Church of Carlsbad, "Developer/Owner," has filed a
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verified application with the City of Carlsbad regarding property described as
12 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
13 office of the County Recorder of San Diego County
14 ("the Property"); and
WHEREAS, said verified application constitutes a request for a Conditional Use
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Permit Extension (CUP 87-12x4; "CUP Extension") as shown on Exhibit "A" dated December
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21, 1987, on file in the Planning Department (CUP 87-12), as provided by the conditions of18
19 approval of CUP 87-12 and Chapter 21.42 and/or 21.50 of the Carlsbad Municipal Code; and
20 WHEREAS, the Planning Commission did, on the 3rd day of October, 2007,
21 hold a duly noticed public hearing as prescribed by law to consider said request; and
22 WHEREAS, at said public hearing, upon hearing and considering all testimony
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and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
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relating to the CUP Extension; and
25 WHEREAS, on March 12, 1957, the Planning Commission approved a CUP as
27 described and conditioned in Planning Commission Resolution No. 7; and
28 WHEREAS, on August 9, 1966, the Planning Commission approved CUP 24 as
described and conditioned in Planning Commission Resolution No. 453; and
1 WHEREAS, on January 20, 1988, the Planning Commission approved CUP 87-
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12 as described and conditioned in Planning Commission Resolution No. 2709; and
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WHEREAS, on February 19, 1992, the Planning Commission approved CUP4
c 87-12x1 as described and conditioned in Planning Commission Resolution No. 3355; and
6 WHEREAS, on February 19, 1997, the Planning Commission approved CUP
' 87-12x2 as described and conditioned in Planning Commission Resolution No. 4049; and
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WHEREAS, on August 21, 2002, the Planning Commission approved CUP 87-
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12x3 as described and conditioned in Planning Commission Resolution No. 5269.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
12 Commission of the City of Carlsbad as follows:
13 A) That the foregoing recitations are true and correct.
14 B) That based on the evidence presented at the public hearing, the Planning
15 Commission APPROVES - FIRST BAPTISE CHURCH OF CARLSBAD -
CUP 87-12x4 in perpetuity to be effective retroactively from February 17, 2007
16 based on the following findings and subject to the following conditions:
17 Findings:
18 1. The adopted findings for CUP 87-12x3 which are contained in Planning Commission
19 Resolution No. 5269 apply to this extension and are incorporated by this reference.
20 Conditions;
21 1. If any of the following conditions fail to occur, or if they are, by their terms, to be
22 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
23 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
24 issued under the authority of approvals herein granted; record a notice of violation on the
.., property title; institute and prosecute litigation to compel their compliance with said
conditions or seek damages for their violation. No vested rights are gained by Developer
26 or a successor in interest by the City's approval of this Conditional Use Permit.
27 2. All conditions of approval imposed upon Conditional Use Permit CUP 87-12x3 as stated
in Planning Commission Resolution No. 5269 shall apply as conditions of approval for
CUP 87-12x4 and are incorporated by this reference except Condition No. 4 which is
replaced by Condition No. 4 below.
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3. CUP 87-12x4 shall be reviewed by the Planning Director annually to determine if all
2 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, safety and general welfare.
3 If the Planning Director determines that: 1) the Conditional Use Permit was obtained by
fraud or misrepresentation; or 2) the use for which such approval was granted is not being
exercised; or 3) the Conditional Use Permit is being or recently has been exercised
c contrary to any of the terms or conditions of approval or the conditions of approval have
not been met; or 4) the use for which such approval was granted has ceased to exist or has
6 been suspended for one year or more; or 5) the use is in violation of any statute,
ordinance, law or regulation; or 6) the use permitted by the Conditional Use Permit is
being or has been so exercised as to be detrimental to the public health, safety or welfare
or so as to constitute a nuisance, the Planning Director shall recommend that the Planning
Commission hold a public hearing and after providing the permittee the opportunity to be
9 heard, the Planning Commission may revoke and terminate the Conditional Use Permit in
whole or in part, reaffirm the Conditional Use Permit, modify the conditions or impose
10 new conditions.
1 4. This Conditional Use Permit is granted retroactively from February 17, 2007 and is
approved in perpetuity. 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
13 the public's health and welfare, or the conditions imposed herein have not been met.
Engineering:
Developer/Owner shall comply with the City's Storm water Regulations and shall
implement best management practices at all times. Best management practices include
but not limited to pollution treatment practices or devices, general housekeeping
17 practices, pollution prevention and educational practices, maintenance procedures, and
other management practices or devices to prevent or reduce the discharge of pollutants to
stormwater, receiving water or stormwater conveyance system to the maximum extent
practicable.
20 Developer/Owner shall develop an employee education and training program for
developing proper measures to reduce waste discharge. As a part of these measures,
21 Developer/Owner shall train employees to:
22 A. Pick-up and dispose of on-site trash daily.
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B. Sweep all dirt and debris rather than wash from walkways and driveways. Swept
24 dirt and debris shall be disposed of in the trash. If any washing is to occur, then
direct washing of walkways or driveways to lawn areas to minimize runoff into
the City streets and storm drains.
26 C. Establish programs or work with established disposal programs to remove and
27 properly dispose of toxic and hazardous waste products.
2° D. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil,
antifreeze, solvents, paints, paint thinners, wood preservatives, and other such
PC RESO NO. 6342 -3-
fluids shall not be discharged into any street, public or private, or into storm drain
2 or storm water conveyance systems. Use and disposal of pesticides, fungicides,
herbicides, insecticides, fertilizers and other such chemical treatments shall meet
3 Federal, State, County and City requirements including but not limited to the
requirements prescribed in their respective containers.4
5 NOTICE
6 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."
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You have 90 days from date of final approval to protest imposition of these fees/exactions. If
9 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.
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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,
zoning, grading, or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a
15 NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
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PC RESO NO. 6342 -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 3rd day of October 2007 by the
following vote, to wit:
AYES: Commissioners Boddy, Cardosa, Douglas, Montgomery, and
Whitton
NOES: Chairperson Baker and Commissioner Dominguez
ABSENT:
ABSTAIN:
JULIE
CARL
ATTEST:
Ou.
, Chairperson
LANNING COMMISSION
DON NEU
Planning Director
PC RESO NO. 6342 -5-