1995-26
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RESOLUTION NO. PC 95-26
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ENCINIT AS APPROVING
A MAJOR USE PERMIT MODIFICATION
AND COASTAL DEVELOPMENT PERMIT
TO EXTEND BY FIVE YEARS THE PERIOD DAY CARE
CLASSROOM TRAILERS ARE ALLOWED TO REMAIN
IN OPERATION ON THE SITE OF AN EXISTING CHURCH COMPLEX
LOCATED AT 925 BALOUR DRIVE
(CASE NO. 95-223 MUP MOD/CDP; APN: 259-180-17)
WHEREAS, Bethlehem Lutheran Chmch applied for a Major Use Pennit Modification and
Coastal Development Pennit pursuant to Chapters 30.74 and 30.80 of the Municipal Code to pennit
extension of the period established by prior Planning Commission Resolution 89-26 within which
temporary day care/classroom trailers are allowed to remain on site and in operation for the
property located at 925 Balour Drive, legally described as:
The southerly 370.24 feet measured along the Westerly line of the Westerly 385.40 feet
measured along the Southerly line of the Southwest Quarter of the Northeast Quarter of the
Southwest Quarter of Section 14, Township 13 South, Range 4 West, San Bernardino
Meridian, in the COWlty of San Diego, State of California, according to the United States
Government Survey, approved April 19, 1881; and
WHEREAS, a public hearing was conducted on September 21, 1995 by the Old Encinitas
Community Advisory Board as required by law, and all persons desiring, to be heard were heard,
and the Board forwarded the application with a recommendation that the Planning Commission
approve the project;
WHEREAS, the Planning Commission conducted a Public Hearing on the application on
October 12, 1995 as required by law, and all persons desiring to be heard were heard; and
WHEREAS, evidence was submitted and considered to include without limitation:
1. The Old Encinitas Community Advisory Board's recommendation;
2. The Agenda Reports for the September 21, 1995, Old Encinitas CAB meeting and
for the Planning Commission meeting of October 12, 1995;
3. The adopted General Plan, Zoning Code, Local Coastal Program and associated
Land Use Maps; r-
4. Oral. Evidence received at the Public Hearing;
CD/tcI95223MUP.doc (10-2-95)
5. Written evidence submitted with the application and received at the Public Hearing;
and
WHEREAS, the Planning Commission made the required findings pursuant to Chapters
30.74 (Use Pennits) and 30.80 (Coastal Development Pennit) of the Municipal Code, as follows: .
(See Exhibit" I ")
NOW THEREFORE, BE IT RESOLVED that the ~pplication for a Major Use Pennit
Modification and Coastal Development Pennit (Case No.' 95-223 MUPMOD/CDP) is hereby
approved subject to the following conditions:
I. SPEÇIFIC CONDITIONS:
A. Specific Conditions I (2 and 3) of Planning..Commissión Resolution PC 89-26 are
hereby amended to allow the subject day carel preschool trailers to remain on site
and in operation a maximwn additional five years, expiring on September "I, 2000,
or upon final occupancy of permanent day carelpre-school classrooms associated
with Phase 2 of the Chmch's approved Master Plan, whichever comes first. All
other conditions set forth in Planning Commission Resolution PC 89-26 shall
remain in full force and effect.
B. This approval may be appealed to the City Council within 15 calendar days ftom the
date of this approval. pursuant to Chapter 1.12 of the Municipal Code.
C. At all times during the effective period of this permit, the business owner s~l
obtain and maintain in valid force and effect, each and every license and permit
required by a governmental ~ency for the operation of the authorized activity.
D. In the event that any of the conditions of this pennit are not satisfied, the
Community Development Department shall cause a noticed hearing to be set before
the authorized agency to detennine why the City of Encinitas s~ould not revoke this
permit.
BE IT FURTHER RESOLVED that the Planning Commission in its independent judgment
finds that this project is exempt from environmental review pursuant to Section 15301(e) of the
California Environmental Quality Act (CEQA) Guidelines.
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CD1tcl95223MUP.doc (10-2-95)
PASSED AND ADOPTED this 12th day of October 1995, by the following vote, to wit:
AYES: CommIssIoners Bagg, Jacobson, Lanham, Patton, Wells
NAYS: None
ABSENT: None
ABSTAIN: None
AITEST:
~{ ~..-t.
~ -
Sandra L. Holder
Planning Commission Secretary
CD/tcI9S223MUP.doc (10-2-95)
EXHIBIT" 1 "
RESOLUTION NO. PC-95-26
Findings Pursuant to
Chapter 30.74.070 (Use Permits)
of the Encinitas Municipal Code:
I. The location, size, design and operating characteristics of the proposed project will be
èompatible with and will not adversely affect and will not be detrimental to adjacent uses,
residences, buildings, structures or natmaI resources, with consideration given to, but not limited to:
a. The adequacy of public facilities, services and utilities to serve the proposed project;
b. The suitability of the site for the type and intensity of use or development which is
proposed; and
c. The harmful effect, if any, upon environmental quality and natmaI resources of the
City.
EG:The application involves only a request to extend by five years the period of time
during which the existing day care/pre-school trailers are allowed to remain on site and in
operation. Those trailers were permitted pursuant to prior Major Use Permit Modification
89-104 MUPMOD and Resolution PC 89-26, which allowed for the trailers to operate on
the property until September 7, 1995 or final occupancy of pennanent classroom facilities
associated with Phase 2 of the ChW'Ch Master Plan, approved by the City as Case # 88-020
MUP/DR/EIA.. The pennanent facilities have not been constructed at this Þme. ~o
physical changes to buildings or the site are proposed with this application.
Discussion: The application proposes no changes relative to the intensity of use for the
project site; the classrooms will remain in operation with a maximum enrollment of 40
children as previously approved under Resohition PC 89-26. Staff have received no
complaints regarding the operation of the classroom trailers.
All required pubric facilities and utilities are available to the site in conjunction with the
existing development on the property and the development is categorically exempt from
environmental review.
Conclusion: The Planning Commission finds that the project will be compatible with and
will not adversely affect the site and surrounding areas, and that adequate public facilities,
services and utilities are available to the site to provide for the type of use proposed, that the
intensity of the use is found to be compatible with the site and adjacent property, and that
no evidence has been received during the planning review process to indicate that the
project would have a significant adverse impact upon neighboring property nor the
environmœtal quality or natmaI resources of the City.
CD/tcI95223MUP.doc (10-2-95)
2. The impacts of the proposed project will not adversely affect the policies of the Encinitas
General Plan or the provisions of the Municipal Code; and
3. The project complies with all other regulations, conditions or policies imposed by the
Municipal Code.
Ea.œ: Church facilities are permitted within the R-3 Zoning Dis1rict with the approval of a
Major Use Pennit or Modification pursuant to Chapter 30.09 of the Municipal Code. The
church was established on the subject property in 1962 under County Major Use Pennit
P62-212. A significant expansion of the church complex, including the main sanctuary,
was approved by the City in 1988 (Case # 88-020 MUP/DR/EIA). Subsequently, the
church applied for and received approval of a use pennit modification (Case # 89-104
MUPMOD) to enable two trailers to be placed in the northwesterly portion of the property
to be used for day care/pre-school classrooms, the subject of this application. This use
permit modification satisfies the development standards applicable to the R3 zone set forth
in Section 30.16.010 of the Municipal Code.
Conclusion: The Planning Commission finds that the Major Use Permit Modification will
not adversely affect the policies of the Encinitas General Plan or the provisions of the
Municipal Code; and that the Use Pennit approval complies with all other regulations,
conditions or policies imposed by the Municipal Code.
CD1tc195223MUP.doc (10-2-95)
'6
Findings Punuant to
Chapter 30.80 (Coastal Development Permit)
of the Encinitas Municipal Code:
1. The project is consistent with the certified Local Coastal Program of the City of Encinitas;
and
2. The proposed development conforms with Public Resources Code 21000 and folloWing in
that there are no feasible mitigation measures or feasible alternatives available which would
substantially lessen any significant adverse impact that the activity may have on the
environment.
fads: Church facilities are permitted within the R-3 Zoning District with the approval of a
Major Use Permit or Modification pursuant to Chapter 30.09 of the Municipal Code. The
church was established on the subject property 'in 1962 under County Major Use Permit
P()2-212. A significant expansion of the church complex, including the main sanctuary,
was approved by the City in 1988 (Case # 88-020 MUPIDRlEIA). Subsequently, the
church applied for and received approval of a use permit modification (Case # 89-104
MUPMOD) to enable two trailers to be placed in the northwesterly portion of the property
to be used for day care/pre-school classrooms, the subject of this application. This use
permit modification satisfies the development standards applicable to the R3 zone set forth
in Section 30.16.010 of the Municipal Code.
Discussion: With approval of the Major Use Permit Modification to allow for the extensiôn
in the period of time the existing day care/pre-school trailers are allowed to remain on the
property as requested, the project is in full compliance ~th all of the other development
standards contained in the Municipal Code and is fully consistent with the General Plan, and
Local Coastal plan. There are no potentially significant adverse impacts associated with
this project and thus finding #2 is not applicable.
Conclusion: The Commission finds that the project is consistent with the certified Lociù
Coastal Program of the City ofEncinitas and that required finding #2 is not applicable since
no significant adverse impact is associated with the project.
CDItcI9S223MUP.doc (10-2-95)