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HomeMy WebLinkAbout1992-02-19; Planning Commission; Resolution 33559 0 e PLANNING COMMISSION RESOLUTION NO. 3355 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 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN EXTENSION TO A CONDITIONAL, USE PERMIT TO CONTINUE TO ALLOW OPERATION OF THE CHURCH, OCCUPATION OF A MODULAR BUILDING AND OPERATION OF A DAYCARE/PRESCHOOL WITHIN CHURCH FACILITIES ON PROPERTY GENERALLY LOCATED AT 3780 PI0 PIC0 DRIVE. CASE NAME: FIRST BAPTIST CHURCH CASE NO: CUP 87-12x1 WHEREAS, a verified application has been filed with the City of Carlsbad and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did, on the 19th day of February, 1992, hold a duly noticed public hearing to consider said application on property described as: Lots 5 and 10, Block 236, Thum Lands, Map 1681 in the City of Carlsbad, County of San Diego, State of California. 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 CUP 87-12x1. 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 Commission APPROVES CUP 87-12x1, based on the following findings and subject to the following conditions: ... ... a \I 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 FindirlES: 1. That the church, preschool, and daycare center are necessary or desirable for th development of the community, are essentially in harmony with the variou elements and objectives of the general plan, and are not detrimental to existin uses or to uses specifically permitted in the zone in which the uses are currentl located; 2. That the site for the church, preschool, and daycare center is adequate in size an' shape to accommodate the uses; 3. That all of the yards, setbacks, walls, fences, landscaping, and other feature necessary to adjust the church, preschool, and daycare center to existing c permitted future uses in the neighborhood have been provided and maintained; 4. That the street system serving the church, preschool, and daycare center j adequate to properly handle all traffic generated by the uses. Conditions: 1. Approval is granted for CUP 87-12x1, as shown on Exhibit "A", dated Decembc 21, 1987, incorporated by reference and on file in the Planning Departmen Development shall remain as shown unless otherwise noted in these conditions 2. Approval of this request shall not excuse compliance with all sections of th Zoning Ordinance and all other applicable City ordinances in effect at time c building permit issuance. 3. CUP 87-12x1 is granted subject to all conditions of CUP 87-12, Plannin Commission Resolution No. 2709, dated January 20,1988 incorporated herein E reference and on file in the Planning Department, except condition no. 12 replaced by condition no. 5 below. 4. CUP 88-5, Planning Commission Resolution No. 2751 is superseded by CUP 81 12x1, Planning Commission Resolution No. 3355. CUP 88-5 is void and a applicable conditions of approval have been incorporated into CUP 87-12x1. 5. This conditional use permit is extended for a period of six years and one moni from the date of expiration, or from January 20,1991 to February 19,1997. Th conditional use permit shall be reviewed by the Planning Director on a yearly bas to determine if all conditions of this permit have been met and that the use doc not have a significant detrimental impact on surrounding properties or the pub1 health and welfare. If the Planning Director determines that the use has su( significant adverse impacts, the Planning Director shall recommend that tl Planning Commission, after providing the permittee the opportunity to be hearl add additional conditions to mitigate the significant adverse impacts. This perm: PC RES0 NO. 3355 -2- .c %. ’ I! e e 1 2 3 4 5 6 7 may be revoked at any time after a public hearing, if it is found that the use ha a significant detrimental affect on surrounding land uses and the public’s health and welfare, or the conditions imposed herein have not been met. This permi may be extended for a reasonable period of time not to exceed five (5) years up01 written application of the permittee made no less than 90 days prior to thl expiration date. In granting such extension, the Planning Commission shall finc that no substantial adverse affect on surrounding land uses or the public’s healtl and welfare will result because of the continuation of the permitted use. If substantial adverse affect on surrounding land uses or the public’s health an welfare is found, the extension shall be considered as an original application fo a conditional use permit. There is no limit to the number of extensions th Planning Commission may grant. 8 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Pldn Commission of the City of Carlsbad, California, held on the 19th day of February, 199; by the following vote, to wit: 9 10 11 12 13 14 15 16 I AYES: Chairman Erwin, Commissioners: Schlehuber, Schram Holmes, Savary, Noble & Hall. NOES: None. ABSENT: None. ABSTAIN: None. 17 18 l9 ATTEST: 2o I k>“- c I .- - TOM ERWIN, Chairperson CARLSBAD PLANNING COMMISSION ! 23 11 PLANNING DIRECTOR 24 25 26 /I 27 I/ 28 11 PC RES0 NO. 3355 -3- ll