HomeMy WebLinkAbout1993-12-01; Planning Commission; Resolution 35680 0
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PLANNING COMMISSION RESOLUTION NO. 3568
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A FIVE-
YEAR EXTENSION FOR CONDITIONAL USE PERMIT NO.
272 FOR A CHURCH ON PROPERTY GENERALLY LOCATED
ON THE WEST SIDE OF PALMER WAY BETWEEN FARADAY
AVENUE AND EL CAMINO REAL.
CASE NAME: CHURCH OF NEW HOPE
CASE NO: CUP 272x1
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8 and referred to the Planning Commission; and
WHEREAS, a verified application has been filed with the City of Carlsbad
9 WHEREAS, said verified application constitutes a request as provided bj
lo // Title 21 of the Carlsbad Municipal Code; and
I.1 II WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
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13 /j Commission did, on the 1st day of December, 1993, hold a duly noticed public hearing
14 /I to consider said application on property described as:
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Parcel "B" of Parcel Map No. 1703, Lot 3 Rancho Agua
Hedionda
WHEREAS, at said public hearing, upon hearing and considering all
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considered all factors relating to CUP 272x1. 19
testimony and arguments, if any, of all persons desiring to be heard, said Commission
20 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission
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of the City of Carlsbad as follows:
"" // A) That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Commission
APPROVES CUP 272x1, based on the following findings and subject to the
following conditions:
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Findin@:
1. 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 or to uses specifically permitted in the
zone in which the proposed use is located because all staff concerns regarding the
use have been adequately addressed in the attached conditions of approval.
2. The site for the intended use is adequate in size and shape to accommodate the
use. The tenant occupies the site as it was originally designed and plans no
expansion or changes.
3. All of 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. No yards, fences, etc., were
required to be adjusted for the use. The only adjustment (a restriction on the
number of people allowed in the facility during daytime hours) has been made a
condition of approval for the project.
4. The street system serving the proposed use is adequate to properly handle all
traffic generated by the proposed use because the current street system meets City
requirements to serve the project.
Conditions:
1. All of the conditions contained in City Council Resolution No. 8088, CUP 272, are
included herein by reference with the exception of Condition No. 7, which is
replaced by Condition No. 2 below.
2. This conditional use permit is granted for a period of five (5) years. 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 significant detrimental impact on surrounding properties or the public
health and welfare. If the Planning Director determines that the use has such
significant adverse impacts, the Planning Director shall recommend that the
Planning Commission, after providing the permittee the opportunity to be heard,
add additional conditions to mitigate the significant adverse impacts. This permit
may be revoked at any time after a public hearing, if it is found that the use has
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 permit
may be extended for a reasonable period of time not to exceed five (5) years upon
written application of the permittee made no less than 90 days prior to the
expiration date. In granting such extension, the Planning Commission shall find
that no substantial adverse affect on surrounding land uses or the public’s health
PC RES0 NO. 3568 2
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and welfare will result because of the continuation of the permitted use. If E
substantial adverse affect on surrounding land uses or the public's health and
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 thc
Planning Commission may grant.
a. If the property owner/owners' address changes from that which is shown
on the conditional use permit application, a notice of a change of address
shall be reported, in writing, to the Planning Department within 30 days.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 1st day of December, 1993,
by the following vote, to wit:
AYES: Chairperson: Noble, Commissioners: Schlehuber, Betz,
Welshons, Savary, Erwin & Hall.
NOES: None.
ABSENT: None.
ABSTAIN: None.
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BAILEY NOSE, Chairperson
CARLSBAD PLANNING COMMISSIm
ATTEST:
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~ PLANNING DIRECTOR
PC RES0 NO. 3568
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