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HomeMy WebLinkAbout1997-04-02; Planning Commission; Resolution 4079- 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 e e PLANNING COMMISSION RESOLUTION NO. 4079 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN EXTENSION OF A CONDITIONAL USE PERMIT TO ALLOW THE CONTINUED OPERATION OF A CHURCH ON PROPERTY LOCATED AT 6355 CORTE DEL ABET0 IN THE P-M ZONE AND LOCAL FACILITIES MANAGEMENT ZONE 5. CASENAME: REDEEMER BY THE SEA LUTHERAN CASE NO.: CUP 91-12x1 WHEREAS, Mission West Properties, Inc., “Developer”, has filed a ve application with the City of Carlsbad regarding property owned by Mission West Propt Inc., “Owner”, described as CHURCH Lot 11, Tract #SO-34, in the City of Carlsbad, County of San Diego, Map #lo062 dated April 15,1981 (“the Property”); and WHEREAS, said verified application constitutes a request for a Conditiona Permit Extension as shown on Exhibit “A” dated October 9, 1991, on file in the Car Planning Department (CUP 91-12), as provided by the conditions of approval of CUP 91-12 Chapter 21.42 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 2nd day of April 1997, I: duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testi~ and arguments, if any, of all persons desiring to be heard, said Commission considered all fi relating to CUP 91-12x1. WHEREAS, on the 5th day February 1992, the Planning Commission app: CUP 91-12 as described and conditioned in Planning Commission Resolution No. 3341. ~ ~ - I 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 0 0 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Pla~ 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 Commi APPROVES Conditional Use Permit Extension, CUP 91-12x1, based o following findings and subject to the following conditions: Findings: 1. That the requested use is necessary or desirable for the development of the commun essentially in harmony with the various elements and objectives of the General Plar is not detrimental to existing uses specifically permitted in the zone in whic proposed use is located, in that: 1) church uses are encouraged land uses permitted by conditional use permit in any zone in the city for the convenien residents; and 2) differing peak use hours reduce or avoid potential conflicts surrounding industrial uses. 2. That the site for the intended use is adequate in size and shape to accommodate the c that the church is existing and has been functioning adequately within the cor of the site. 3. That all the yards, setbacks, walls, fences, landscaping, and other features necess; adjust the requested use to existing or permitted fhre uses in the neighborhood v provided and maintained, in that the church does not interfere or adversely impa' surrounding industrial uses. 4. That the street system serving the proposed use is adequate to properly handle all 1 generated by the proposed use, in that existing streets providing access to the cl are operating at acceptable levels and traffic and/or parking conflicts surrounding industrial uses-are avoided due to differing peak use hours. Conditions: 1. The Planning Commission does hereby APPROVE the Conditional Use I Extension for the project entitled Redeemer by the Sea Lutheran Church (Exhibj dated October 9, 1991, on file in the Planning Department and incorporated b reference, subject to the conditions herein set forth). Staff is authorized and direc make, or require Developer to make, all corrections and modifications to the Condi Use Permit documents, as necessary, to make them internally consistent a conformity with final action on the project. Development shall occur substantia shown in the approved Exhibits. Any proposed development substantially differen? this approval, shall require an amendment to this approval. PC RES0 NO. 4079 -2- 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 e 2. Condition No. 1 of Planning Commission No. 3341 is amended to read: Conditional Use Permit is extended for a period of five (5) years, from Februa 1997, to February 5, 2002. This Conditional Use Permit shall be reviewed b Planning Director on a yearly basis to determine if all conditions of this permit have met and that the use does not have a substantial negative effect on surrounding prop or the public health and welfare. If the Planning Director determines that the us such substantial negative effects, the Planning Director shall recommend tha Planning Commission, after providing the permittee the opportunity to be heard additional conditions to reduce or eliminate the substantial negative effects. This I: may be revoked at any time after a public hearing, if it is found that the use I substantial detrimental effect on surrounding land uses and the public's health welfare, or the conditions imposed herein have not been met. This permit ms extended for a reasonable period of time not to exceed five (5) years upon w application of the permittee made no less than 90 days prior to the expiration date. Planning Commission may not grant such extension, unless it finds that there a substantial negative effects on surrounding land uses or the public's health and welfa a substantial negative effect on surrounding land uses or the public's health and welf found, the extension shall be denied or granted with conditions which will eliminz substantially reduce such effects. There is no limit to the number of extension Planning Commission may grant. 3. All other conditions contained in Planning Commission Resolution No. 3341 e: as modified herein, remain in full force and effect. ... ... ... ... ... ... ... ... ... ... ... PC RES0 NO. 4079 -3 - # 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 e * PASSED, APPROVED AND ADOPTED at a regular meeting of the P1a1 Commission of the City of Carlsbad, California, held on the 2nd day of April 1997 ( following vote, to wit: AYES: Chairperson Nielsen, Commissioners Compas, Heinc Monroy, Noble and Savary NOES: None ABSENT: Commissioner Welshons ABSTAIN: None .,+y+---> ,&,/ /" /" ./ ,fl</.4---+* /' /"/< "-.\ 4e-4 ROBkR$ NTELSEBF$3Ean-person CARLSBAD PLANNING COMMISSION ,,, ,~fl.""," . "-?,.,Tz.. __,_. - - I.p ATTEST: t2i\nciib MICHAEL J. MLZ&LER Planning Director PC RES0 NO. 4079 -4-