HomeMy WebLinkAbout1999-06-02; Planning Commission; Resolution 45724 * I)
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PLANNING COMMISSION RESOLUTION NO. 4572
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 6066 CORTE DEL CEDRO IN THE
MANAGEMENT ZONE 5.
CASE NAME: HOLY CROSS EPISCOPAL CHURCH
CASE NO.: CUP 94-03x1
WHEREAS, Holy Cross Episcopal Church, “Developer”, has filed a ve
application with the City of Carlsbad regarding property owned by Robert B. Haro, “0
described as
P-M ZONE AND WITHIN LOCAL FACILITIES
Lot 11 of Map No. 9973, as recorded on January 16, 1981, in
the City of Carlsbad, County of San Diego, State of California
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditi
Permit Extension as shown on Exhibit(s) “A” and “B” dated July 20, 1994, on fi
Carlsbad Planning Department (CUP 94-03), as provided by the conditions of approva
94-03 and Chapter 21.42 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 2nd day of June 199
duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all f
and arguments, if any, of all persons desiring to be heard, said Commission considered :
relating to the CUP Extension, CUP 94-03x1.
WHEREAS, on the 20th day of July 1994, the Planning Commission
CUP 94-03 as described and conditioned in Planning Commission Resolution No. 3687.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the
Commission of the City of Carlsbad as follows:
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A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the
Commission APPROVES the Conditional Use Permit Extension fol
CROSS EPISCOPAL CHURCH - CUP 94-03x1, based on the f
findings and subject to the following conditions:
Findings:
1. That the requested use is necessary or desirable for the development of the corn
essentially in harmony with the various elements and objectives of the General :
is not detrimental to existing uses specifically permitted in the zone in M
proposed use is located, in that: 1) church uses are encouraged land 1
permitted by conditional use permit in any zone in the city for the convel
residents; and 2) differing peak use hours reduce or avoid potential confl
surrounding industrial uses.
2. That the site for the intended use is adequate in size and shape to accommodate tl
that the church has been operating for past five year term of CUP 94-03 wit1
documented impacts or conflicts and church uses have been functioning ad
onsite.
3. That all the yards, setbacks, walls, fences, landscaping, and other features nec
adjust the requested use to existing or permitted future uses in the neighborhoo
provided and maintained, in that the church does not interfere or adversel!
surrounding industrial suites or uses. Given the proximity to Palomar Air
use continues to adequately operate in the “Conditionally Compatible” class
per the McClellan-Palomar Airport Comprehensive Land Use Plan (CLUI
required interior noise mitigation to acceptable levels for this suite prior tc
use occupancy in 1994.
4. That the street system serving the proposed use is adequate to properly handle
generated by the proposed use, in that existing streets have proven adequate
church activities and street systems are operating at acceptable levels;
conflicts with adjacent industrial uses are primarily avoided due to differ
use hours
Conditions:
1. The Planning Commission does hereby APPROVE the Conditional Us1
Extension for the project entitled Holy Cross Episcopal Church (Exhibits “A”
dated July 20, 1994, on file in the Planning Department and incorporatec
reference, subject to the conditions herein set forth). Staff is authorized and d:
make, or require Developer to make, all corrections and modifications to the Cc
Use Permit document(s) necessary to make them internally consistent and in c(
with final action on the project. Development shall occw substantially as shoT
PC RES0 NO. 4572 -2-
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approved Exhibits. Any proposed development different from this approval, shal
an amendment to this approval.
2. Condition No. 5 of Planning Commission Resolution No. 3687 is amended
This Conditional Use Permit is gaded extended for a period of five (5) yea
June 2, 1999 to July 20, 2004. This Conditional Use Permit shall be reviewe
Planning Director on a yearly basis to determine if all conditions of this permit h
met and that the use does not have a Substantial negative effect on surrounding p
or the public health and welfare. If the Planning Director determines that the
such Substantial negative effects, the Planning Director shall recommend
Planning Commission, after providing the permittee the opportunity to be hc
additional conditions to reduce or eliminate the substantial negative effects. Th
may be revoked at any time after a public hearing, if it is found that the u
Substantial detrimental effect on surrounding land uses and the public’s he
welfare, or the conditions imposed herein have not been met. This permit
extended for a reasonable period of time not to exceed five (5) years upor
application of the permittee made no less than 90 days prior to the expiration d
Planning Commission may not grant such extension, unless it finds that ther
Substantial negative effects on surrounding land uses or the public’s health and
If a Substantial negative effect on surrounding land uses or the public’s health anc
is found, the extension shall be denied or granted with conditions which will eliI
substantially reduce such effects. There is no limit to the number of exten:
Planning Commission may grant.
3. All other conditions contained in Planning Commission Resolution No. 368’
as modified herein, remain in full force and effect.
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PC RES0 NO. 4572 -3 -
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 2nd day of June 1991
following vote, to wit:
AYES: Chairperson Compas, Commissioners Heineman, L’Heurel
Nielsen, Segall, Trigas, and Welshons
NOES:
ABSENT:
ABSTAIN:
COURTNEY E. HEINEMAN, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
28 (1 11 PC RES0 NO. 4572 -4-