HomeMy WebLinkAbout2003-03-05; Planning Commission; Resolution 53721
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PLANNING COMMISSION RESOLUTION NO. 5372
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A 5 YEAR
EXTENSION OF A CONDITIONAL USE PERMIT TO
REDEEMER BY THE SEA LUTHERAN CHURCH ON
PROPERTY GENERALLY LOCATED AT 6355 CORTE DEL
ABET0 IN LOCAL FACILITIES MANAGEMENT ZONE 5.
CASENAME: REDEEMER BY THE SEA LUTHERAN
CASE NO.: CUP 91-12x2
WHEREAS, Redeemer by the Sea, “Developer,” has filed a verified application
with the City of Carlsbad regarding property owned by H. G. Fenton Company, “Owner,”
described as
CHURCH
Lot 11, Carlsbad Tract No. 80-34, in the City of Carlsbad,
County of San Diego, Map No. 10062 dated April 15,1981
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit Extension as shown on Exhibits “A” - “B” dated October 9,1991, on file in the Carlsbad
Planning Department REDEEMER BY THE SEA LUTHERAN CHURCH - CUP 91-12, as
provided by the conditions of approval of CUP 91-12 and Chapter 21.42 and/or 21.50 of the
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 5th day of March 2003, hold a
duly noticed public hearing as prescribed by law to consider said request; and
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 the CUP Extension.
WHEREAS, on the 5th day of February, 1992, the Planning Commission
approved CUP 91-12 as described and conditioned in Planning Commission Resolution No.
3341.
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WHEREAS, on the 2nd day of April ,1997, the Planning Commission approved
CUP 91-12x1 as described and conditioned in Planning Commission Resolution No. 4079.
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 Planning
Commission APPROVES REDEEMER BY THE SEA LUTHERAN
CHURCH CUP 91-12x2 based on the following findings and subject to the
following conditions:
Findings:
1. The adopted findings for CUP 91-12x1 which are contained in Planning Commission
Resolution No. 4079 apply to this extension and are incorporated by this reference.
Conditions:
1. If any of the following conditions fail to occur; or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modifl all approvals herein granted; deny or further condition issuance of all
fiture building permits; deny, revoke or further condition all certificates of occupancy
issued under the authority of approvals herein granted; institute and prosecute litigation to
compel their compliance with said conditions or seek damages for their violation. No
vested rights are gained by Developer or a successor in interest by the City’s approval of
this Conditional Use Permit.
2. All conditions of approval imposed upon Conditional Use Permit CUP 91-12x1 as stated
in Planning Commission Resolution No. 4079 shall apply as conditions of approval for
CUP 91-12x2 and are incorporated by this reference except Condition No. 2 is replaced
by Condition No. 4 below.
3. 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 substantial negative effect on surrounding properties or the public health and welfare. If
the Planning Director determines that the use has such substantial negative effects, the
Planning Director shall recommend that the Planning Commission, after providing the
permittee the opportunity to be heard, add additional conditions to reduce or eliminate the
substantial negative effects.
4. This Conditional Use Permit is retroactively granted for a period of five (5) years from
February 6, 2002 through February 5, 2007. This permit may be revoked at any time
after a public hearing, if it is found that the use has a substantial detrimental effect on
PC RES0 NO. 5372 -2-
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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 5 years upon written application of the permittee made no less than 90 days
prior to the expiration date. The Planning Commission may not grant such extension,
unless it finds that there are no substantial negative effects on surrounding land uses or
the public’s health and welfare. If a substantial negative effect on surrounding land uses
or the public’s health and welfare is found, the extension shall be denied or granted with
conditions which will eliminate or substantially reduce such effects. There is no limit to
the number of extensions the Planning Commission may grant.
5. Developer shall comply with the City’s requirements of the National Pollutant Discharge
Elimination System (NPDES) permit. Developer shall provide improvements constructed
pursuant to best management practices as referenced in the “California Storm Water Best
Management Practices Handbook” to reduce surface pollutants to an acceptable level
prior to discharge to sensitive areas. Plans for such improvements shall be submitted to
and subject to the approval of the City Engineer. Said plans shall include but not be
limited to notifjmg prospective owners and tenants of the following:
A. All owners and tenants shall coordinate efforts to establish or work with established
disposal programs to remove and properly dispose of toxic and hazardous waste
products.
B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifieeze,
solvents, paints, paint thinners, wood preservatives, and other such fluids shall not
be discharged into any street, public or private, or into storm drain or storm water
conveyance systems. Use and disposal of pesticides, fungicides, herbicides,
insecticides, fertilizers and other such chemical treatments shall meet Federal, State,
County and City requirements as prescribed in their respective containers.
C. Best Management Practices shall be used to eliminate or reduce surface pollutants
when planning any changes to the landscaping and surface improvements.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as
“fees/exactions.”
You have 90 days fkom date of final approval to protest imposition of these feedexactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading or other similar application processing or service fees in connection with this
PC RES0 NO. 5372 -3-
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project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 5th day of March, 2003 by the
following vote, to wit:
AYES: Chairperson Baker, Commissioners Heineman, Segall,
Montgomery, White, and Whitton
NOES: None
ABSENT: Commissioner Dominguez
ABSTAIN: None
h
6,
LANNING COMMISSION
ATTEST:
MICHAEL J. HVLZMXLER
Planning Director
PC RES0 NO. 5372 -4-