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HomeMy WebLinkAbout2003-03-05; Planning Commission; Resolution 53721 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 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. 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 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- 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 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- 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 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-