HomeMy WebLinkAbout2003-12-17; Planning Commission; Resolution 55301
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. 5530
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A FIVE
YEAR EXTENSION OF A CONDITIONAL USE PERMIT FOR
THE CONTINUED OPERATION OF A WORSHIP FACILITY
ON PROPERTY GENERALLY LOCATED AT 7188 AVENIDA
ENCINAS IN LOCAL FACILITIES MANAGEMENT ZONE 9.
CASE NAME: CALVARY CHAPEL NORTH COAST
CASE NO.: CUP 98-15x1
WHEREAS, Calvary Chapel North Coast, a California Non-Profit Religious
Corporation, “Developer/Owner,” has filed a verified application with the City of Carlsbad
regarding property described as
Lot 7 of Parcel Map 15 187, in the City of Carlsbad, County of San
Diego, State of California, filed in the Office of the County
Recorder of San Diego, March 28,1988 as file number 88-140044
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit Extension as shown on Exhibits “A” - “D” dated December 16, 1998, on file in the
Carlsbad Planning Department CALVARY CHAPEL NORTH COAST, CUP 98-15x1 as
provided by the conditions of approval of CUP 98-15 and Chapter 21.42 and/or 21.50 of the
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 17th day of December 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 December 16, 1998, the Planning Commission approved CUP
98-15 as described and conditioned in Planning Commission Resolution No. 4440.
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
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Planning
Commission APPROVES CALVARY CHAPEL NORTH COAST, CUP 98-
15x1 based on the following findings and subject to the following conditions:
FindinPs :
1. The adopted findings for CUP 98-15 which are contained in Planning Commission
Resolution No. 4440 apply to this extension and are incorporated by this reference.
Conditions:
1.
2.
3.
4.
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 modify all approvals herein granted; deny or further condition issuance of all
future 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.
All conditions of approval imposed upon Conditional Use Permit CUP 98-15 as stated in
Planning Commission Resolution No. 4440 shall apply as conditions of approval for CUP
98-15x1 and are incorporated by this reference, except Condition No. 7, which has been
satisfied, and Condition No. 5 is replaced by Condition No. 4 below.
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.
This Conditional Use Permit is granted for a period of five (5) years from December 16,
2003 through December 15, 2008. 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
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. The Planning Commission may not grant such
extension, unless it finds that there are no substantial negative effects on surrounding land
PC RES0 NO. 5530 -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
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.
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 from date of final approval to protest imposition of these fees/exactions. 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 feedexactions
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
project; NOR DOES IT APPLY to any feedexactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
...
...
...
...
...
...
...
...
...
PC RES0 NO. 5530 -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
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 17th day of December 2003 by the
following vote, to wit:
AYES: Chairperson Baker, Commissioners Heineman, Montgomery,
Segall, and White
NOES: None
ABSENT: Commissioners Whitton and Dominguez
ABSTAIN: None
ATTEST:
Planning Director
PC RES0 NO. 5530 -4-