HomeMy WebLinkAbout2004-02-04; Planning Commission; Resolution 55411
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PLANNING COMMISSION RESOLUTION NO. 5541
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
USE PERMIT TO ALLOW THE CONTINUED OPERATION OF
A CHURCH, DAYCARE CENTER, AND SUNDAY SCHOOL
ON PROPERTY GENERALLY LOCATED AT 7807
CENTELLA STREET IN LOCAL FACILITIES MANAGEMENT
ZONE 6.
CASE NAME: CHRIST PRESBYTERIAN CHURCH
CASE NO.: CUP 229x3
WHEREAS, Christ Presbyterian Church, “Developer,” has filed a verified
application with the City of Carlsbad regarding property owned by Presbytery of San Diego,
“Owner,” described as
RETROACTIVE 10-YEAR EXTENSION OF A CONDITIONAL
That portion of Lot 249 of La Costa Vale Unit 1, Map 7547 and
Lot 181 of Santa Fe Glens Map No. 8059
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit Extension as shown on Exhibits “A” - “F” dated April 15, 1983, on file in the Planning
Department CHRIST PRESBYTERIAN CHURCH - CUP 229x3, as provided by the
conditions of approval of CUP 229x3 and Chapter 2 1.42 andor 2 1 .SO of the Carlsbad Municipal
Code; and
WHEREAS, the Planning Commission did, on the 4th day of February 2004,
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.
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WHEREAS, on March 2,1994, the Planning Commission approved an extension
of CHRIST PRESBYTERIAN CHURCH - CUP 229x2 as described and conditioned in
Planning Commission Resolution No. 3635.
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 CHRIST PRESBYTERIAN CHURCH - CUP
229x3, to be effective retroactively from June 8, 2003 through June 7, 2013
based on the following findings and subject to the following conditions:
Findings:
1. The adopted findings for CUP 229x2 which are contained in Planning Commission
Resolution No. 3635 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 modify all approvals herein granted; deny or fkther condition issuance of all
fbture 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 229x2 as stated in
Planning Commission Resolution No. 3635 shall apply as conditions of approval for CUP
229x3 and are incorporated by this reference, except Condition No. 1 which has been
satisfied, and 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.
PC RES0 NO. 5541 -2-
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4. This Conditional Use Permit is granted for a period of ten (10) years retroactively from
June 8, 2003 through June 7, 2013. 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 ten (10) 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.
Enpineerinp:
5. Within 6 months of approval of this Conditional Use Permit extension,
developer/owner shall have implemented and/or constructed the necessary Best
Management Practices (BMP) measures necessary to eliminate, to the maximum
extent possible, the anticipated pollutants of concern as identified in the project’s
Stormwater Management Plan prepared by Dudek and Associates, Inc. dated
October 2003.
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 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 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 gken a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
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PC RES0 NO. 5541 -3-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 4th day of February 2004 by the
following vote, to wit:
AYES: Chairperson White, Commissioners Baker, Dominguez, Heineman,
Montgomery, Segall, and Whitton
NOES: None
ABSENT: None
ABSTAIN: None --
MELISSA WHITE, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HWZMIWER
Planning Director
PC RES0 NO. 5541 -4-