HomeMy WebLinkAbout2004-06-16; Planning Commission; Resolution 56571
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PLANNING COMMISSION RESOLUTION NO. 5657
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPOVING 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:
P-M ZONE AND WITHIN LOCAL FACILITIES
HOLY CROSS EPISCOPAL CHURCH
CASE NO.: CUP 94-03x2
WHEREAS, Holy Cross Episcopal Church, “Developer,” has filed a verified
application with the City of Carlsbad regarding property owned by Robert B. Haro, “Owner,”
described as
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 Conditional Use
Permit Extension as shown on Exhibits “A” - “B” dated July 20, 1994, on file in the Planning
Department HOLY CROSS EPISCOPAL CHURCH - CUP 94-03x2, as provided by the
conditions of approval of CUP 94-03x1 and Chapter 21.42 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 16th day of June 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, CUP 94-03x2; and
WHEREAS, on the 2nd day of June 1999, the Planning Commission approved an
extension of CUP 94-03x1 as described and conditioned in Planning Commission Resolution
No. 4572.
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Commission
A)
B)
FindinPs:
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
f the City of Carlsbad as follows:
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Planning
Commission APPROVES the Conditional Use Permit Extension for HOLY
CROSS EPISCOPAL CHURCH - CUP 94-03x2, based on the following
findings and subject to the following conditions:
1. The adopted findings for CUP 94-03x1, which are contained in Planning Commission
Resolution No. 4572, 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 94-03x1 as stated
in Planning Commission Resolution No. 4572 shall apply as conditions of approval for
CUP 94-03x2 and are incorporated by this reference, except Condition No. 2 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 5 years fiom July 20, 2004
through July 19,2009. 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
PC RES0 NO. 5657 -2-
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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.
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 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
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.
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PC RES0 NO. 5657 -3-
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Commission
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
f the City of Carlsbad, California, held on the 16th day of June 2004 by the
following vote, to wit:
AYES: Chairperson White, Commissioners Baker, Heineman,
Montgomery and Segall
NOES: None
ABSENT: Commissioners Dominguez and Whitton
ABSTAIN: None
MELISSA WHITE, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
n
MICHAEL J. HOLZMLLAR
Planning Director
PC RES0 NO. 5657 -4-