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HomeMy WebLinkAbout2002-01-02; Planning Commission; Resolution 51321 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. 5132 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A HILLSIDE DEVELOPMENT PERMIT ON PROPERTY GENERALLY LOCATED EAST OF BLACK RAIL ROAD AND SOUTH OF POINSETTIA LANE IN LOCAL FACILITIES MANAGEMENT ZONE 20. CASE NAME: REDEEMER BY THE SEA CASE NO: HDP 01-12 WHEREAS, Redeemer by the Sea Lutheran Church of Carlsbad, “Developer and Owner,” has filed a verified application with the City of Carlsbad regarding 1 property described as The north half of the southwest quarter of the southeast quarter of section 22, township 12 south, range 4 west, San Bernardino base and meridian, in the County of San Diego, State of California, according to official plat thereof. 1 (“the Property”); and WHEREAS, said verified application constitutes a request for a Hillside Development Permit as shown on Exhibit(s) “A” - c(X”“ dated January 2, 2002, on file in the Carlsbad Planning Department, REDEEMER BY THE SEA HDP 01-12, as provided by Chapter 21.95 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 2nd day of January 2002, consider said request; and WHEREAS, at said 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 Hillside Development Permit and NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the foregoing recitations are true and correct. 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 B) That based on the evidence presented at the public hearing, the Commission APPROVES, REDEEMER BY THE SEA - HDP 01-12 based on the following findings and subject to the following conditions: Pindinps: 1. 2. 3. 4. 5. 6. That hillside conditions have been properly identified on the constraints map which show existing and proposed conditions and slope percentages; That undevelopable areas of the project, i.e. slopes over 40%, have been properly identified on the constraints map; That the development proposal is consistent with the intent, purpose, and requirements of the Hillside Ordinance, Chapter 21.95, in that the site has been designed to step development consistent with the natural terrain and that grading quantities for the residential portion of the project are within L6acceptable” levels, less than 8,000 cubic yards per acre and that the commercial portion of the site is less than 8,200 cubic yards per acre. That the proposed development or grading will not occur in the undevelopable portions of the site pursuant to provisions of Section 21.53.230 of the Carlsbad Municipal Code, in that forty percent slopes that are part of a larger slope area are being preserved within an open space lot. That the project design substantially conforms to the intent of the concepts illustrated in the Hillside Development Guidelines Manual, in that there are no slopes being created greater than twenty feet when thirty foot slopes are allowed. That the project design and lot configuration minimizes disturbance of hillside lands, in that the large buildings of the church campus have been designed with basements and partial basements which places the buildings into the slope versus on the slope. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of grading permit. 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 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 Hillside Development Permit. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Hillside Development Permit documents, as necessary to make PC RESO NO. 5132 -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 them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. 3. The Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 4. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 5. The Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney’s fees incurred by the City arising, directly or indirectly, from (a) City’s approval and issuance of this Hillside Development Permit, (b) City’s approval or issuance of any permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, and (c) Developer/Operator’s installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City’s approval is not validated. 6. The Developer shall submit to the Planning Director a reproducible 24” x 36”, mylar copy of the Hillside Development Permit exhibits reflecting the conditions approved by the final decision making body. 7. Prior to, the issuance of a building permit, the Developer shall provide proof to the Director from the School District that this project has satisfied its obligation to provide school facilities. 8. This approval is granted subject to the City’s approval of ZC 00-10, LCPA 00-13, CT 00-22, CDP 00-64, and CUP 00-44 and is subject to all conditions contained in Planning Commission Resolutions No. 5120, 5121, 5122, 5123 AND 5124 for those other approvals. 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 tile the protest and any other required information with the City Manager for PC RESO NO. 5132 -3- 4 5 6 7 8 9 10 11 12 13 14 15 ABSTAIN: None 16 17 18 19 20 21 22 23 24 25 26 27 28 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 1 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 i 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 fhe City of Carlsbad, California, held on the 2nd day of January 2002, by the following vote, to wit: AYES: Chairperson Trigas, Commissioners Compas, Dominguez, Heineman, Nielsen, and Segall NOES: None ABSENT: Commissioner Baker :- CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HwZMItiER Planning Director PC RESO NO. 5132 -4-