Loading...
HomeMy WebLinkAbout2002-05-15; Planning Commission; Resolution 52001 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. 5200 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APROVING A HILLSIDE DEVELOPMENT PERMIT TO ALLOW A CHURCH ON PROPERTY GENEWLY LOCATED WEST OF CAMINO DE LOS COCHES BETWEEN RANCHO SANTA FE ROAD AND LA COSTA AVENUE IN LOCAL FACILITIES MANAGEMENT. CASE NO: HDP 01-10 WHEREAS, The Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter Day Saints , “Developer” and “Owner”, has filed a verified application with the City of Carlsbad regarding property described as CASE NAME: CHURCH OF JESUS CHRIST - LDS That portion of Parcel 4 of Parcel Map 13524 in the City of Carlsbad, County of San Diego, State of California, filed in the OMice of the County Recorder of San Diego County, October 28, 1984, as File No. 84-403293 of OEcial Records, including a portion of Mision Estancia dedicated on said Parcel Map (“the Property”); and WHEREAS, said verified application constitutes a request for a Hillside Development Permit as shown on Exhibits “A” - “L” dated May 15, 2002, on file in the Carlsbad Planning Department, CHURCH OF JESUS CHRIST - LDS - HDP 01-10, as provided by Chapter 21.95 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 15th day of May, 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 CHURCH OF JESUS CHRIST - LDS - HDP 01-10 based on the following findings and subject to the following conditions: Findings: - 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 proposed development is consistent with the existing topography to the extent feasible, is designed in an environmentally sensitive manner to preserve wildlife habitats, and incorporates NPDES measures to avoid erosion. 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 development of 40% slopes exceeding 10,000 square feet in area will not occur. That the project design substantially conforms to the intent of the concepts illustrated in the Hillside Development Guidelines Manual, in that the project has been designed to relate to the slope of the land, slope heights are less than the 40’ maximum allowed, and adequate landscape screening will be provided. That the project design and lot configuration minimizes disturbance of hillside lands, in that the grading volume is within the acceptable range. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a grading permit. 1. This approval is granted subject to the approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, GPA 01-13 and CUP 01-04 and is subject to all conditions contained in Planning Commission Resolutions No. 5197, 5198, and 5199 incorporated herein by reference 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 “feedexactions.” PC RES0 NO. 5200 -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 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 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. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 15th day of May 2002, by the following vote, to wit: AYES: Chairperson Trigas, Commissioners Baker, Heineman, Segall, and White NOES: None ABSENT: Commissioners Dominguez and Whitton ABSTAIN: None SEENA TRIGAS, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HOLZMILLER Planning Director PC RES0 NO. 5200 -3-