HomeMy WebLinkAbout2002-05-15; Planning Commission; Resolution 52001
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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.
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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: -
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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-
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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-