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HomeMy WebLinkAbout2004-04-21; Planning Commission; Resolution 56101 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. 5610 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A HILLSIDE DEVELOPMENT PERMIT RETROACTIVE EXTENSION ON PROPERTY GENERALLY LOCATED ON THE NORTHEAST CORNER OF POINSETTIA LANE AND AVIARA PARKWAY IN LOCAL FACILITIES MANAGEMENT ZONE 20. CASE NAME: CARLSBAD PROMENADE CASE NO.: HDP 00- 1 OX 1 WHEREAS, North Coast Calvary Chapel, a California Non-Profit Corporation, “DevelopedOwner,” has filed a verified application with the City of Carlsbad regarding property described as The Northwest Quarter of the Southwest Quarter of the Southwest Quarter together with the South Half of the Southwest Quarter of the Southwest Quarter both of Section 22, Township 12 South, Range 4 West, San Bernardino Base and Meridian, together with Lot 1 of Carlsbad Tract No. 91- 12, according to the Map thereof No. 13394, recorded January 24, 1997 in the office of the County Recorder of San Diego County, all in the City of Carlsbad, County of San Diego, State of California (“the Property”); and WHEREAS, said verified application constitutes a request for a Hillside Development Permit extension as shown on Exhibits “A” - “H” dated January 16,2002, on file in the Carlsbad Planning Department, CARLSBAD PROMENADE - HDP 00-10, as provided by Chapter 21.95 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 21st day of April 2004, 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 extension; and 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 WHEREAS, on March 5,2002, the City Council previously approved HDP 00- 10 as described and conditioned in City Council Resolution No. 2002-060. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission APPROVES CARLSBAD PROMENADE - HDP 00-10x1 based on the following findings and subject to the following conditions: Findings: 1. All of the findings contained in Planning Commission Resolution No. 5139 dated January 16,2004 for HDP 00-10 are incorporated herein by reference and remain in effect. 2. That a one-year extension is appropriate and necessary as the application for the extension was made in a timely manner and that the applicant, North Coast Calvary Chapel, recently acquired the property and the map extension would allow the property owner/applicant to preserve existing property entitlements while processing a Conditional Use Permit for development of the site as a church campus. Conditions: 1. This approval is granted subject to the approval of CT 00-19x1 and administrative approval of CDP 0043x1 and is subject to all conditions contained in Planning Commission Resolutions No. 5609 for that other approval. 2. All of the conditions contained in Planning Commission Resolution No. 5139 for HDP 00-53 are incorporated herein by reference and remain in effect. 3. This Hillside Development Permit is granted for a period of one (1) year retroactively from March 5,2004 to March 4,2005 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 “feedexac tions .’, 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 PC RES0 NO. 5610 -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 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. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 21st day of April 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: \.m MICHAEL J. HO~MILL~R Planning Director PC RES0 NO. 5610 -3-