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-