HomeMy WebLinkAbout2004-11-17; Planning Commission; Resolution 57881
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. 5788
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A SITE
DEVELOPMENT PLAN TO DEVELOP A CHURCH CAMPUS
ON PROPERTY GENERALLY LOCATED ON THE
NORTHEAST CORNER OF POINSETTIA LANE AND
AVIARA PARKWAY IN LOCAL FACILITIES MANAGEMENT
ZONE 20.
CASE NAME: NORTH COAST CALVARY CHAPEL
CASE NO.: SDP 04-02
WHEREAS, North Coast Calvary Chapel, a California Non-Profit
Corporation, “Developer/Owner,” 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 Site Development
Plan as shown on Exhibits “A” - “QQ” dated November 17, 2004, on file in the Planning
Department, NORTH COAST CALVARY CHAPEL - SDP 04-02 as provided by Chapter
21 .06/Section 2 1.53.120 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 17th day of November, 2004,
hold a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public 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 Site Development Plan.
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
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Planning
Commission APPROVES NORTH COAST CALVARY CHAPEL - SDP 04-
02 based on the following findings and subject to the following conditions:
Findings:
1. That the requested use is properly related to the site, surroundings and environmental
settings, is consistent with the various elements and objectives of the General Plan, will
not be detrimental to existing uses or to uses specifically permitted in the area in which
the proposed use is to be located, and will not adversely impact the site, surroundings or
traffic circulation, in that the church provides worship and child care services to the
residents of the community. Although the site is zoned and land use designated for
Residential development, it is separated from existing residential development by
circulation element roadways and open space. Poinsettia Lane and open space
separate the use from the properties to the south. Aviara Parkway and open space
separate the use from the existing residential to the north and west. An SDG&E
easement separates the project site from the undeveloped property to the east.
Because of this separation, the project is not expected to have detrimental effects
regarding light, noise and/or physical location related to residential uses. The
church and daycare are being developed on the portion of the property previously
used for agricultural uses and preserves the entire natural habitat of the site. The
project is accessed from Poinsettia Lane and Aviara Parkway, both major arterial
roadways, with adequate capacity to serve the project.
2. That the site for the intended use is adequate in size and shape to accommodate the use, in
that the proposed buildings, required parking, and landscaping can fit within the
boundaries of the developable portion of the property with no need to encroach into
required setbacks. The project has a building coverage of 12% when 40% is
allowed and all setbacks are well above the minimum required.
3. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust
the requested use to existing or permitted future uses in the neighborhood will be
provided and maintained, in that the project is completely surrounded by landscaping
and open space and all of the proposed development fits within the buildable
portion of the lot. No special conditions will be necessary to adjust the requested
use for compatibility with existing or future uses.
4. That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the proposed use will generate 1,200 Average
Daily Trips (ADT) which can be supported by Poinsettia Lane and Aviara Parkway.
The project is accessed from Poinsettia Lane and Aviara Parkway, both major
arterial roadways, with well-defined parking areas.
PC RES0 NO. 5788 -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
Conditions:
Note:
1.
2.
3.
4.
...
...
...
...
Unless otherwise specified herein, all conditions shall be satisfied prior to grading permit
issuance.
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
fiture 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 Site Development Plan.
Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Site Development Plan documents, as necessary to make 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.
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 Site Development Plan, (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.
This approval is granted subject to the adoption of the Mitigated Negative Declaration,
Mitigation Monitoring and Reporting Program, and approval of GPA 04-16, ZC 04-
12, LCPA 04-12, CUP 04-05, HDP 04-01 and CDP 04-03, and is subject to all
conditions contained in Planning Commission Resolutions No. 5784, 5785, 5786, 5787,
5789,5790 and 5791 for those other approvals incorporated herein by reference.
PC RES0 NO. 5788 -3 -
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
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 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 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 17th day of November 2004, by the
following vote, to wit:
AYES: Chairperson Whitton, Commissioners Baker, Cardosa, Dominguez,
Heineman, Montgomery, and Segall
NOES:
ABSENT:
ABSTAIN:
RANK H. WHITTON, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HOLZMILLEW
Planning Director
PC RES0 NO. 5788 -4-