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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-