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HomeMy WebLinkAbout2004-11-17; Planning Commission; Resolution 57901 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. 5790 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A HILLSIDE DEVELOPMENT PERMIT 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: HDP 04-01 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 Hillside Development Permit as shown on Exhibits “A” - “QQ” dated November 17, 2004, on file in the Carlsbad Planning Department, NORTH COAST CALVARY CHAPEL - HDP 04-01, as provided by Chapter 21.95 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 17th day of November 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. 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 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 NORTH COAST CALVARY CHAPEL - HDP 04-01 based on the following findings and subject to the following conditions: Findinm: 1. 2. 3. 4. 5. 6. That the 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 project properly identified the slopes, provides landscaping on all manufactured slopes including the slopes highly visible to the public, and minimizes the impacts to natural resource areas, wildlife habitats, and native vegetation be preserving them in permanent open space. 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 the undevelopable portions are being preserved in open space. That the projects design substantially conform to the intent of the concepts illustrated in the Hillside Development Guidelines Manual, in that the project preserves steep slopes (2 25%) and native sensitive habitats in the Coastal Zone, does not propose to develop natural 40% slopes, contour grades manufactured slopes, screens manufactured slopes with a variety of landscape plantings to soften the slopes, includes roof planes and roof slopes which step and follow the topography of the land, and buildings and structures that maintain the top-of-slope setback. That the project design and lot configuration minimizes disturbance of hillside lands, in that the project is being developed on the previously disturbed and more flat portion of the property, thus preserving the sloped portions of the property. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to grading permit issuance. 1. 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 PC RES0 NO. 5790 -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 2. 3. 6. ... ... ... ... ... ... ... ... ... future 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 Hillside Development Permit. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Hillside Development Permit 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 Hillside Development Permit, (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, SDP 04-02, CUP 04-05, and CDP 04-03 and is subject to all conditions contained in Planning Commission Resolutions No. 5784, 5785, 5786, 5787, 5788,5789, and 5791 for those other approvals incorporated herein by reference. PC RES0 NO. 5790 -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 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 fees/exactions 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: A-- . WHITTON, Chairperson ’ CARLSBAD PLANNING COMMISSION ATTEST: n Uvnx MICHAEL J. HOLZMILLER Planning Director PC RES0 NO. 5790 -4-