HomeMy WebLinkAbout2005-04-20; Planning Commission; Resolution 58671
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PLANNING COMMISSION RESOLUTION NO. 5867
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A ONE
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.: CT 00- 19x2
YEAR MAP EXTENSION OF CARLSBAD TRACT CT 00-19x1
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 Tentative Tract
Map Extension as shown on Exhibits “A” - “H” dated January 16, 2002, on file in the
Planning Department CARLSBAD PROMENADE - CT 00-19, as provided by Chapter 20.12
of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 20th day of April 2005, 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 persons desiring to be heard, said Commission considered all factors
relating to the Tentative Tract Map Extension; and
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WHEREAS, on April 21, 2004 the Planning Commission approved Planning
Commission resolution No. 5609, approving a one year extension to CT 00-19 from March 5,
2004 to March 4,2005.
NOW, THEREFOREy BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission
APPROVES CARLSBAD PROMENADE - CT 00-19x2, based on the
following findings and subject to the following conditions:
Findinm:
1. All the findings contained in Planning Commission Resolution No. 5609 dated April
21,2004 for CT 00-19x1 are incorporated herein by reference and remain in effect.
That a one-year extension is appropriate and would allow the owner/applicant to
preserve existing property entitlements while satisfying the conditions for an
approved church campus, North Coast Calvary Chapel (GPA 04-16/ZC 04-
2.
12LCPA 04-12/SDP 04-O2/CUP 04-05MDP 04-01/CDP 04-03/MS 04-02).
3. The Planning Director has determined that:
a.
b.
C.
d.
e.
Conditions:
the project is a project for which a Mitigated Negative Declaration, Promenade,
CT 00-19, dated March 5,2002, was previously adopted [ 15 1621.
this project is consistent with the project cited above;
a Mitigated Negative Declaration was adopted in connection with the prior
project or plan;
the project has no new significant environmental effect not analyzed as significant
in the prior Mitigated Negative Declaration; and
none of the circumstances requiring a Subsequent Mitigated Negative
Declaration under CEQA Guidelines Sections 15 162 exist.
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 modifl all approvals herein granted; deny or fiuther condition issuance of all
PC RES0 NO. 5867 -2-
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future building permits; deny, revoke or further condition all certificates of occupancy
issued under the authority of approvals herein granted; record a notice of violation on the
property title; 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 Tentative Tract Map Extension.
2. This approval is granted subject to the approval of HDP 00-10x2 and CDP 00-53x2 and
is subject to all conditions contained in Planning Commission Resolutions No. 5868 and
5138 for those other approvals.
3. All the conditions contained in Planning Commission Resolution No. 5609 dated April
21, 2004 for CT 00-19x1 are incorporated herein by reference and remain in effect,
except for Condition No. 3, which is replaced by new Condition No. 4 below.
4. This Tentative Tract Map Extension is granted for a period of one (1) year
retroactively, from March 5,2005 through March 4,2006.
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 fiom date of 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 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.
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PC RES0 NO. 5867 -3-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 20th day of April 2005, by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Cardosa, Heineman,
Montgomery, and Whitton
NOES:
ABSENT: Commissioner Dominguez
ABSTAIN:
E N. SEGALL, hairperson
CARLSBAD PLANNING COMMISSION
ATTEST: n
DON NEU
Assistant Planning Director
PC RES0 NO. 5867 -4-