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HomeMy WebLinkAbout2005-04-20; Planning Commission; Resolution 58671 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. 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 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 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- 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 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. ... ... ... ... PC RES0 NO. 5867 -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 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-