HomeMy WebLinkAbout2005-04-20; Planning Commission; Resolution 58681
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PLANNING COMMISSION RESOLUTION NO. 5868
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
HILLSIDE DEVELOPMENT PERMIT EXTENSION 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.: HDP 00- 10x2
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 Extension as shown on Exhibits “A” - “H” dated January 16, 2002, on
file in the Carlsbad Planning Department, CARLSBAD PROMENADE - HDP 00-10, as
provided by Chapter 21.95 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the 20th day of April 2005,
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 Extension; and
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WHEREAS, on April 21, 2004 the Planning Commission previously approved
HDP 00-10x1 as described and conditioned in Planning Commission Resolution No. 5610.
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 CARLSBAD PROMENADE - HDP 00-10x2 based on the
following findings and subject to the following conditions:
Findinm:
1. All of the findings contained in Planning Commission Resolution No. 5610 dated
April 21, 2004 for HDP 00-10 are incorporated herein by reference and remain in
effect.
2. 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 04-12,
LCPA 04-12, SDP 04-02, CUP 04-05, HDP 04-01, CDP 04-03, MS 04-02).
3. All findings of Planning Commission Resolution No. 5867 as applicable are
incorporated herein by reference.
Conditions:
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
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 Hillside Development Permit
Extension.
2. This approval is granted subject to the approval of CT 00-1982 and CDP 00-53x2 and is
subject to all conditions contained in Planning Commission Resolutions No. 5867 and
5138 (CDP) for those other approvals.
3. All conditions of approval imposed upon Hillside Development Permit HDP 00-10x1 as
stated in Planning Commission Resolution No. 5610 shall apply as conditions of approval
for HDP 00-10x2 and are incorporated by this reference, except Condition No. 3 which is
replaced by Condition No. 4 below.
PC RES0 NO. 5868 -2-
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4. This Hillside Development Permit is granted for a period of one (1) year
retroactively from March 5,2005 to 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 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 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 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
HSTAIN:
.~ . SEGALL, airperson
CARLSBAD PLANN~G COMMISSION
ATTEST:
DON NEU
Assistant Planning Director
PC RES0 NO. 5868 -3-