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HomeMy WebLinkAbout1998-03-04; Planning Commission; Resolution 4217q > 0 0 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 PLANNING COMMISSION RESOLUTION NO. 4217 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A THREE YEAR EXTENSION OF TIME FOR A TENTATIVE MAP AND RELATED PLANNING PERMITS. CASE NAME: TIENDA DE LA ESQUJNA CASE NO.: CT 9 1-06x2 WHEREAS Marc Gerber, “Developer”, has filed a verified application City of Carlsbad regarding property owned by Hearthstone Development Cor1 “Owner”, described as Parcel 1 of Map Number 13970, in the City of Carlsbad, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County, September 25,1985 as file/page no. 85-255261 of official records. (“the Property”); and WHEREAS, the Planning Commission did, on June 5, 1991, adopt Rc No. 3135, approving the tentative map for a 7 lot neighborhood retail center, known a! 06, a Negative Declaration for a Tentative Map, Planned Development Permit, Cor Use Permit, and Site Development Plan for CUP 91-04, SDP 91-06, PUD 91-03; and WHEREAS, if the Planning Commission approves extension of the ’I Map the related planning permits mentioned above will be automatically extended by a of law pursuant to Carlsbad Municipal Code Section 21.58.020(b); and WHEREAS, the tentative map remained valid because of State legislativc that extended all valid tentative maps; and WHEREAS, the tentative map will have expired on June 13, 1997 extended. Consequently, the applicant for the tentative map, Marc Gerber, has made request for an extension of time to process toward a final map; and 0 0 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 ~ I 28 WHEREAS, the project (tentative map and related planning pem reviewed for conformance with the current General Plan, Title 21 , other City ordina policies; and WHEREAS, the Planning Commission did, on the 21st day of January, j 4th day of February, 1998, and on the 4th day of March, 1998, hold a duly notice hearing to consider all factors, testimony and. arguments, if any, of all persons desiri heard. NOW, THEREFORE, BE IT HEREBY RESOLVED by the 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 1 Commission APPROVES the request for an extension of time for the tract map for Carlsbad Tract No. CT 91-06x2 and related planning permi 91-04, SDP 91-06, PUD 91-03) for a period of three years from June 13, June 13, 2000, subject to all the original conditions of approval e: modified herein; based on the following findings: Findings: 1. That the design and improvements of the subdivision are consistent with the Gene] Titles 20 and 21 (CMC), other City ordinances and policies as conditioned. 2. That the subdivider is diligently pursuing those actions required to obtain a final map. 3. That the related planning permits remain consistent with current plans, policies and la 4. That the tentative map and related planning permits remain in prior compliance . original environmental documents and mitigation requirements and that no circumstances or new impacts or mitigation measures will be required. I Conditions Planning Commission Resolution No. 3 135 shall be modified as follows: 1. Finding No. 9 shall be replaced with the following: PC RES0 NO. 4217 -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 0 0 The project applicant shall fund a minimum of 50% of the cost of a traffic Camino de Los Coches and Calle Timiteo should a signal be warranted. 2. The following finding shall be added: The Planning Commission has reviewed each of the exactions imposed on the C contained in this resolution, and hereby finds, in this case, that the exactions are to mitigate impacts caused by or reasonably related to the project, and the exten degree of the exaction is in rough proportionality to the impact caused by the pro. 3. Condition No. 43 shall be modified as follows: Approval of this tentative tract map shall expire on June 13,2000 unless a fi is recorded prior to that date. 4. Condition No. 67 is replaced with the following: The developer shall comply with the City's requirements of the National Discharge Elimination System (NPDES) permit. The developer shall pro7 management practices as referenced in the "California Storm Water Best Mar Practices Handbook" to reduce surface pollutants to an acceptable level prior to ( to sensitive areas. Plans for such improvements shall be approved by the City I Said plans shall include but not be limited to notifying prospective owners and ti the following: A. All owners and tenants shall coordinate efforts to establish or w( established disposal programs to remove and properly dispose of tc hazardous waste products. B. Toxic chemicals or hydrocarbon compounds such as gasoline, m antifieeze, solvents, paints, paint thinners, wood preservatives, and ot fluids shall not be discharged into any street, public or private, or into stc or storm water conveyance systems. Use and disposal of pesticides, fu herbicides, insecticides, fertilizers and other such chemical treatments SI Federal, State, County and City requirements as prescribed in their rl containers. C. Best Management Practices shall be used to eliminate or reduce surface 1 when planning any changes to the landscaping and surface improvements 5. Condition No. 75 shall be modified as follows: PC RES0 NO. 42 17 -3 - 4 a 0 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 ... required by the City Engineer, the Fire Marshal and Olivenhain Municip District. Planning Commission Resolution No. 3 136 shall be modified as follows: 6. Condition No. 3 shall be replaced with the following: This approval shall become null and void if building permits for buildings are not issued within 18 months from the date of the final recordation of Tr CT 91-06. 7. Add the following to the end of Condition No. 7: . . . concurrent with final map. Planning Commission Resolution No. 3 137 shall be modified as follows: 8. Add the following to the end of the first sentence of Condition No. 2: ... from the date of final occupancy. 9. Replace Condition No. 4 with the following: This approval shall become null and void if building permits for the gas stal convenience market are not issued within 18 months from the date of t recordation of Tract Map CT 91-06. 10. Condition No. 3 shall be amended to limit operation to the hours of 5:OO 1O:OO p.m. Planning Commission Resolution No. 3 138 shall be modified as follows: 1 1. Replace Condition No. 3 with the following: This approval shall become null and void if building permits for buildings 1 are not issued within 18 months from the date of the final recordation of Trz CT 91-06. 12. A safety program shall be developed and approved by the Carlsbad Department prior to building occupancy. . .. PC RES0 NO. 4217 -4- -1 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 a e 1 PASSED, APPROVED AND ADOPTED at a regular meeting of the I Commission of the City of Carlsbad, California, held on the 4th of March, 1998 following vote, to wit: AYES: Chairperson Noble, Commissioners Compas, Heineman, Nielsen, and Savary NOES: Commissioner Welshons ABSENT: ABSTAIN: BAILEY NOB CAWSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HXZMIEER Planning Director PC RES0 NO. 4217 -5-