HomeMy WebLinkAbout1998-07-28; Planning Commission; Resolution 4333*-
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PLANNING COMMISSION RESOLUTION NO. 4333
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A ONE (1)
YEAR EXTENSION OF TIME FOR A TENTATIVE MAP AND
RELATED PLANNING PERMITS.
CASE NAME: RANCHO REAL
CASE NO. CT 90-13x3
WHEREAS Charles J. Mclaughlin, “Developer”, has filed a verified aF
with the City of Carlsbad regarding property owned by General Security Cor1
“Owner”, described as
Being a portion of Lot “I” of Rancho Agua Hedionda, in the
City of Carlsbad, County of San Diego, State of California,
according to Partition Map thereof No. 823, filed in the office
of the County Recorder of said County, November 16,1896.
(“the Property”); and
WHEREAS, the City Council did, on the 29th day of May, 1991, adopt
Commission Resolution No. 3238, approving the tentative map for a 39 lot/35 unit sub1
known as RANCHO REAL, CT 90-13 and related planning permits PUD 90-16, HE
and SUP 90-97: and
WHEREAS, if the Planning Commission approves extension of the T
Map the related planning permits mentioned above will be automatically exter
operation 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 Planning Commission did, on the 6th day of Octobt
adopt Resolution No. 3544 approving a 1 year extension of the tentative map and
planning permits; and
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WHEREAS, the Planning Commission did, on the 5th day of Novemt
adopt Resolution No. 4191 approving a 1 year extension of the tentative map an
planning permits; and
WHEREAS, the tentative map will have expired on the 29th day of May
not extended. Consequently, the applicant for the tentative map, Anthalon Property !
has made a timely request for an extension of time to process toward a final map; and
WHEREAS, the project (tentative map and related planning perm
reviewed for conformance with the current General Plan, Title 21, other City ordina
policies; and
WHEREAS, the Planning Commission did, on the 15th day of July, 199
the 28th day of July, 1998, hold a duly noticed public hearing to consider all factors, tc
and arguments, if any, of all persons desiring to be 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 I
Commission APPROVES the request for an extension of time for the 1
tract map for RANCHO REAL, CT 90-13 and related planning permil
90-16, HDP 90-19 and SUP 90-07) for a period of one (1) year frc
29,1998 to May 29,1999, subject to all the original conditions of approv:
on the following findings and subject to the following condition:
Findings:
1. That the design and improvements of the subdivision are consistent with the
Plan, 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 n
3. That the related planning permits remain consistent with current plans, policies an
PC RES0 NO. 4333 -2-
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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.
5. That the Planning Commission has reviewed each of the exaction’s imposec
Developer contained in this resolution, and hereby finds, in this case, that the e:
are imposed to mitigate impacts cause by or reasonably related to the project,
extent and the degree of the exaction is in rough proportionality to the impact c,
the project.
Conditions:
1. All previous conditions remain in effect.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” I
dedications, reservations, or other exactions hereafter collectively referred to for conven
“fees/exactions.”
You have 90 days from August 5, 1998, to protest imposition of these fees/exactions.
protest them, you must follow the protest procedure set forth in Government Code
66020(a), and file the protest and any other required information with the City Man:
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure tc
follow that procedure will bar any subsequent legal action to attack, review, set aside, 3
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/eh
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor pl
zoning, grading or other similar application processing or service fees in connection w
project; NOR DOES IT APPLY to any feeslexactions of which you have previously bee
a NOTICE similar to this, or as to which the statute of limitations has previously otl
expired.
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PC RES0 NO. 4333 -3 -
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 28th of July, 1998, by the 1
vote, to wit:
AYES: Chairperson Noble, Commissioners Heineman, Mo
NOES:
Nielsen, Savary, and Welshons
ABSENT: Commissioner Compas
ABSTAIN:
/Q c* &L.L ,F# ~ *, ""+ !,JT\ &. $/! rF ?A-
$7 j, &?, ;/ c"/ ,~ ,, ,; qy".&~~&=-
CARLSBAD ~LANNING COMMISSION
,xr"". ,i <.L +-.*..; e,/',-.;(
BAILEY NOBgE, Chairperson
; I -4, l;j-"p i 3
0'
"3
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ATTEST:
MICHAEL J. MLZMI~LER
Planning Director
PC RES0 NO. 4333 -4-