HomeMy WebLinkAbout2001-06-06; Planning Commission; Resolution 49861
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PLANNING COMMISSION RESOLUTION NO. 4986
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A ONE-
YEAR EXTENSION FOR THE DEJONG PROPERTY
GENERALLY LOCATED ON THE NORTHEAST CORNER OF
THE INTERSECTION OF BLACK RAIL ROAD AND
POINSETTIA LANE IN LOCAL FACILITIES MANAGEMENT
ZONE 20.
CASE NAME: DEJONG PROPERTY MAP EXTENSION
CASE NO.: CT 98-05x1
WHEREAS Arie deJong, Jr. Family Trust, “Developer and “Owner,” has filed
a verified application with the City of Carlsbad regarding property described as:
Being that portion of Lot 2 of Section 22, Township 12 south,
Range 4 west, San Bernardino Base and Meridian, in the City
of Carlsbad, State of California according to official plat
thereof
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Tentative Tract
Map Extension as shown on Exhibit “A” dated June 6, 2001, on file in the Planning
Department DEJONG PROPERTY MAP EXTENSION - CT 98-05x1, as provided by Title
20 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 6th day of June 2001, 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,
WHEREAS, on May 11,1999, the City Council approved CT 98-05 as described
and conditioned in Planning Commission Resolution No. 4506.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
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Findings:
A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the
Commission APPROVING DEJONG PROPERTY MAP
EXTENSION - CT 98-05x1 based on the following findings and subject
to the following conditions.
1. All of the findings contained in Planning Commission Resolution No. 4506 dated
April 7, 1999 for CT 98-05 are incorporated herein by reference and remain in
effect.
2. That a one-year extension is appropriate and necessary for this project due to
financial and design issues.
Conditions:
1.
2.
3.
4.
This approval is granted subject to the approval of HDP 98-03x1 and CDP 98-26x1 and
is subject to all conditions contained in Planning Commission Resolution Nos. 4507 and
4508 for those other approvals.
All of the conditions contained in Planning Commission Resolution No. 4506 dated
April 7, 1999 for CT 98-05 are incorporated herein by reference and remain in
effect except for Code Reminder No. 71, which is replaced by new condition No. 3
below.
This Tentative Map is granted for a period of one (1) year retroactively from May
11,200O through May 11,2002.
The City of Carlsbad is presently considering action to reform Bridge and
Thoroughfare District No. 2 (B&TD#2) to finance cost increases incurred and/or
estimated to complete the design and construction of Aviara Parkway and Poinsettia
Lane within the boundaries of the district. Prior to approval of a linal map or
issuance of a building permit on the project site, whichever occurs first, the property
owner shall enter into an agreement with the City whereby the owner/developer
agrees not to oppose the reformation of B&TD#2 and further agrees to pay their
project’s fair share contribution for the B&TD#2 facilities in accordance with the
fee schedule as may be adopted by the City Council upon reformation of B&TD#2.
In the event building permits are issued in advance of the reformation of the
district, the owner/developer shall post a cash deposit with the City in the amount of
the proposed fee as estimated in the latest revision to the B&TD#2 Fee Study Report
available at the time of building permit issuance.
PC RESO NO. 4986 -2-
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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 approval to protest imposition of these fees/exactions. 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.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 6th of June 2001, by the following
vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Heineman, L’Heureux,
Nielsen, and Trigas
NOES:
ABSENT: Commissioner Compas
ABSTAIN:
Q JEFFRE N. SEGALL, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
V MICHAEL J. HOLZtiLER
Planning Director
PC RESO NO. 4986 -3-