HomeMy WebLinkAbout2001-06-06; Planning Commission; Resolution 50041
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PLANNING COMMISSION RESOLUTION NO. 5004
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: HDP 98-03X1
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 Hillside
Development Permit extension as shown on Exhibit(s) “A“ dated June 6, 2001, on file in the
Carlsbad Planning Department, DEJONG PROPERTY MAP EXTENSION - HDP 98-03x1,
as provided by Chapter 21.95 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the 6th day of June 2001, 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
WHEREAS, on May 11,1999 the City Council previously approved HDP 98-03
as described and conditioned in Planning Commission Resolution No. 4507.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
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A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
APPROVES, DEJONG PROPERTY MAP EXTENSION - HDP 98-03x1
based on the following findings and subject to the following conditions:
Findings:
1. All of the findings contained in Planning Commission Resolution No. 4507 dated
April 7, 1999 for HDP 98-03 are incorporated herein by reference and remain in
effect.
2. That a one-year extension is appropriate and necessary for this project due to
linancial and design issues.
Conditions:
1. This approval is granted subject to the approval of CT 98-05x1 and CDP 98-26x1 and is
subject to all conditions contained in Planning Commission Resolution Nos. 4506 and
4508 for those other approvals.
2. All of the conditions contained in Planning Commission Resolution No. 4507 dated
April 7, 1999 for CT 98-05 are incorporated herein by reference and remain in
effect except for Condition number 3 which is replaced by new condition No. 3
below.
3. This Hillside Development Permit is granted for a period of one (1) year
retroactively from May 11,200O through May 11,2002.
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 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.
PC RESO NO. 5004 -2-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 6th day 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:
JEFFRE N. SEGALL. Chaimerson
CARLSBAD PLANNING COMMISSION
PC RESO NO. 5004 -3-