HomeMy WebLinkAbout2001-06-20; Planning Commission; Resolution 49341
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AMENDED
PLANNING COMMISSION RESOLUTION NO. 4934
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A TWO-
YEAR EXTENSION FOR PHASE II OF THE MAGNOLIA
SUBDIVISION ON PROPERTY GENERALLY LOCATED ON
THE NORTHWEST CORNER OF THE INTERSECTION OF
MAGNOLIA AVENUE AND ADAMS STREET IN LOCAL FACILITIES MANAGEMENT ZONE 1.
CASENAME: MAGNOLIA SUBDIVISION PHASE II
EXTENSION
CASE NO.: CT 97-23x1
WHEREAS Michael D. O’Gara, “Developer”, has tiled a verified application
with the City of Carlsbad regarding property owned by Ettore S. Bertagnolli and Geraldine
Bertagnolli, husband and wife as joint tenants, “Owner,“described as:
A portion of Lots 13 and 17, Block “B” per map 2027
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Tentative Tract
Map Extension as shown on Exhibit “A” dated July 1,1998, on tile in the Planning Department
MAGNOLIA SUBDIVISION PHASE II EXTENSION - CT 97-23x1, as provided by Title 20
of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 16th day of May 2001 and on
the 20th 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 July 1, 1998, the Planning Commission approved CT 97-23 as
described and conditioned in Planning Commission Resolution No. 4284.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
4 That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the
Commission APPROVES MAGNOLIA SUBDIVISION PHASE II
EXTENSION - CT 97-23x1 retroactive to July 1, 2000 based on the
following findings and subject to the following conditions.
Findings:
1. All of the findings contained in Planning Commission Resolution No. 4284 dated
July 1,199s for CT 97-23 are incorporated herein by reference and remain in effect.
2. That a two-year extension is appropriate and necessary for this project because the
applicant made a timely application for extension of CT 97-23 and SDP 97-26 and
the applicant is an individual builder rather than a large development company and
must, therefore, build only one unit at a time, resulting in a need for a longer time
period in which to complete the project.
Conditions:
1. This approval is granted subject to the approval of SDP 97-26x1 and is subject to all conditions contained in Planning Commission Resolution No. 4976 for that other
approval.
2. All of the conditions contained in Planning Commission Resolution No. 4284 dated
July 1,199s for CT 97-23 are incorporated herein by reference and remain in effect
except for condition No. 13, which is replaced by Condition No. 3 below, and except
for Code Reminder No. 53, which is replaced by new Condition No. 3 in Planning
Commission Resolution No. 4976 for SDP 97-26x1.
3. Prior to the approval of the final map for Phase II of this project the Developer shall
amend his Affordable Housing Agreement with the City to provide and deed restrict
2 dwelling units (including: one second dwelling unit on Lot 7 and one second
dwelling unit on Lot 6) as affordable to lower-income households for the useful life
of the dwelling units, in accordance with the requirements and process set forth in
Chapter 21.85 of the Carlsbad Municipal Code. The draft Amended Affordable
Housing Agreement shall be submitted to the Planning Director no later than 60
days prior to the request to final the map. The recorded Amended Affordable
Housing Agreement shall he binding on all future owners and successors in interest.
. . .
. . .
. . .
PC RESO NO. 4934 -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 tile 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 20th of June 2001, by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Heineman, Nielsen,
and Trigas
NOES:
ABSENT: Commissioners Compas and L’Heureux
ABSTAIN:
ATTEST:
MICHAEL JxOLi!XfILLER
Planning Director
PC RESO NO. 4934 -3-