HomeMy WebLinkAbout2001-06-20; Planning Commission; Resolution 49761
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PLANNING COMMISSION RESOLUTION NO. 4976
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.
CASE NAME: MAGNOLIA SUBDIVISION PHASE II
EXTENSION
CASE NO.: SDP 97-26x 1
WHEREAS, Michael D. O’Gara, “Developer,” has filed 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 Site Development
Plan Extension as shown on Exhibit “A” dated July 1, 1998, on file in the Planning
Department, MAGNOLIA SUBDIVISION - SDP 97-26X1 as provided by Chapter
2 1.06Section 2 1.53.120 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 all persons desiring to be heard, said Commission considered all factors
relating to the Site Development Plan Extension.
WHEREAS, on July 1, 1998, the Planning Commission approved, SDP 97-26,
as described and conditioned in Planning Commission Resolution No. 4285.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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 Planning
Commission APPROVES MAGNOLIA SUBDIVISION PHASE II
EXTENSION - SDP 97-26x1 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. 4285 dated
July 1, 1998 for SDP 97-26 are incorporated herein by reference and remain in
effect.
Conditions:
1. This approval is granted subject to the approval of CT 97-23x1 and is subject to all
conditions contained in Planning Commission Resolution No. 4934 for that other
approval.
2. All of the conditions contained in Planning Commission Resolution No. 4285 dated
July 1, 1998 for SDP 97-26 are incorporated herein by reference and remain in
effect.
3. This approval shall become null and void if building permits are not issued for this
project by July 1,2002.
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. 4976 -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 20th day 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:
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. H%ZMtiER
Planning Director
PC RESO NO. 4976 -3-