Loading...
HomeMy WebLinkAbout2001-06-20; Planning Commission; Resolution 49761 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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- 9 10 11 12 13 14 15 16 17 18 19 20 21 23 2: 2’ 2r 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-