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HomeMy WebLinkAbout2002-06-19; Planning Commission; Resolution 52151 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. 5215 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A RETROACTIVE TWO-YEAR EXTENSION OF CARLSBAD TRACT NUMBER CT 98-16 ON PROPERTY GENERALLY LOCATED NORTH OF BUENA VISTA WAY BETWEEN ARLAND ROAD AND WILSON STREET IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: WORTHING SUBDIVISION CASE NO.: CT 98-16x1 WHEREAS, Brooks and Pamela Worthing, “Developer”/“Owner,” has filed a verified application with the City of Carlsbad regarding property described as: Portions of Lots 3 and 4 of the Wilsonia Tract in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 169 filed in the Office of the County Recorder of San Diego County, August 13, 1929. (“the Property”); and WHEREAS, said verified application constitutes a request for a Tentative Tract Map as shown on Exhibit “A” dated June 19, 2002, on file in the Planning Department WORTHING SUBDMSION EXTENSION - CT 98-16x1, as provided by Chapter 20.12 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 19th day of June, 2002, 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. WHEREAS, on June 2,1999, the Planning Commission approved, CT 98-16, as described and conditioned in Planning Commission Resolution No. 4557. 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. 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 B) That based on the evidence presented at the public hearing, the Commission APPROVES WORTHING SUBDIVISION EXTENSION - CT 98-16x1, based on the following findings and subject to the following conditions: Findinw: 1. That the proposed tentative tract map extension is consistent with and satisfies all requirements of the General Plan, Titles 20 and 21 of the Carlsbad Municipal Code, and the State Subdivision Map Act, and will not cause serious public health problems, in that the proposed two-year time extension will permit sufficient time to process a final map. 2. That findings 1-21 of Planning Commission Resolution 4557 for CT 98-16 remain applicable to the proposed tentative tract map extension and are incorporated herein by reference. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final map. 1. The project is subject to all conditions imposed by Planning Commission Resolution No. 4557 and Mitigated Negative Declaration dated May 19, 2000 which are incorporated herein by reference. 2. Developer shall comply with the City's requirements of the National Pollutant Discharge Elimination System (NPDES) permit, latest version. Developer shall provide improvements constructed pursuant to best management practices as referenced in the "California Storm Water Best Management Practices Handbook" to reduce surface pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such improvements shall be submitted to and subject to the approval of the City Engineer. Said plans shall include but not be limited to notifying prospective owners and tenants of the following: A. All owners and tenants shall coordinate efforts to establish or work with established disposal programs to remove and properly dispose of toxic and hazardous waste products. B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze, solvents, paints, paint thinners, wood preservatives, and other such fluids shall not be discharged into any street, public or private, or into storm drain or storm water conveyance systems. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers and other such chemical treatments shall meet Federal, State, County and City requirements as prescribed in their respective containers. C. Best Management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements. PC RES0 NO. 5215 -2- 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 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 feedexactions 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 feedexactions 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 19th day of June, 2002, by the following vote, to wit: AYES: Chairperson Trigas, Commissioners Baker, Dominguez, Heineman, Segall, White, and Whitton NOES: None ABSENT: ’ None ABSTAIN: None CARLSBAD PLANNING COMMISSION ATTEST: Planning Director PC RES0 NO. 52 15 -3-