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HomeMy WebLinkAbout2002-07-17; Planning Commission; Resolution 52621 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. 5262 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A ONE 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.: CT 98-05x2 WHEREAS, ADJ Holdings, LLC, A California Limited Liability Company, “Developer and Owner,” has filed a verified application with the City of Carlsbad regarding property described as: YEAR EXTENSION OF CT 98-05x1 GENERALLY LOCATED 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 Tentative Tract Map Extension as shown on Exhibit “A” dated July 17, 2002, on file in the Planning Department DEJONG PROPERTY MAP EXTENSION - CT 98-05x2, as provided by Chapter 20.12 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 17th day of July 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 Extension and, WHEREAS, on May 11, 1999, the City Council approved, CT 98-05, as described and conditioned in Planning Commission Resolution No. 4506 and, WHEREAS, on June 6,2001, the Planning Commission approved, CT 98-05x1, as described and conditioned in Planning Commission Resolution No. 4986. 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 Commission APPROVED DEJONG PROPERTY MAP EXTENSION - CT 98-05x2, based on the following findings and subject to the following conditions: FindinPs: 1. All of the findings contained in Planning Commission Resolution No. 4986 dated June 6, 2001 for CT 98-05x1 are incorporated herein by reference and remain in effect. 2. That a one-year extension is appropriate and necessary for this project due to delays in processing caused by solvency of Bridge and Thoroughfare District No. 2 and right-of-way acquisition of Poinsettia Lane. Conditions: 1. 2. 3. 4. 5. This approval is granted subject to the approval of HDP 98-03x2 and CDP 98-26x2 and is subject to all conditions contained in Planning Commission Resolution No. 5263 for those other approvals. All of the conditions contained in Planning Commission Resolution No. 4986 dated June 6, 2002 for CT 98-05x1 are incorporated herein by reference and remain in effect except for Condition No. 4, which is replaced by new condition No. 4 and the addition of Condition No. 5 below. This Tentative Map is granted for a period of one (1) year retroactively from May 11,2002 through May 11,2003. Prior to the issuance of building permits, the Developer/Owner shall pay their project’s fair share contribution for the Bridge and Thoroughfare District No. 2 (B&TD#2) by paying the current fee as established per the City of Carlsbad Updated Fee Study Report for Bridge and Thoroughfare District No. 2 (Aviara Parkway-Poinsettia Lane), dated March 4,2002. Prior to the issuance of grading permit or building permit, whichever occurs first, the applicant shall submit for City approval a “Storm Water Management Plan (SWMP)”. The SWMP shall be in compliance with current City requirements. The SWMP shall address measures to reduce to the maximum extent possible storm water pollutant runoff at both construction and post-construction phases of the project. At a minimum, the Plan shall: A. Identify existing and post-development on-site pollutants. PC RES0 NO. 5262 -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 B. Recommend source control Best Management Practices (BMPs) to treat said pollutants. C. Establish specific procedures for handling spills and routine clean up. Special considerations and effort shall be applied to resident education on the proper procedures for handling clean up and disposal of pollutants. D. Ensure long-term maintenance of all post construct BMPs in perpetuity. Identify how post-development runoff rates and velocities from the site will not exceed the pre-development runoff rates and velocities for a 10-year, 6-hour storm event. If maintaining post-development rates at pre-development levels cannot be achieved, adequate justification subject to the City Engineer’s approval must be provided. 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 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 RES0 NO. 5262 -3- 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 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 17th day of July 2002, ,by the following vote, to wit: AYES: Chairperson Trigas, Commissioners Baker, Dominguez, Heineman, White, and Whitton NOES: None ABSENT: Commissioner Segall ABSTAIN: None \]-* SEENA TRIGAS, Chairpersod CARLSBAD PLANNING COMMISSION ATTEST: Planning Director PC RES0 NO. 5262 -4-