HomeMy WebLinkAbout2002-07-17; Planning Commission; Resolution 52631
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PLANNING COMMISSION RESOLUTION NO. 5263
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A ONE-
YEAR EXTENSION OF HDP 98-03x1 LOCATED 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: HDP 98-03x2
WHEREAS ADJ Holdings, LLC A California Limited Liability Company,
“Developer/”Owner,” has filed a verified application with the City of Carlsbad regarding
property described as
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 oMicia4 plat
thereof,
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Hillside
Development Permit extension as shown on Exhibit “A” dated June 6, 2001, on file in the
Carlsbad Planning Department, DEJONG PROPERTY MAP EXTENSION - HDP 98-03x2,
as provided by Chapter 21.95 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the 17th day of July 2002,
consider said request; and
WHEREAS, at said 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 Hillside Development Permit extension; and
WHEREAS, on May 11, 1999 the City Council previously approved HDP
98-03 as described and conditioned in Planning Commission Resolution No. 4507
WHEREAS, on June 6, 2001 the Planning Commission previously approved
HDP 98-03x1 as described and conditioned in Planning Commission Resolution No. 5004.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
A) That the foregoing recitations are true and correct.
€3) That based on the evidence presented at the public hearing, the Commission
APPROVES DEJONG PROPERTY MAP EXTENSION - HDP 98-03x2
based on the following findings and subject to the following conditions:
.-,
Findings:
1.
2.
3.
All of the findings contained in Planning Commission Resolution No. 4507 dated
April 7, 1999 for HDP 98-03 are incorporated herein by reference and remain in
effect.
All of the findings contained in Planning Commission Resolution No. 5004 dated
June 6, 2001 for HDP 98-03x1 are incorporated herein by reference and remain in
effect.
That a one-year extension is appropriate and necessary for this project due to
financial and design issues.
Conditions:
1. This approval is granted subject to the approval of CT 98-05x2 and CDP 98-26x2 and is
subject to all conditions contained in Planning Commission Resolution No. 5262 for
those other approvals.
2. All of the conditions contained in Planning Commission Resolution No. 5004 dated
June 6, 2001 for CT 98-05x1 are incorporated herein by reference and remain in
effect except for Condition number 3 which is replaced by new condition No. 3
below.
3. This Hillside Development Permit is granted for a period of one (1) year from May
11,2002 through May 11,2003.
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 feedexactions. 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.
PC RES0 NO. 5263 -2-
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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.
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, Chairpersbn
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 5263 -3-