HomeMy WebLinkAbout2002-10-02; Planning Commission; Resolution 52821
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PLANNING COMMISSION RESOLUTION NO. 5282
A RESOLUTION OF THE PLANNING COMMISSION OF THE
YEAR EXTENSION OF TlME FOR A TENTATIVE MAP AND
SITE DEVELOPMENT PLAN.
CITY OF CARLSBAD, CALIFORNIA, APPROVING A ONE-
CASENAME: MAGNOLIA SUBDIVISION - PHASE II
EXTENSION
CASE NO.: CT 97-23~21SDP 97-26x2
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 ‘rBt’ per map 2027
(“the Property’); and
WHEREAS, said verified application constitutes a request for a Tentative Tract
Map Extension as shown on Exhibit “Ar’ dated July 1,1998, on file in the Planning Department
MAGNOLIA SUBDIVISION PHASE I1 EXTENSION - CT 97-23x2/SDP 97-26x2, as
provided by Chapter 20.12 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 18th day of September, 2002
and on the 2nd day of October 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 July 1,1998, the Planning Commission approved MAGNOLIA
SUBDIVISION - CT 97-23/SDP 97-26, as described and conditioned in Planning Commission
Resolutions No. 4283,4284, and 4285.
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WHEREAS, on June 20, 2001, the Planning Commission approved
MAGNOLIA SUBDIVISION PHASE I1 EXTENSION - CT 97-23~1/SDP 97-26x1, a~
described and conditioned in Planning Commission Resolutions No. 4975,4934, and 4976.
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 APPROVES MAGNOLIA SUBDIVISION PHASE I1
EXTENSION CT 97-23x2/SDP 97-26x2 based on the following findings
and subject to the following conditions.
Findings:
1.
2.
3.
4.
5.
6.
All of the findings contained in Planning Commission Resolutions No. 4283, 4284,
and 4285 dated July 1, 1998 for MAGNOLIA SUBDIVISION CT 97-23/SDP 97-26
are hereby incorporated by reference.
All of the findings contained in Planning Commission Resolutions No. 4975, 4934,
and 4976 dated June 20,2001 for MAGNOLIA SUBDIVISION CT 97-23xUSDP 97-
26x1 are hereby incorporated by reference.
The design and improvements of this subdivision are consistent with the City's
General Plan and with the City's Subdivision Regulations and Zoning Regulations
(Titles 20 and 21 of the Carlsbad Municipal Code) and with the Local Facilities
Management Plan for Zone 1.
All related permits or approvals issued pursuant to Title 21 (i.e., CT 97-23x1) are
being extended to expire concurrent with the tentative map and all such permits and
approvals as extended are consistent with the requirements of Title 21 of the
Carlsbad Municipal Code.
A one-year time extension is appropriate and necessary for this project in that the
applicant has made a timely application for extension of CT 97-23x1 and SDP 97-
26x1, and the applicant is an individual builder who must build only one unit at a
time, resulting in a need for a longer time period in which to complete the project,
and the applicant is diligently pursuing those acts required to obtain a final map for
the subdivision.
The Planning Director has determined that the project is a project for which a Negative
Declaration was previously adopted and that no changed circumstances or conditions
AMENDED PC RES0 NO. 5282 -2-
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exist and no new information exists which would result in the identification of new or
increased environmental impacts.
Conditions:
1. All of the conditions contained in Planning Commission Resolutions No. 4283,4284,
and 4285 dated July 1,1998 for MAGNOLIA SUBDIVISION CT 97-23/SDP 97-26
and Planning Commission Resolutions No. 4975, 4934, and 4976 for MAGNOLIA
SUBDIVISION PHASE I1 EXTENSION CT 97-23xlBDP 97-26x1 are hereby
incorporated by reference except as amended below.
2. Condition No. 3 of Resolution No. 4976 dated June 20, 2001 for SDP 97-26x1 is
deleted.
3. This approval shall become null and void if a Final Map is not approved for this project
by July 1,2003.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 2nd day of October, 2002, by the
following vote, to wit:
AYES: Commissioners Baker, Heineman, Segall, Trigas, White, and
Whitton
NOES: None
ABSENT: Commissioner Dominguez
ABSTAIN: None
SEENA TRIGAS, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
AMENDED PC RES0 NO. 5282 -3-