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HomeMy WebLinkAbout2004-02-18; Planning Commission; Resolution 55671 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. 5567 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A RETROACTIVE ONE-YEAR EXTENSION OF CARLSBAD TRACT CT 98-10x1 GENERALLY LOCATED NORTH OF PALOMAR AIRPORT ROAD BETWEEN MELROSE DRIVE AND BUSINESS PARK DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 18. CASE NAME: CARLSBAD RACEWAY BUSINESS PARK CASE NO.: CT 98-10x1 WHEREAS, LSOF Carlsbad Land L.P., a Texas Limited Partnership, “Developer/Owner,” has filed a verified application with the City of Carlsbad regarding property described as: Parcel 1: The southeast quarter of the northwest quarter of Section 18, Township 12 South, Range 3 west, San Bernardino Meridian, in the City of Carlsbad, County of San Diego, State of California, according to the official plat thereof, excepting therefrom one-half of all minerals in, on or under said land as reserved by Burton D. Hightower, a widower, in deed recorded May 19,1959, in Book 7669, Page 361 of official records. Parcel 2: The southwest quarter of the northwest quarter (Lot 2) of Section 18, Township 12 South, Range 3 West, San Bernardino Meridian, in the City of Carlsbad, County of San Diego, State of California, according to the official plat thereof, excepting therefrom one-half of all minerals in, on or under said land as reserved by Burton D Hightower, a widower, in deed recorded May 19,1959 in Book 7669, Page 361, of official records. Parcel 3A: Lot 2, Section 13, Township 12 South, Range 4 West, San Bernardino Meridian, in the City of Carlsbad, County of San Diego, State of California, according to the official plat thereof. Parcel 3B: An easement for public road and utility purposes over, under, along and across the following described real property, in the City of Carlsbad, County of San Diego, State of California, particularly described as follows: Those portions of Lot 3 in Section 13, Township 12 South, Range 4 West and of Lot 3 in Section 18, Township 12 South, Range 3 West, San Bernardino Meridian, in the County of San Diego, State of California, lying within a strip of land 60 feet wide, 30 feet wide on each side of the center line. 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 Parcel 4: The southwest quarter of the northeast quarter of Section 18, Township 12 South, Range 3 West, San Bernardino Base and Meridian, in the City of Carlsbad, County of San Diego, State of California, according to the official plat thereof, excepting therefrom one-half of all mineral in, on or under said land as reserved by Burton D Hightower, a widower, in deed recorded May 19, 1959, in Book 7669, Page 361 of official records (“the Property”); and WHEREAS, said verified application constitutes a request for a Tentative Tract Map Extension as shown on Exhibit “A” - “CC” dated October 17, 2003, on file in the Planning Department CARLSBAD RACEWAY BUSINESS PARK - CT 98-10x1, as provided by Chapter 20.12 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 18th day of February 2004, 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 October 17,2001, the Planning Commission approved, CT 98- 10, as described and conditioned in Planning Commission Resolution No. 5028. 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 CARLSBAD RACEWAY BUSINESS PARK MAP EXTENSION - CT 98-10x1, based on the following findings and subject to the following conditions: Findings: 1. PC RES0 NO. 5567 -2- All of the findings contained in Planning Commission Resolution No. 5028 dated October 17,2001 for CT 98-10 are incorporated herein by reference and remain in effect. 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 2. That a one-year extension is appropriate and necessary for this project due to delays in financing and formation of a facility district for major improvements. Conditions: 1. This approval is granted subject to all conditions contained in Planning Commission Resolution No. 5028. 2. This Tentative Map is granted for a period of one (1) year retroactively from October 17,2003 through October 16,2004. 3. Condition No. 61 of Planning Commission Resolution 5028 shall be modified to include: F. Prior to approval of the final map, the Developer shall provide for the installation or modification of traffic signals at the following intersections to the satisfaction of the City Engineer: A) B) Palomar Airport Road and Melrose Drive Poinsettia Lane (Street B) and Melrose Drive The installatiordmodifications shall include but not be limited to: signal poles, mast arms, pedestrian controls, audible alarms, video detection and signal hardware and software as required to accommodate the proposed lane configurations identified in the traffic report for this project. 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 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. 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. PC RES0 NO. 5567 -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 2: 2t 2; 2t PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 18th day of February 2004, by the following vote, to wit: AYES: Chairperson White , Commissioners Baker, Heineman, Montgomery, and Whitton NOES: None ABSENT: Commissioners Dominguez and Segall ABSTAIN: None MELISSA WHITE, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. &&,ZMI&ER Planning Director PC RES0 NO. 5567 -4-