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HomeMy WebLinkAbout2004-02-18; Planning Commission; Resolution 55681 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. 5568 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A RETROACTIVE ONE-YEAR EXTENSION OF CARLSBAD TRACT CT 99-06 GENERALLY LOCATED ON THE NORTH SIDE OF PALOMAR AIRPORT ROAD BETWEEN MELROSE DRIVE AND BUSINESS PARK DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 18. CASE NAME: PALOMAR FORUM CASE NO.: CT 99-06x1 WHEREAS, Palomar Forum Associates, Limited Partnership, “Developer/ Owner,” has filed a verified application with the City of Carlsbad regarding property described as: Portions of Sections 13 and 18, Township 12 South, Range 4 West, San Bernardino Meridian, and all that portion 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 plat thereof (“the Property”); and WHEREAS, said verified application constitutes a request for a Tentative Tract Map Extension as shown on Exhibit “A” - “C” dated October 17,2001, on file in the Planning Department PALOMAR FORUM - CT 99-06x1, 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 99- 06, as described and conditioned in Planning Commission Resolution No. 5034. 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 APPROVES PALOMAR FORUM - CT 99-06x1, based on the following findings and subject to the following conditions: Findinps: 1. All of the findings contained in Planning Commission Resolution No. 5034 dated October 17, 2001 for CT 99-06 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 financing and formation of facility district for major improvements. Conditions: 1. This approval is granted subject to all conditions contained in Planning Commission Resolution No. 5034. 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. 57 of Planning Commission Resolution shall be modified to include: I. 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 Paseo Valindo (Street A) and Palomar Airport Road The installation/modifications 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 .” PC RES0 NO. 5568 -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 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. 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. $&I2lkkLER Planning Director PC RES0 NO. 5568 -3-