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-