HomeMy WebLinkAbout2004-11-03; Planning Commission; Resolution 57731
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PLANNING COMMISSION RESOLUTION NO. 5773
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A ONE-
YEAR MAP EXTENSION OF CARLSBAD TRACT CT 00-20
TO SUBDIVIDE 53.65 ACRES INTO FIVE LOTS ON
PROPERTY GENERALLY LOCATED EAST OF SALK
AVENUE AND WEST OF EL CAMINO REAL IN LOCAL
FACILITIES MANAGEMENT ZONE 5
CASE NAME: FOX MILLER PROPERTY
CASE NO.: CT 00-20x1
WHEREAS, Fenton Carlsbad Research Center, LLC, a California Limited
Liability Company, “Developer/Owner,” has filed a verified application with the City of
Carlsbad regarding property described as
That portion of Lot “F” of Rancho Agua Hedionda, County of
San Diego, State of California, according to map thereof No.
823, filed in the office of the County Recorder of San Diego
County, November 16, 1896, described in a grant deed
recorded August 13,1992, as Document Number 1992-0512626
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Tentative Tract
Map Extension as shown on Exhibits “A” - “N” dated July 17, 2002, on file in the Planning
Department FOX MILLER PROPERTY - CT 00-20, as provided by Chapter 20.12 of the
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 3rd day of November 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 September 4, 2002, the Planning Commission approved, CT
00-20, as described and conditioned in Planning Commission Resolution No. 5240.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
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A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
APPROVES FOX MILLER PROPERTY - CT 00-20x1, based on the
following findings and subject to the following conditions:
Findinm:
1. All the findings contained in Planning Commission Resolution No. 5240, dated
September 4, 2002, for CT 00-20 are incorporated herein by reference and remain
in effect.
2. That a one-year extension is appropriate and would allow the owner/applicant to
preserve existing property entitlements while processing permits with the City of
Carlsbad and the California Department of Fish and Game.
3. The Planning Commission hereby finds that all development in Carlsbad benefits from
the Habitat Management Plan, which is a comprehensive conservation plan and
implementation program that will facilitate the preservation of biological diversity and
provide for effective protection and conservation of wildlife and plant species while
continuing to allow compatible development in accordance with Carlsbad’s Growth
Management Plan. Preservation of wildlife habitats and sensitive species is required by
the Open Space and Conservation Element of the City’s General Plan which provides for
the realization of the social, economic, aesthetic and environmental benefits fiom the
preservation of open space within an increasingly urban environment. Moreover, each
new development will contribute to the need for additional regional infrastructure that, in
turn, will adversely impact species and habitats. The In-Lieu Mitigation Fee imposed on
all new development within the City is essential to fund implementation of the City’s
Habitat Management Plan.
Conditions:
1. This approval is granted subject to the approval of HDP 00-11x1 and SUP 00-10x1 and
is subject to all conditions contained in Planning Commission Resolutions No. 5774 and
5775 for those other approvals.
2. All the conditions contained in Planning Commission Resolution No. 5240, dated
September 4, 2002, for CT 00-20 are incorporated herein by reference and remain
in effect, except for Condition No. 68, which is replaced by new condition 3 below.
3. This Tentative Map is granted for a period of one (1) year retroactively from
September 5,2004 through September 4,2005.
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PC RES0 NO. 5773 -2-
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NOTICE
Please take OTICE 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 fees/exactions. 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 3rd day of November 2004, by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chairperson Whitton, Commissioners Baker, Cardosa, Dominguez,
Heineman, Montgomery and Segall
/FRANK H. WHITTON, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 5773 -3-