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HomeMy WebLinkAbout2004-11-03; Planning Commission; Resolution 57741 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. 5774 A RESOLUTION OF THE PLANNING COMMISSION OF THE YEAR EXTENSION OF HILLSIDE DEVELOPMENT PERMIT OF SALK AVENUE AND WEST OF EL CAMINO REAL IN LOCAL FACILITIES MANAGEMENT ZONE 5. CASE NAME: FOX MILLER PROPERTY CITY OF CARLSBAD, CALIFORNIA, APPROVING A ONE- HDP 00-11 ON PROPERTY GENERALLY LOCATED EAST CASE NO: HDP 00-1 1x1 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 Hillside Development Permit Extension as shown on Exhibits “A” - “N” dated July 17,2002, on file in the Carlsbad Planning Department, FOX MILLER PROPERTY - HDP 00-11, as provided by Chapter 21.95 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 3rd day of November 2004, consider said request; and WHEREAS, at said hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Hillside Development Permit Extension; and WHEREAS, on September 4, 2002, the Planning Commission approved, HDP 00-11, as described and conditioned in Planning Commission Resolution No. 5242. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: 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 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 - HDP 00-11x1 based on the following findings and subject to the following conditions: Findings: 1. All the findings contained in Planning Commission Resolution No. 5242, dated September 4,2002, for HDP 00-11 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. Conditions: 1. This approval is granted subject to the approval of CT 00-20x1 and SUP 00-10x1 and is subject to all conditions contained in Planning Commission Resolutions No. 5773 and 5775 for those other approvals. 2. All the conditions contained in Planning Commission Resolution No. 5242, dated September 4,2002, for HDP 00-11 are incorporated herein by reference and remain in effect. 3. This Hillside Development Permit is granted for a period of one (1) year retroactively from September 5,2004 through September 4,2005. 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 final 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. 5774 -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 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 DRANK H. WHITTON, Chairperson CAIUSBAD PLANNING COMMISSION ATTEST: Planning Director PC RES0 NO. 5774 -3 -