HomeMy WebLinkAbout2004-11-03; Planning Commission; Resolution 57751
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PLANNING COMMISSION RESOLUTION NO. 5775
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A ONE-
YEAR EXTENSION OF SPECIAL USE PERMIT SUP 00- 10 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: SUP 00-10x1
WHEREAS, Fenton Carlsbad Research Center, LLC, a California Limited
Liability Company, “DevelopedOwner,” 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 Special Use
Permit Extension as shown on Exhibits “A” - “N” dated July 17,2002, on file in the Planning
Department FOX MILLER PROPERTY - SUP 00-10, as provided by Chapter 2 1.40/21.110 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 all persons desiring to be heard, said Commission considered all factors
relating to the Special Use Permit Extension; and
WHEREAS, on September 4, 2002, the Planning Commission approved, SUP
00-10, as described and conditioned in Planning Commission Resolution No. 5243.
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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 FOX MILLER PROPERTY - SUP 00-10x1, based on the
following findings and subject to the following conditions:
Findings:
1. All the findings contained in Planning Commission Resolution No. 5243, dated
September 4,2002, for SUP 00-10 are incorporated herein by reference and remain
in effect.
2. That a one-year extension is appropriate and would allow the ownerhpplicant to
preserve existing property entitlements while processing permits with the City of
Carlsbad and the California Department of Fish and Game.
Conditions:
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2.
3.
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This approval is granted subject to the approval of CT 00-20x1 and HDP 00-11x1 and is
subject to all conditions contained in Planning Commission Resolutions No. 5773 and
5774 for those other approvals.
All the conditions contained in Planning Commission Resolution No. 5243, dated
September 4,2002, for SUP 00-10 are incorporated herein by reference and remain
in effect.
This Special Use Permit is granted for a period of one (1) year retroactively from
September 5,2004 through September 4,2005.
PC RES0 NO. 5775 -2-
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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
“fee s/exac t ions. ”
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.
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. 5775 -3-