HomeMy WebLinkAbout2005-01-19; Planning Commission; Resolution 58111
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
ia
19
20
21
22
23
24
25
2f
2;
28
PLANNING COMMISSION RESOLUTION NO. 5811
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING AN
SUBDIVIDE 53.65 ACRES INTO FIVE LOTS ON PROPERTY
GENERALLY LOCATED WEST OF EL CAMINO REAL,
NORTH OF FARADAY AVENUE AND SOUTH OF COLLEGE
BOULEVARD.
CASE NAME: FOX MILLER PROPERTY
AMENDMENT TO CARLSBAD TRACT CT 00-20x1 TO
CASE NO.: CT 00-20~1A
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 Amendment 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 19th day of January 2005,
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; and
WHEREAS, on September 4, 2002, the Planning Commission approved, CT
00-20, as described and conditioned in Planning Commission Resolution No. 5240; and
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
WHEREAS, on November 3, 2004, the Planning Commission approved, CT
00-20x1, as described and conditioned in Planning Commission Resolution No. 5773.
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 - CT 00-20xlA, based on the
following findings and subject to the following conditions:
Findinm :
1.
2.
3.
4.
5.
All the findings contained in Planning Commission Resolution No. 5773, dated
November 3,2004, for CT 00-20x1 are incorporated herein by reference and remain
in effect.
That the modified condition to allow the fulfillment of a United States Fish and
Wildlife permit prior to grading permit instead of prior to final map recordation is
equivalent in mitigating or avoiding potential significant effects and that in itself
will not cause any potentially significant impacts on the environment.
That the revision of the condition to construct Salk Avenue clarifies the requirement
and does not modify the project.
That the environmental impacts of the project were previously analyzed during the
approval of the Mitigated Negative Declaration and the new conditions are
equivalent to the previous conditions and will create no more adverse effects on its
own than would have the original measures.
The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed
to mitigate impacts caused by or reasonably related to the project, and the extent and the
degree of the exaction is in rough proportionality to the impact caused by the project.
Conditions:
1. All the conditions contained in Planning Commission Resolution No. 5773, dated
November 3,2004, for CT 00-20x1 are incorporated herein by reference and remain
in effect, except for Condition No. 19 and 44(Item 3) of Planning Commission
Resolution No. 5240, which is replaced by new condition 2 and 3, respectively,
below.
PC RES0 NO. 581 1 -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
2.
3.
4.
...
...
...
...
...
...
...
...
...
...
...
...
...
...
...
...
...
...
...
Prior to approval of the grading permit, the Developer shall: 1) consult with the United
States Fish and Wildlife Service (USFWS) regarding the impacts of the Project; and, 2)
obtain any permits required by the USFWS.
Salk Avenue to industrial street standards from El Camino Real to its existing
terminus.
This approval is granted subject to the approval of HMP 05-01 and is subject to all
conditions contained in Planning Commission Resolutions No. 5842 for those other
approvals incorporated herein by reference.
PC RES0 NO. 581 1 -3-
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
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 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 19th day of January 2005, by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Cardosa, Dominguez,
Heineman, Montgomery and Whitton
NOES:
ABSENT:
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Assistant Planning Director
PC RES0 NO. 581 1 -4-