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HomeMy WebLinkAbout2005-08-03; Planning Commission; Resolution 59361 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. 5936 A RESOLUTION OF THE PLANNING COMMISSION OF THE YEAR MAP EXTENSION OF CARLSBAD TRACT NUMBER PROPERTY GENEWLY LOCATED EAST 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- CT 00-20 TO SUBDIVIDE 53.65 ACRES INTO FIVE LOTS ON CASE NO.: CT 00-20~2(A) 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” - “L” dated August 3,2005, 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 August 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 Extension; and WHEREAS, on September 4, 2002, the Planning Commission approved, CT 00-20, as described and conditioned in Planning Commission Resolution No. 5240; and WHEREAS, on November 3, 2004, the Planning Commission approved, CT 00-20x1, as described and conditioned in Planning Commission Resolution No. 581 1. 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 FOX MILLER PROPERTY - CT 00-20x2(A), based on the following findings and subject to the following conditions: Findinm: 1. All the findings contained in Planning Commission Resolution No. 5811 dated November 3,2004 for CT 00-20x1 are incorporated herein by reference and remain in effect. 2. That a one-year extension is appropriate because of new information regarding sensitive habitats and would allow the owner/applicant to preserve existing property entitlements while diligently pursuing permits with the City of Carlsbad and the California Department of Fish and Game. 3. The design and improvements of the subdivision are consistent with the General Plan, Title 20 and 21 and any public facility or Growth Management policies in existence at the time of the map extension. 4. That all other related permits or approvals issued pursuant to Title 21 have been extended to expire concurrent with the tentative map and are consistent with the requirements of Title 21 at the time of the map extension. Conditions: 1. This approval is granted subject to the approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, HDP 00-11x2(A), SUP 00- 1Ox2(A), and HMPP 05-05 and is subject to all conditions contained in Planning Commission Resolutions No. 5935,5937,5938 and 5939 for those other approvals. 2. All the conditions contained in Planning Commission Resolution No. 5811 dated November 3,2004 for CT 00-20x1 are incorporated herein by reference and remain in effect. 3. This Tentative Map is granted for a period of one (1) year from September 5,2005 through September 4,2006. 4. Prior to building permit issuance for the retaining wall, the developer shall provide the Planning Department with an elevation of the entire wall and a 6-foot by 6-foot sample of the proposed wall showing the color and texture proposed for the vertical retaining wall along El Camino Real to be reviewed and approved by the Planning Director. The retaining wall shall represent the natural color and stratigraphy of PC RES0 NO. 5936 -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 the existing cut slope condition. The Planning Director shall review and approve of the initial color and texture application to the retaining wall structure. 5. The retaining wall structure along El Camino Real shall be treated with a graffiti resistant sealer. 6. Prior to grading, the developer shall install a construction fence around the habitat areas proposed for preservation to reduce the impact to habitat preservation areas. 7. The developer shall install a plaque adjacent to the roadside geology cuts adequate in size to describe the geologic and paleontological significance of the site. The text shall be reviewed and approved by the Planning Director, with consultation provided by the San Diego Natural History Museum. Engineering: 8. 9. ... ... ... ... ... ... ... ... ... ... ... ... Prior to grading permit issuance, developer shall obtain approval from the City Engineer and Planning Director of the Performance Technical Specifications for the design and construction of the soil nail retaining wall along El Camino Real. Prior to building permit issuance for the soil nail retaining wall along El Camino Real, developer shall obtain approval from the City Engineer of a Traffic Control Plan to control traffic circulation along the project frontage during construction. PC RES0 NO. 5936 -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 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 fees/exactions 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 August, 2005 by the following vote, to wit: AYES: Chairperson Segall, Commissioners Baker, Cardosa, Dominguez, Heineman, Montgomery, and Whitton NOES: ABSENT: ABSTAIN: Q45, JEFFRE . SEGALL, airperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Assistant Planning Director PC RES0 NO. 5936 -4-