HomeMy WebLinkAbout2005-08-03; Planning Commission; Resolution 59361
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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.
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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 - 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-
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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:
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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 -
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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
“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-