HomeMy WebLinkAbout1990-10-02; City Council; Resolution 90-3581
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RESOLUTION NO. 90-358
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A CONDITIONAL NEGATIVE DECLARATION, TENTATIVE SUBDIVISION MAP (CT 89-39), PLANNED UNIT DEVELOPMENT PERMIT (PUD 89-19), AND TWO STANDARDS VARIANCES (SV 90-3) AND (SV 90-4) FOR A 108 UNIT CONDOMINIUM PROJECT ON 26 ACRES OF LAND GENERALLY LOCATED AT THE SOUTHEAST CORNER OF ALGA ROAD AND BLACK RAIL COURT - AVIARA PLANNING AREA 12
WHEREAS, on August 15, 1990 the Carlsbad P1z
Commission adopted Resolutions Nos. 3081, 3082, 3083, 3092 an(
recommending to the City Council that the mitigated Ne?
Declaration, Tentative Subdivision Map CT 89-39, Planned
Development PUD 89-19, Standards Variance SV 90-3 and Star
Variance SV 90-4, respectively, be approved; and
WHEREAS, the City Council of the City of Carlsba
September 18, 1990 held a public hearing to consider
recommendations and heard all persons interested in or oppos
CT 89-39, PUD 89-19, SV 90-3 and SV 90-4; and
WHEREAS, a mitigated Negative Declaration was issc
July 5, 1990 and submitted to the State Clearinghouse for a Z
review period. All comments received from that review peric
fully incorporated into the conditions of approval fox
tentative map. These conditions will be reviewed throl
monitoring program set up for the project.
NOW, THEREFORE, BE IT RESOLVED by the City Council c
City of Carlsbad, California, as follows:
1. That the above recitations are true and correc
2. That the mitigated negative declaration on the
referenced project is approved and that the findings and condi
of the Planning Commission contained in Resolution No. 3081 IT
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Exhibit A attached hereto are the findings and conditions c
City Council.
3. That the tentative subdivision map of this pr
(CT 89-19) is approved and that the findings and conditions c
Planning Commission contained in Resolution No. 3082 marked EE
B and attached hereto are the findings and conditions of thc
Council except as amended and with the additional conditio
follows:
1. The findings and conditions of Planning Commission Resol
No. 3082 are revised as follows:
a. Finding 9, last sentence: Mello I1 should be Mellc
b. Condition 6, eighth sentence: 1987 should be 1989.
c. Condition 41: Mello I1 should be Mello I.
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f. Delete Condition 81. glrnd z"I 16
e. Condition 67: In second sentence insert word "appr z>*z
53:s condition. Klzg l3
d. Condition 44: Add "prior to final map" to the end c
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17 2. The subdivision is subject to the additional conditio:
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a. Any phasing of this project shall be to the approv the City Engineer and the Planning Director.
b. This project shall have a total of nine lots. Lo recreation area as shown on the tentative map sha combined with Lot r161g. The open space lots sha: renumbered Lot 7, 8 and 9. These changes shall be on the approved tentative map.
c. The following areas shall be granted as covenanl easement to all owners of condominium units (no1 Homeowners' Association). These covenants for ease shall be conveyed by separate document and rec concurrent with the final map.
1. A common area in perpetuity as a covenant ru with the land over the area shown as Lot Ir7Ir o tentative map, being the common area
recreational purposes.
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2. A common area in perpetuity as a covenant rl with the land over all paved areas and sidet except individual concrete driveways beinc common area for vehicular access, parkinc private utilities.
3, A common area in perpetuity as a covenant r\ with the land over Lots 1 through 6 incll being the common areas.
These covenants for easement shall be binding upc successors, assigns and transfers of covenantor.
d. The three open space lots - Lots 7, 8 and 9, sha
deeded over to the Aviara Master Association conct
with final map recordation per the agreement betwec developer and Hillman Properties.
4. Planned Unit Development Permit PUD 80-19 is apy
and that the findings and conditions of the Planning Commi
contained in Resolution No. 3083 marked Exhibit C and att
ll
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hereto are the findings and conditions of the City Council e
findings number 4 and 5 are deleted.
5. That Standards Variances for the project, SV 90-
SV 90-4, are approved and that the findings and conditions o
Planning Commission contained in Resolution Nos. 3092 and 30
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marked Exhibit D and Exhibit E and attached hereto are the fir
and conditions of the City Council.
PASSED, APPROVED AND ADOPTED at a Regular Meeting c
City Council of the City of Carlsbad on the 2nd day of 2
1990, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Larson, Mamaux anc
NOES: None
ABSENT : None
Pet t ine
ATTEST :
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