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Home My WebLink About1992-09-22; City Council; Resolution 92-296ll 0 0 1 2 3 4 5 6 7 RESOLUTION NO. 92-296 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A NEGATIVE DECLARATION FOR A TENTATIVE SUBDIVISION MAP (CT 92-5) , PLANNED UNIT DEVELOPMENT (PUD 92-6) AND SITE DEVELOPMENT PLAN (SDP 92-5) FOR A 58 UNIT MULTI-FAMILY RESIDENTIAL TOWNHOUSE PROJECT ON 6.28 ACRES OF LAND GENERALLY LOCATED ON THE NORTHWEST CORNER OF HARWICH DRIVE AND EDGEWARE WAY. APPLICANT: CALAVERA HILLS VILLAGE llL-lll CASE NO: CT 92-5/PUD 92-6/SDP 92-5 ~ 8 9 10 11 WHEREAS, on July 15, 1992 the Carlsbad Planning Commission held a duly noticed public hearing to consider a proposed Negative Declaration, Tentative Subdivision Map (CT 92-51, Planned Unit Development (PUD 92-6) and Site Development Plan (SDP 12 sm mug Yr, 13 %Eg ;E;% io45 14 ;tgc ion2 15 . 8 a- ,>m$ -czo >JZ isr? 16 E:$ p2 17 a01 00 - 18 92-5) for a 58 unit multi-family residential townhouse project and adopted Resolutions Nos. 3403, 3404, 3405 and 3406 respectively, recommending to the City Council that the Negative Declaration, Tentative Subdivision Map (CT 92-5), Planned Unit Development (PUD 92-6) and Site Development Plan (SDP 92-5) be approved: and WHEREAS, the City Council of the City of Carlsbad, on September 15, 1992 held a public hearing to consider the 19 20 recommendations and heard all persons interested in or opposed to CT 92-5/PUD 92-6/SDP 92-5; and 21 WHEREAS, a Negative Declaration was issued on April 30, 22 23 1992 and submitted to the State Clearinghouse for a 30 day review period. All comments received from that review period are fully 24 25 26 27 28 incorporated into the conditions of approval for the tentative map and other project approvals. These conditions will be reviewed through a monitoring program set up for the project: and WHEREAS, the Council finds that the project will generate additional pedestrians and school age children who need access to ii Hope Elementary'School and will travel along Harwich Drive, Glasgow /I 0 0 1 2 3 4 5 6 7 8 9 10 11 12 am 3tUz 2Zc.A 13 if%% io35 14 E:? 60J m> 608 tJZ :t5n: jOo2 15 . '6- :tm< .rrq6 16 jyro zc5 17 00 - 18 19 20 21 22 23 24 25 26 27 28 Drive and Carlsbad Village Drive to that school. The Council finds that adequate provisions for sidewalks must be made in order to assure the safety of pedestrians and other users until the intervening properties from the project to Hope Elementary School are developed to full City standards where those sidewalks presently do not exist. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the negative declaration on the above referenced project is approved and that the findings and conditions of the Planning Commission contained in Resolution No. 3403, on file with the City Clerk and incorporated herein by reference, are the findings and conditions of the City Council. 3. That the tentative subdivision map of this project (CT 92-5) is approved and that the findings and conditions of the Planning Commission contained in Resolution No. 3404, on file with the City Clerk and incorporated herein by reference, are the findings and conditions of the City Council with the following amendment and changes: a. Planning Condition No. 7 is amended to read as follows: "The applicant shall pay park in lieu fees to the City, prior to the approval of the final map, as required by Chapter 20.44 of the Carlsbad Municipal Code unless other provisions are made pursuant to the Calavera Hills Master Plan." b. Engineering Condition No. 67A is added to read as follows: "Prior to final map recordation, the developer shall install or guarantee the installation of a temporary sidewalk within the property or right of way owned by the developer or the 2 1 I 1 2 3 4 5 6 7 8 9 10 11 12 ~ 0 $WE !I? rrnCb 13 035 14 a08 0wg "n8 15 tgn ,'si wmg $$o- 16 aoJ ua >JZ E:? pz l7 0 18 19 20 21 22 23 24 25 26 27 28 0 0 City made of asphalt-concrete or other acceptable material along the west side of Harwich Drive and Glasgow Drive and along the north side of Carlsbad Village Drive in those areas where no sidewalks currently exist to provide safe pedestrian access Until those sidewalks are developed to full City standards to the satisfaction of the City Engineer.I* 4. That the planned unit development of this project (PUD 92-6) is,approved and that the findings and conditions of the Planning Commission contained in Resolution No. 3405, on file with the City Clerk and incorporated herein by reference, are the findings and conditions of the City Council. 5. That the site development plan of this project (SDP 92-5) is approved and that the findings and conditions of the Planning Commission contained in Resolution No. 340.6, on file with the City Clerk and incorporated herein by reference, are the findings and conditions of the City Council. 6. This action is final the date this resolution is adopted by the City Council. The provision of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review" shall apply: I'NOTICE TO APPLICANT" "The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking judicial review must be filed in the appropriate court not later than the ninetieth day following the date on which this decision becomes final; however, if within ten days after the decision becomes final a request for the record of the proceedings accompanied by the required deposit in an amount sufficient to cover the 3 a a 1 2 3 4 5 6 7 8 9 10 11 12 0 aug Yr rrrrcb 13 05s 14 ge: 408 Ou2 Lo OoB 15 Gzi WLOQ zg: 16 052 hr >2$ - 17 50 18 19.11 20 21 22 23 24 25 26 27 28 estimated cost of preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California 92008.tt PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 22nd day of SEPTEMBER 1992, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Larson, Stanton, Nygaard NOES: None ABSENT : None ATTEST : d"aLdP4 ALETHA L. RAUTENKRANZ, City Clkrk (SEAL) 4.