HomeMy WebLinkAbout1993-11-02; City Council; Resolution 93-302I1 e 0
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RESOLUTION NO. 93-302
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A CONDITIONAL NEGATIVE DECLARATION, SITE DEVELOPMENT PLAN, SPECIAL USE PERMIT AND
HILLSIDE DEVELOPMENT PERMIT FOR A 344 DWELLING UNIT APARTMENT PROJECT ON PROPERTY GENERALLY LOCATED ADJACENT TO AND WEST OF EL CAMINO
REAL, SOUTH OF CAMINO VIDA ROBLE, NORTH OF
ALGA ROAD IN THE SOUTHWEST QUADRANT OF THE CITY, IN LOCAL FACILITIES MANAGEMENT PLAN ZONE 21. APPLICANT: VILLAS AT EL CAMINO REAL
CASE NO. : SDP 93-06/SUP 93-02/HDP 93-08
WHEREAS, a verified application for a condition.
permit for certain property to wit:
Parcel 2 of Parcel Map No. 1188, in the County of San Diego, State of California, according to map thereof filed in the office of County Recorder of San Diego County, December 20,
1972.
has been filed with the City of Carlsbad and referred
Planning Commission; and
WHEREAS, the Planning Commission did on September :
hold a duly noticed public hearing as prescribed by law to cc
said application for Special Development Permit (SDP 5
Special Use Permit (SUP 93-02) and Hillside Development Pem.
93-08); and
WHEREAS, the Planning Commission did on Septen
1993, after hearing and considering all the evidence and te
of all people desiring to be heard, adopt Resolutions Nos
3538, 3539 and 3540 recommending approval of the Cond
Negative Declaration, Site Development Plan (SDP 93-06),
Use Permit (SUP 93-02) and Hillside Development Permit (HDP
and
WHEREAS, on October 26, 1993 the City Council of t
of Carlsbad held a duly noticed public hearing as prescribec
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1 ll to consider all the evidence, testimony, and argument of
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persons present and desiring to be heard and approved
Conditional Negative Declaration, Site Development Plan (SC
06), Special Use Permit (SUP 93-02) and Hillside Development I
(HDP 93-08): and
WHEREAS, a Conditional Negative Declaration was iss.
July 22, 1993 and submitted to the State Clearinghouse for a :
review period. All comments received from that review peril
fully incorporated into the conditions of approval for the spl
plan and other project approvals and these conditions wj
reviewed through a monitoring program set up for the projec,
WHEREAS, the findings and conditions of the P1’
Commission in Resolutions No, 3536, 3538, 3539 and 3540 app
the Conditional Negative Declaration, Site Development Pla
93-06), Special Use Permit (SUP 93-02) and Hillside Devel
Permit (HDP 93-08); constitute the findings and decision
City Council; and
WHEREAS, The City Council on October 26, 1993 appl
Conditional Negative.Dec1aration in compliance with the C
Carlsbad Environmental Protection Ordinance and the Cali
Environmental Quality Act,
NOW, THEREFORE, BE IT RESOLVED by the City Council
City of Carlsbad, California, as follows:
1. That the above recitations are true and corr
2. That the Conditional Negative Declaration is a
and that the findings and conditions of the Planning Com
contained in Resolution No. 3536, on file with the City C1
incorporated herein by referenced, are the findings and con
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also resulted from changing demographic trends beyond the a' 9
population has not resulted solely from new development bl 8
additional capacity when necessary. The growth in s' 7
and that the payment of such fees will assist in Obt; 6
local school which will serve the project has additional ca] 5
permitted under state law. The Council further finds tha 4
fee of $2.65 per residential square foot of developme: 3
schools have been mitigated by the payment of the maximum j 2
of the City Council. The Council further finds that the impac
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of the City to mitigate.
3. That the Site Development Plan SDP 93-06 is ap
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and that the findings and conditions of the Planning Corn
contained in Resolution No. 3538, on file with the City Cle
14 incorporated herein by reference, are the findings.and cond
15 of the City Council with the addition of two conditions to r
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follows:
"1) Prior to issuance of a grading or building F the applicant shall pay, or agree to pay, their proportionatc of a fee for the construction of Poinsettia Lane; and
"2) Prior to approval of a grading or building F whichever occurs first, the property owner shall annex the pr into Community Facility District No. 1.Il
4. That the Special Use Permit SUP 93-02 is appro'
that the findings and conditions of the Planning Corn
contained in Resolution No. 3539, on file with the City Clt
incorporated herein by reference, are the findings and con(
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Commission contained in Resolution No. 3540, on file with th 28
approved and that the findings and conditions of the P. 27
5. That the Hillside Development Permit HDP 9: 26
of the City Council.
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Clerk and incorporated herein by reference, are the finding
conditions of the City Council.
3 II 6. This action is final the date this resoluti
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adopted by the City Council. The provision of Chapter 1.16 (
Carlsbad Municipal Code, "Time Limits for Judicial Review"
6 apply:
7 "NOTICE TO APPLICANT"
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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
become 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 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
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the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California 92008."
PASSED, APPROVED AND ADOPTED at a Regular Meeting c
City Council of the City of Carlsbad on the 2nd day of NC
1993, by the following vote, to wit:
AYES: Council Members Lewis, Stanton, Nygaard, Finnila
NOES: None
ABSENT: Council M
ATTEST :
ALETHA L. RAUTENKRANZ, Citb Clerk
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