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Home My WebLink About1994-02-08; City Council; Resolution 94-411 2 3 4 5 6 7 8 9 10 11 sm muz &E& <08 0lUg soaa 5UU Ircsn: >i2 00L38 zwmO m> 2;ss 25$- 003 Lam pz aoJ 00 - 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 RESOLUTION NO. 94-41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A MITIGATED NEGATIVE DECLARATION, APPLICATION FOR A MASTER PLAN AMENDMENT, GENERAL PLAN AMENDMENT, LOCAL COASTAL PLAN AMENDMENT, TENTATIVE SUBDIVISION MAP AND HILLSIDE DEVELOPMENT PERMIT ON PROPERTY GENERALLY LOCATED IN THE SOUTHWEST QUADRANT CASE NAME: AVIARA PHASE I11 CASE NO:MP 177 (GI /GPA 93-06/LCPA 92-01/CT 92-03/HDP 9; WHEREAS, the Planning Commission did on December 1, 1 hold a duly noticed public hearing as prescribed by law to consj amendments to Master Plan MP 177(G) , General Plan GPA 93-06, LC Coastal Plan LCPA 92-01, Tentative Subdivision Map CT 92-03 Hillside Development Permit HDP 92-04 and adopted Planr Commission Resolution Nos: 3574, 3575, 3576, 3577 and C respectively, recommending to the City Council that they approved; and WHEREAS, the City Council of the City of Carlsbad, dic January 25, 1994 hold a duly advertised public hearing to consj said amendments and at that time heard all persons interested il opposed to Master Plan MP 177(G), General Plan GPA 93-06, LC Coastal Plan LCPA 92-01, Tentative Subdivision Map CT 92-03 Hillside Development Permit HDP 92-04; and WHEREAS, the Planning Commission has determined that 177(G), GPA 93-06, LCPA 92-01, CT 92-03 and HDP 92-04 will not h a significant impact on the environment and the City Council concurred and a Mitigated Negative Declaration was issued approved in satisfaction of the requirements of the City Carlsbad Environmental Protection Ordinance of 1980 and California Environmental Quality Act: and 1 2 3 4 5 6 7 8 9 10 11 Om &Em OLU8 a08 5U, so<< >5z dtSK oOoB $L$i OZ-I? zwmQ ""30 00s Lam cZ2 GO 295 <OJ 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e 0 WHEREAS, the City Council, after considering all propc changes, directed the City Attorney to return with appropr: documents. NOW, THEREFORE, BE IT RESOLVED by the City Council of City of Carlsbad, California, as follows: 1. That the above recitations are true and correct, 2. That the findings and conditions of the Planr Commission in Resolution Nos. 3573, 3574, 3575, 3576, 3577 and : constftute the findings of the City Council in this matter. 3. That the two conditions in Planning Depart] memorandum dated November 17, 1993 be added and an additic condition as stated at the City Council meeting be added to reac follows: "(1) The applicant shall pay park-in-lieu fees the City, prior to the approval of the final map as requirec Chapter 20.44 of the Carlsbad Municipal Code unless previol excluded by the Parks Agreement between the City and Aviara 1 Associates dated June 1, 1989, as determined by the Parks Recreation Director. It (2) The applicant shall provide school fees mitigate conditions of overcrowding as part of building pel application. These fees shall be based on the fee schedule effect at the time of building permit application. All o portion of said fees may be waived subject to the approval of Carlsbad Unified School District. w (3) Developer shall provide a 30' wide temp01 access easement along the easterly boundary of Lot 3, as show] Exhibit I1At1, until such time as a permanent alternate acc easement is dedicatedto allow pedestrian and vehicular access j the residential areas east of the project to Aviara Park and Aviara Oaks School to the satisfaction of the City Council." 4. That the alignment of Poinsettia Lane be approve( shown on the Poinsettia Lane Alignment Study, marked Exhibit B attached hereto. 2 1 2 3 4 5 6 7 8 9 10 11 0 sw2 m>- &E& <08 ow2 2044 ZdE &si "OB 003 Earn 60 >Z% iU, d-> zwmq $E:; QOJ 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 5. That the Mitigated Negative Declaration is apprc as shown in Planning Commission Resolution No. 3573 on file P the City Clerk and incorporated herein by reference. 6. That the application for Master Plan Amendment ( 177(~) to change planning area boundaries, internal str alignment and residential product mix on property generally loca along future Ambrosia Lane, north of Alga Road in LF'MP Zone 15 approved as shown in Planning Commission Resolution No. 3574 file with the City Clerk and incorporated herein by reference. 7, That the General Plan Amendment (GPA 93-06) to the residential medium high density (RMH) and residential F density (RH) designations to the existing combination district property generally located north of the Batiquitos Lagoon, east 1-5 and west of El Camino Real in LFMP Zone 9 is approved as sk: in Planning Commission Resolution No. 3575 on file with the C Clerk and incorporated herein by reference. 8. That the Local Coastal Plan Amendment (LCPA 92-01) approved as shown in Planning Commission Resolution No, 3576 file with the City Clerk and incorporated herein by reference. 9, That the Tentative Subdivision Map (CT 92-03) subdivide and rough grade the individual neighborhood and ma streets on property generally located along future Ambrosia La north of Alga Road in LFMP Zone 19 is approved as shown in Plann Commission Resolution No. 3577 on file with the City Clerk incorporated herein by reference. 10. That the Hillside Development Permit (HDP 92-04) rough grade the neighborhood and major streets on prope generally located along future Ambrosia Lane, north of exist 3 1 2 3 4 5 6 7 8 9 10 11 0 &: *>- &E& an8 O"8 jlL, soaa oOnU &Egg $;si zw*a BE:, E:? QOJ 60 t'4 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 Alga Road is approved as shown in Planning Commission Resolut No. 3578 on file with the City Clerk and incorporated herein reference. 11. This action is final the date this resolution adopted by the City Council. The provision of Chapter 1.16 of Carlsbad Municipal Code, "Time Limits for Judicial Reviewtt sk apply: "NOTICE TO APPLICANT" "The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking judicial review must be filed in the appropriate court not later than the ninetieth day following the date on which this decision becomes final; however, if within ten days after the decision becomes final a request for the record of the proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cost of preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California 92008.f1 /// /// /// /// /// /// /// 4 ' II 0 0 1 PASSED, APPROVED AND ADOPTED at a Regular Meeting of 2 3 4 5 6 7 8 9 10 City Council of the City of Carlsbad on the 8th day of FEBRl 1994, by the following vote, to wit: AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Finn: NOES: None ABSENT : None ATTEST: 11 12 ALETHA L. RAUTENKRANZ, City Clerk - dK- 0 isu: 222 13 ( SEAL) an8 0ug iUC3 or'tsa: gym2 15 a>Ss gZ$z 0 16 $055 14 tJZ zuv) E:? cz2 17 aod 00 - 18 19 20 21 22 23 24 25 26 27 28 5 0 0 I I - w ~ e!! d I- L 0 z Ex~18lr ', 4 b D > k!g el- "IC0 5l- l-z l-w wz si L-X zz M I