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Home My WebLink About1994-04-05; City Council; Resolution 94-931 2 3 4 5 6 7 8 9 10 11 sa rnwg Ye rum an8 Ow% iU, 30ea Irtgu >iZ 9 "02 8 ai 2&%< OZJO Uauo aoA 00 p2 pz - 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 e RESOLUTION NO. 94-93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A MITIGATED NEGATIVE DECLARATION, TENTATIVE SUBDIVISION MAP (CT 93-03) , CONDOMINIUM PERMIT (CP 93-02) , SITE DEVELOPMENT PLAN (SDP 93-02) AND HILLSIDE DEVELOPMENT PERMIT (HDP 93-02) FOR A 184 MULTIFAMILY RESIDENTIAL DEVELOPMENT ON 36.2 ACRES OF LAND GENERALLY LOCATED .75 MILES SOUTH OF PALOMAR AIRPORT ROAD AND .25 MILES WEST OF EL CAMINO REAL IN LOCAL FACILITIES MANAGEMENT PLAN ZONE 21. APPLICANT: POINSETTIA HILL CASE NO: CT 93-03/CP 93-02 SDP 93-02/HDP 93-02 WHEREAS, on January 5, 1994 the Carlsbad Pla Commission held a duly noticed public hearing to consid proposed Mitigated Negative Declaration, Tentative Subdivisio (CT 93-03) p Condominium Permit (CP 93-02), Site Development (SDP 93-02) and Hillside Development Permit (HDP 93-02) for unit multifamily residential development and adopted Resolu Nos. 3606, 3607, 3608, 3609 and 3610 respectively, recommendi the City Council that the Tentative Subdivision Map (CT 93 Condominium Permit (CP 93-02), Site Development Plan (SDP 9 and Hillside Development Permit (HDP 93-02) be approved; and WHEREAS, the City Council of the City of Carlsbad, a public hearing on March 22, 1994 to consider the recommenda. and heard all persons interested in or opposed to Mitic Negative Declaration, Tentative Subdivision Map (CT 93, Condominium Permit (CP 93-02) , Site Development Plan (SDP 9: and Hillside Development Permit (HDP 93-02); and WHEREAS, the Planning Commission has determined thi Tentative Subdivision Map (CT 93-03), Condominium Permit (C1 02) , Site Development Plan (SDP 93-02) and Hillside Develo] Permit (HDP 93-02) will not have a significant impact on environment and the City Council has concurred and a Mitic . 1 2 3 4 5 6 7 8 9 10 11 12 0 40, a> mu? aoX Ow8 .JJ& 13 $055 14 ~"'$ 9 *OU I <- 15 5U, SJZ zwa a>mG gEzz 16 F5i aoJ g2j l7 0 18 19 20 21 22 23 24 25 26 27 28 0 0 Negative Declaration dated November 11, 1993 was issued approved in satisfaction of the requirements of the Cit Carlsbad Environmental Protection Ordinance of 1980 and California Environmental Quality Act: and NOW, THEREFORE, BE IT RESOLVED by the City Council o City of Carlsbad, California, as follows: 1. That the above recitations are true and correc. 2. That the Mitigated Negative Declaration, Tent, Subdivision Map (CT 93-03), Condominium Permit (CP 93-02), Development Plan (SDP 93-02) and Hillside Development Permit 93-02) for this project are approved and that the findings conditions of the Planning Commission contained in Resolutions 3606, 3607, 3608, 3609 and 3610, respectively, on file wit1 City Clerk and incorporated herein by reference, are the fin, and conditions of the City Council with the following amendel new conditions: a. Condition No. 32 of Planning Commi; Resolution No. 3607 is amended to read as follows: J'CT 93-03 is approved subject to the cond that the construction of the local collector serving the Poinsr Hill project shall include a connection to the existing unimp: access, as shown on Exhibits IrCtt - ttD18, dated January 5, 1994, allows circulation adequate for vehicles meeting Caltrans Hit Design Manual 407D. This interim pedestrian and vehicle ac shall be provided via the 30' wide temporary access easement . offered on the Poinsettia Hill final map that will connect wit 30' wide temporary access easement located along the eas' boundary of Aviara Phase 111, Lot 3. All temporary ac easements shall remain in place until installation of improvements described in Condition No. 79. I'Additionally, access for those agricul. uses traveling to and from El Camino Real shall be maint( throughout construction of the Poinsettia Hill project.tn 2 7 2 3 4 5 6 7 8 9 10 11 12 Om 3uJz Y2 ““ab 13 iUU 14 3:zs k“$ 9 OnL 8 a- 15 ozJ? 16 s$g2 ““90 a08 ow2 E:? aod E>% 17 00 - 18 19 20 21 22 23 24 25 26 27 28 0 0 b. Condition No. 78 is added to Planning Commi Resolution No. 3607 to read as follows: “78. Prior to approval of the final ma owner shall make an irrevocable offer of dedication to the Ci Carlsbad, Open Space District, or other similar entity desig by the City of Carlsbad, for a perpetual easement for public t over , upon, and across the northerly portion of Lot 1. If the of Carlsbad accepts dedication of the trails easement, the shall assume responsibility, maintenance, and liability o trails. It c. Condition No. 79 is added to Planning Commi Resolution No. 3607 to read as follows: “79. Plans, specifications, and suppo documents for the improvements mentioned below shall be prepar the satisfaction of the City Engineer. Prior to approval o final map in accordance with City Standards, the applicant install, or agree to install and secure with appropriate sec as provided by law, the following improvements: l8Al1 Street shall be extended from the pro end, shown on the tentative map, to a f intersection with Poinsettia .Lane as sho Exhibit rtAlv attached hereto. Said exte. shall be graded to full-width and constr with an offsite 32’ wide paved roadway, I gutter, and sidewalk on the northerly ~ sufficient drainage control facilities a: be required and all sewer, water, and ut lines that would be underneath the pavin( minimum 42l right-of-way width shal: offered for dedication to the City for .improvements to be constructed and mainta Installation of these improvements shall be required at such time as Poinsettia improvements are installed and functioni: an integral part of the circulation s: linking Poinsettia Hill with Aviara School. The developer may reques reimbursement agreement for design, righl improvements associated with the off-sitt Street extension, with the exception of I and drainage facilities required to I Poinsettia Hill. I8 way I acquisition costs, grading 3. This action is final the date this resolutic adopted by the City Council. The provision of Chapter 1.16 0: 3 . . 1 2 3 4 5 6 7 8 9 10 11 a Y? ALL, ow2 3045 SW! %g$ &gg 9 "OLL * qi E:? <>ma zwrn OZJO ZKqa c:$ a01 G" 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e 0 Carlsbad Municipal Code, "Time Limits for Judicial Reviewtv 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." PASSED, APPROVED AND ADOI?TED at a Regular Meeting o City Council of the City of Carlsbad on the 5th day of 2 1994, by the following vote, to wit: AYES: Council Members Lewi.s, Stanton, Nygaard, Finnila NOES: None ABSENT : None ABSTAINED: Council ATTEST: \ A$= (SEAL) MfTE*&rk 4 , 3cIY I BY i Ll I Y Ut LWKLYBRD ; 3-18-94 2: 36PM ; 0 0°8g4-) 619 720 946 8. 3 2 0 CI 3 4 0 v) t- 2 W z m r4 pe u e a w u) 0 e 0 P= e -" """. - -