HomeMy WebLinkAbout1994-10-18; City Council; Resolution 94-2991
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RESOLUTION NO. 94-299
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A SECOND AMENDED NEGATIVE DECLARATION, TENTATIVE SUBDIVISION MAP (CT 93-10), CONDOMINIUM PERMIT (CP 93-07), HILLSIDE DEVELOPMENT PERMIT (HDP 93-10), CONDITIONAL USE PERMIT (CUP 93-04) AND SITE DEVELOPMENT PLAN (SDP 94-04) FOR A 78 UNIT TIMESHARE RESORT DEVELOPMENT ON 2.35 ACRES OF LAND GENERALLY LOCATED EAST OF THE INTERSECTION OF PONTO (ANACAPA) ROAD AND CARLSBAD BOULEVARD WITHIN LOCAL FACILITIES MANAGEMENT PLAN ZONE 22. APPLICANT: SEAPOINTE RESORT CASE NO:CT 93-10/CP 93-07/HDP 93-1O/CUP 93-04/SDP 94-04
WHEREAS, on August 17, 1994 the Carlsbad Planning
Commission held a duly noticed public hearing to consider a
proposed Second Amended Negative Declaration, Tentative Subdivision
Map (CT 93-10), Condominium Permit (CP 93-07), Hillside Development
Permit (HDP 93-10), Conditional Use Permit (CUP 93-04) and Site
Development Plan (SDP 94-04) for a 78 unit timeshare resort
development and adopted Resolutions Numbered 3690, 3691, 3701,
3693, 3692 and 3694 respectively, recommending to the City Council
that the Tentative Subdivision Map (CT 93-10), Condominium Permit
(CP 93-07), Hillside Development Permit (HDP 93-10), Conditional
Use Permit (CUP 93-04) and Site Development Plan (SDP 94-04) be
approved; and
WHEREAS, the City Council of the City of Carlsbad, held
a public hearing on October 11, 1994 to consider the
recommendations and heard all persons interested in or opposed to
the Second Amended Negative Declaration, Tentative Subdivision Map
(CT 93-10), Condominium Permit (CP 93-07), Hillside Development
Permit (HDP 93-10), Conditional Use Permit (CUP 93-04) and Site
Development Plan (SDP 94-04); and
WHEREAS, the Planning Commission has determined that
Tentative Subdivision Map (CT 93-10), Condominium Permit (CP 93-
07), Hillside Development Permit (HDP 93-10), Conditional Use
Permit (CUP 93-04) and Site Development Plan (SDP 94-04) will have
no significant impacts on the environment and the City Council has
concurred and the Second Amended Negative Declaration dated March
22, 1994 was issued and approved in satisfaction of the
requirements of the City of Carlsbad Environmental Protection
Ordinance of 1980 and the California Environmental Quality Act: and
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 Second Amended Negative Declaration,
Tentative Subdivision Map (CT 93-10), Condominium Permit (CP 93-
07), Hillside Development Permit (HDP 93-10), Conditional Use
Permit (CUP 93-04) and Site Development Plan (SDP 94-04) for this
project are approved and that the findings and conditions of the
Planning Commission contained in Resolutions Numbered 3690, 3691,
3701, 3693, 3692 and 3694 respectively, on file with the City Clerk
and incorporated herein by reference, are the findings and
conditions of the City Council with the following amended
conditions:
a. Condition No. 14 of Planning Commission
Resolution No. 3691 is amended to read as follows:
"The developer shall install street trees at the equivalent of 40-foot intervals along all public street frontages in conformance with City of Carlsbad standards. The trees along the eastern boundary shall be large thriving trees having a vertical and columnar appearance to the satisfaction of the Planning Director. His discretion shall be guided by the renderings submitted to the City Council at the hearing on October
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11, 1994. The trees shall be of a variety selected from the approved Street Tree List."
b. Condition No. 15 of Planning Commission
Resolution No. 3691 is amended to read:
"A uniform sign program for this development shall be submitted to the Planning Director for his review and approval prior to the occupancy of any building. The sign program shall include appropriate signage to pedestrians indicating that beach
access through the project shall be by way of Descanso Boulevard at its intersection with Carlsbad Boulevard."
c. Condition No. 24 of Planning Commission
Resolution No. 3691 is amended to read:
"A barrier shall be designed, constructed, and installed which will prevent pedestrians from accessing the bridge over Carlsbad Boulevard to the satisfaction of the City Engineer prior to building occupancy. The barrier shall be maintained in good condition until such time as the City Engineer determines in
writing it is no longer necessary. The project shall include a gate at its south end allowing occupants access through the south end of the project in order to use Descanso Boulevard for access to the beach.
3. 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
"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
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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 ADOPTED at a Regular Meeting of the
City Council of the City of Carlsbad on the 18th day of OCTOBER
1994, by the following vote, to wit:
AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Finnila
ATTEST:
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