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HomeMy WebLinkAbout1995-04-04; City Council; Resolution 95-64om yr Err& a00, ow2 jU, $045 ~ksg &I? >JZ 2;sz UOLL zwmo oz-l - aa%o a0-l 60 E23 i??% 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15. 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A TENTATIVE FAMILY AND TWO MULTIPLE FAMILY RESIDENTIAL LOTS, 18 OPEN SPACE LOTS , 1 COMMUNITY SERVICES LOT, 1 RECREATIONAL FACILITIES LOT, 1 RECREATIONAL VEHICLE STORAGE LOT AND 1 DAY CARE LOT ON 267.7 ACRES ON PROPERTY GENERALLY LOCATED IN THE SOUTHEAST QUADRANT OF THE CITY, WEST OF MELROSE DRIVE EXTENSION, EAST OF EL FUERTE EXTENSION AND SOUTH OF POINSETTIA LANE EXTENSION IN THE SOUTHERN PORTION OF THE RANCHO CARRILLO MASTER PLAN IN LOCAL FACILITIES MANAGEMENT PLAN ZONE 18. CASE NAME: RANCHO CARRILLO VILLAGES CASE NO. CT 93-04 WHEREAS, on November 16, 1994, November 30, 1s January 4, 1995 the Carlsbad Planning Commission held duly public hearings to consider a proposed Tentative SubdivisioI 93-04 for a 288 single family and 2 multiple family resi lots, 18 open space lots, 1 community services lot, 1 recre facilities lot, 1 recreational vehicle storage lot and 1 d lot project and adopted Resolutions No. 3706 and 3707 recon to the City Council that Tentative Subdivision Map CT 9 approved; and SUBDIVISION MAP (CT 93-04) FOR A 288 SINGLE IlLll, IIMII, IINII I IIQ 11 , IIRII AND 11 T II WHEREAS, the City Council of the City of Carl5 February 21, 1995 and March 7, 1995 held public hear consider the recommendations and heard all persons interest opposed to CT 93-04; and WHEREAS, a Environmental Impact Report (EIR 91 previously certified July 27, 1993 for the Rancho Carrill Plan MP 139(E), and this project complies with all aF mitigation measures outlined by Final EIR 91-04 for the deT 0 a 1 2 3 4 5 6 7 8 9 10 11 12 Qm rnw? Yr ocuw 13 an8 ALL, OU# 2->u c=!z ~YcllS 15 Q $054 14 p& E22 oZJ? 16 UUZQ 0 UOJ ps l7 0 18 19 20 21 22 23 24 25 26 27 28 of the Local Facilities Management Zone 18 and, as proposc project will not create any additional significant environmental impacts, and NOW, THEREFORE, BE IT RESOLVED by the City Counci City of Carlsbad, California, as follows: 1. That the above recitations are true and cor: 2. That the Tentative Subdivision Map CT 93-04 project is approved and the findings and conditions of the : Commission contained in Resolutions No. 3706 and 3707 on fr the City Clerk and incorporated herein by reference, findings and conditions of the City Council with the f< amended and new conditions: "A. That the developer is required to pl maintain in a prominent place in any sales office a map entire Rancho Carrillo Master Plan clearly indicatinl approved land use and its location for the information c potential purchaser. Developer shall acknowledge compli writing with this condition at all appropriate times as req the Planning Director. IlB. Developer acknowledges and understand: potential school site has been reserved within the master 1 the potential acquisition by the San Marcos Unified District. If the San Marcos Unified School District exerc. option to acquire this parcel for school purposes anc determines to create, establish or annex to a Mello-Roos 1 which District authorizes a pass-through of any portion taxes or is otherwise inconsistent with City Council Po: II b kg m> de& an8 3UCJ ow2 so55 d->o C-IB 9 OnL I ai S&%$ 052 Low cz5 - 00 0Z-I - KKK13 QOJ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 then developer shall comply with the following add condition: "Prior to the approval of any final maF issuance of any permits within the Rancho Carrillo Master P1 applicant for the final map or permit shall submit evidence city that impacts to school facilities have been mitigi conformance with the City's Growth Management Plan to the permitted by applicable state law for legislative acts. mitigation involves a financing scheme, such as a Me1 Community Facilities District, which is inconsistent w: City's Growth Management Plan including City Council Statement NO. 38, the developer shall submit disclosure dc for approval by the City Manager and City Attorney whic disclose to future owners in the project, to the maximum possible, the existence of the tax and that the school dist the taxing agency responsible for the financing district minimum, the project CC&Rs shall require maximum disclos signed statements for disclosures upon transfer Of resj property. " 3. This action is final the date this resolu adopted by the City Council. The provision of Chapter 1 e 11 Carlsbad Municipal Code, "Time Limits for Judicial Revie1 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 m e $ nul (I)> &J$ &3cb low% a08 $055 ktq OZ-I? ““%a -Ius >lZ 2;Q OOU zwm F%2 E:% - a02 00 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ? 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 ADOPTED at a Regular Meetin! City Council of the City of Carlsbad on the 4th day of - 1995, by the following vote, to wit: AYES: Council Members Lewis, Nygaard, Kulchin, Finnila NOES: None ABSENT : None ATTEST : ALETHA L. RAUTENKRANZ, City Clkrk ( SEAL )