HomeMy WebLinkAbout1995-04-04; City Council; Resolution 95-64om
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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
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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:
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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
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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 )