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HomeMy WebLinkAbout1995-04-04; City Council; Resolution 95-65b om +? &ZW an8 JOUJs! 3044 z4: ce">o OnLC JLLU zsz 021 ~ "u%n aoJ GO ES p% 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. 95-65 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A TENTATIVE SUBDIVISION MAP (CT 93-08), PLANNED UNIT DEVELOPMENT (PUD 93-07) FOR A 51 UNIT SINGLE FAMILY RESIDENTIAL PROJECT ON 19.3 ACRES OF LAND GENERALLY LOCATED IN THE SOUTHEAST QUADRANT OF THE CITY, WEST OF THE MELROSE DRIVE EXTENSION AND SOUTH OF THE POINSETTIA LANE EXTENSION IN THE SOUTHERN PORTION OF THE RANCHO CARRILLO MASTER PLAN IN LOCAL FACILITIES MANAGEMENT PLAN ZONE 18. APPLICANT: RANCHO CARRILLO VILLAGE "0" CASE NO: CT 93-08/PUD 93-07 WHEREAS, on November 16, 1994, November 30, 19 January 1, 1995 the Carlsbad Planning Commission held duly I public hearings to consider a proposed Tentative Subdivisj (CT 93-08) and Planned Unit Development (PUD 93-07) for a single family residential project and adopted Resolutions N and 3676 respectively, recommending to the City Council t: Tentative Subdivision Map (CT 93-08) and Planned Unit Deve (PUD 93-07) be approved; and WHEREAS, the City Council of the City of Carls February 21, 1995 and March 7, 1995 held public hear consider the recommendations and heard all persons interest opposed to Tentative Subdivision Map (CT 93-08) and PlanT Development (PUD 93-07) ; 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 ax mitigation measures outlined by Final EIR 91-04 for the del of the Local Facilities Management Zone 18 and, as propol project will not create any additional significant environmental impacts, and I1 0 0 nm Yr an8 “oc& 0wg A,, 3055 .CAE f! 8 ai 009 SLZa OZJO ““50 002 LOUI a01 00 3uF E-> p5 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 I I NOW, THEREFORE, BE IT RESOLVED by the City Counci City of Carlsbad, California, as follows: 1. That the above recitations are true and cor1 2. That the Tentative Subdivision Map (CT 93- Planned Unit Development (PUD 93-07) for this project are ; and that the findings and conditions of the Planning Con contained in Resolutions No. 3675 and 3676, respectively, with the City Clerk and incorporated herein by reference, findings and conditions of the City Council with the follc “A. That the developer is required t and maintain in a prominent place in any sales office a ma] entire Rancho Carrillo Master Plan clearly indicatin5 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 reql the Planning Director. ‘IB. Developer acknowledges and undc that a potential school site has been reserved within the plan for the potential acquisition by the San Marcos Unifies 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 : which District authorizes a pass-through of any portion taxes or is otherwise inconsistent with City Council Po: then developer shall comply with the following ad condition: “Prior to the approval of any final ma issuance of any permits within the Rancho Carrillo Master F applicant for the final map or permit shall submit evidenc II 0 0 1 2 3 4 5 6 7 8 9 10 11 Om 'l)> 3wE $E44 ccgi? $z& an8 ow2 iU, :;$$ OOB zwfflo oz-l - Kc5n E:? <o-l cc2 i50 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 City that impacts to school facilities have been mitig conformance with the City's Growth Management Pl-an to the permitted by applicable state law for legislative acts. mitigation involves a financing scheme, such as a Me: 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 maximun possible, the existence of the tax and that the school dis. the taxing agency responsible for the financing district minimum, the project CC&Rs shall require maximum disclo: signed statements for disclosures upon transfer of res: property. VI 3. This action is final the date this resolL adopted by the City Council. The provision of Chapter 1.1 Carlsbad Municipal Code, "Time Limits for Judicial Revie! 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 II - 3 1 2 3 4 0 @ 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. 'I 5 PASSED, APPROVED AND ADOPTED at a Regular Meetinc 6 City Council of the City of Carlsbad on the 4th day of -