HomeMy WebLinkAbout1996-01-09; City Council; Resolution 96-131
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RESOLUTION NO. 96-13
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA EXTENDING THE CONDITIONAL USE PERMIT FOR SAINT FRANCIS COURT UNTIL AUGUST 3, 1997 TO OBTAIN BUILDING PERMITS FOR THIS PROJECT LOCATED ON THE NORTH SIDE OF LAGUNA DRIVE AT THE NORTHERN TERMINUS
OF MADISON STREET CASE NAME: ST. FRANCIS COURT
CASE NO: CUP 90-15(A)
WHEREAS, The Planning Commission did on October 1
1995, hold a duly noticed public hearing as prescribed by 1
consider Conditional use Permit Amendment CUP 90-15(A) and
adopted Planning Commission Resolution No. 3798, recommendi
the City Council that it be approved; and
WHEREAS, the City Council did on December 12, 199
a duly noticed public hearing as prescribed by law to consi
the proposed amendment to the St. Francis Court project all
additional time until August 3, 1996, to obtain building pe.
and
WHEREAS, at said public hearing, upon hearing and
considering testimony and arguments, if any, of all persons
desiring to be heard, the City Council considered all facto
relating to the Conditional Use Permit Amendment; and
WHEREAS, the applicant has represented to the Cit
it is diligently pursuing a financial program including
applications to the State Tax Credit Allocation Committee a
requested an extension of the CUP to August 3, 1997 to obta
those approvals, and develop the project.
NOW, THEREFORE, BE IT RESOLVED by the City Counci
the City of Carlsbad, California, as follows:
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1. That the above recitations are true and corre
2. That this Conditional Use Permit Amendment sh
extend the time in which building permits for this project
be obtained to August 3, 1997 provided that the applicant s
diligently pursue its active application for affordable hou
financing through the California State Tax Credit Allocatic
Committee and shall provide proof of its continued active
application monthly to the City Manager. If, for any reasc
such application is denied, withdrawn, or conditioned in a
make the project infeasible prior to August 3, 1997, it sha
returned to the Planning Commission for appropriate action
that time, including revocation of this extension. If buil
permits are not issued for this project by August 3, 1997,
permit shall become null and void.
3. If the density of this project is changed fro
of the original 76-unit approval, it shall return to the P1
Commission for a finding of whether or not it substantially
complies with such original approvals.
4. Except as expressly modified herein, the find
and conditions of the Planning Commission in Resolution No.
adopted on October 18, 1995, shall be incorporated by refer
and shall have the same force and effect as though they wer
fully set forth herein.
5. This action is final the date this resolution
adopted by the City Council. The provision of Chapter 1.16
the Carlsbad Municipal Code, "Time Limits for Judicial Revi
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"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. 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."
Any petition or other paper seeking
PASSED, APPROVED AND ADOPTED at a Regular Meeting
1 the City Council of the City of Carlsbad on the 9th
JANUARY 1996 , by the following vote, to wit:
AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, 1
NOES: None
ABSENT: None
ATTEST :
ALE* RAUTENKRANZ, City ClArk
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