HomeMy WebLinkAbout1999-05-11; City Council; Resolution 99-1611 . $7 0
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RESOLUTION NO. 99-161
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A MITIGATED
NEGATIVE DECLARATION AND MITIGATION MONITORING
AND REPORTING PROGRAM, ZONE CHANGE, LOCAL
COASTAL PROGRAM AMENDMENT, TENTATIVE TRACT MAP,
HILLSIDE DEVELOPMENT PERMIT, COASTAL DEVELOPMENT
PERMIT, AND VARIANCE TO CHANGE THE LAND USE
OS, AND CREATE 28 RESIDENTIAL AND 2 OPEN SPACE
LOTS ON 33.4 ACRES ON PROPERTY GENERALLY LOCATED
ON THE NORTHEAST CORNER OF THE INTERSECTION OF
BLACK RAIL ROAD AND FUTURE POINSETTIA LANE IN THE
COASTAL ZONE AND LOCAL FACILITIES MANAGEMENT
ZONE 20
CASE NAME: DEJONG RESIDENTIAL PROJECT
CASE NO.: ZC 98-02LCPA 98-01/CT 98-05/HDP 98-
DESIGNATION ON THE SITE FROM L-C TO R-1-7,500-Q AND
OYCDP 98-26/\/ 98-04
The City Council of the City of Carlsbad, California, does hereby resoh
follows:
WHEREAS, on April 7, 1999, the Carlsbad Planning Commission held a
noticed public hearing to consider a proposed Mitigated Negative Declaration and Mitic
Monitoring and Reporting Program, Zone Change, Local Coastal Program Amend1
Tentative Tract Map, Hillside Development Permit, Coastal Development Permit, and Var
to grade and subdivide 33.4 acres into 30 lots, and adopted Resolutions 4503, 4504, L
4506, 4507, 4508, and 4509 recommending to the City Council that the Mitigated Neg
Declaration and Mitigation Monitoring and Reporting Program, Zone Change, Local Co
Program Amendment, Tentative Tract Map, Hillside Development Permit, Coastal Develop
Permit, and Variance be approved; and
WHEREAS, the City Council of the City of Carlsbad, on 11 th d;
May , 1999, held a duly noticed public hearing to consider the recommendation
heard all persons interested in or opposed to the Mitigated Negative Declaration and Mitig,
Monitoring and Reporting Program, Zone Change, Local Coastal Program Amendn
Tentative Tract Map, Hillside Development Permit, Coastal Development Permit, and Variz
and
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NOW THEREFORE, BE IT RESOLVED by the City Council of the Ci
Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the recommendation of the Planning Commission for the appro
the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, ,
Change 98-02, Local Coastal Program Amendment 98-01, Tentative Tract Map 98-05, Hi1
Development Permit 98-03, Coastal Development Permit 98-26, and Variance 98-C
approved and that the findings and conditions of the Planning Commission contain6
Planning Commission Resolutions No. 4503, 4504, 4505, 4506, 4507, 4508, and 4509 o
with the City Clerk and incorporated herein by reference, are the findings and conditions c
City Council.
3. This action is final the date this resolution is adopted by the City COI
The Provisions of Chapter 1 .I6 of the Carlsbad Municipal Code, “Time Limits for Ju
Review” shall 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 no 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 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 latter 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.”
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e a
PASSED AND ADOPTED at a regular meeting of the City Council of the C
Carlsbad on the 11 th day of May 1999, by the following vote, to wit:
AYES: Council Members Lewis, Nygaard & Finnila
NOES: None
ABSENT: Council Members Hall & Kulchin
ATTEST:
(SEAL)
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