HomeMy WebLinkAbout1999-08-10; City Council; Resolution 99-285e 0
1 RESOLUTION NO. 99-285
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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, AND COASTAL
DEVELOPMENT PERMIT TO CHANGE THE LAND USE
CREATE 37 RESIDENTIAL AND 1 OPEN SPACE LOT ON 14.7
ACRES ON PROPERTY GENERALLY LOCATED ON THE EAST
SIDE OF BLACK RAIL ROAD SOUTH OF POINSETTIA LANE
AND NORTH OF AVIARA PARKWAY IN THE COASTAL ZONE
AND LOCAL FACILITIES MANAGEMENT ZONE 20
CASE NAME: HADLEY PROPERTY
CASE NO.: ZC 98-1 OlLCPA 98-07/CT 98-1 7/HDP 98-1 7
DESIGNATION ON THE SITE FROM L-C TO R-1-7,500-Q, AND
CDP 98-74
The City Council of the City of Carlsbad, California, does hereby resolvf
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follows:
Permit be approved; and 21
Amendment, Tentative Tract Map, Hillside Development Permit, and Coastal Developr 2o
Mitigation Monitoring and Reporting Program, Zone Change, Local Coastal Pros l9
and 4578 recommending to the City Council that the Mitigated Negative Declaration l8
and subdivide 14.7 acres into 38 lots, and adopted Resolutions 4573, 4574, 4575, 4576, 4. 17
Tentative Tract Map, Hillside Development Permit, and Coastal Development Permit to g 16
Monitoring and Reporting Program, Zone Change, Local Coastal Program Amendn 15
noticed public hearing to consider a proposed Mitigated Negative Declaration and Mitig; 14
WHEREAS, on July 7, 1999, the Carlsbad Planning Commission held a
22 WHEREAS, the City Council of the City of Carlsbad, on 10 th da
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Monitoring and Reporting Program, Zone Change, Local Coastal Program Amendn- 25
all persons interested in or opposed to the Mitigated Negative Declaration and Mitigz 24
August , 1999, held a duly noticed public hearing to consider the recommendation and hl
Tentative Tract Map, Hillside Development Permit, and Coastal Development Permit; and
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28 Carlsbad, California, as follows:
NOW THEREFORE, BE IT RESOLVED by the City Council of the Ci?
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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 98-1 0, Local Coastal Program Amendment 98-07, Tentative Tract Map 98-17, Hi
Development Permit 98-17, and Coastal Development Permit 98-74 is approved and th;
findings and conditions of the Planning Commission contained in Planning Commi
Resolutions No. 4573, 4574, 4575, 4576, 4577, and 4578 on file with the City Clerk
incorporated herein by reference, are the findings and conditions of the 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 JUI
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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PASSED AND ADOPTED at a regular meeting of the City Council of the C
Carlsbad on the 10 day of Auqust 1999, by the following vote, to wit:
AYES: Council Members Lewis, Nygaard, Hall & Kulchin
NOES: Council Member Finnila
ABSENTIN,,,
ATTEST:
WHA L. (BAWNKMZ, City Clerk KAREN R. KUNDT2,Assistant City Clerk
(SEAL)
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