HomeMy WebLinkAbout2001-07-24; City Council; Resolution 2001-2301
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
RESOLUTION NO. 2001-230
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A TENTATIVE TRACT
MAP, PLANNED DEVELOPMENT PERMIT, SITE
DEVELOPMENT PLAN, AND COASTAL DEVELOPMENT
PERMIT ON PROPERTY GENERALLY LOCATED AT THE
NORTHWEST CORNER OF AVENIDA ENCINAS AND
POINSETTIA LANE IN LOCAL FACILITIES MANAGEMENT
ZONE 22
CASE NAME: POINSETTIA PROPERTIES P. A. 2,3, & 4
CASE NO.: CT OO-lG/PUD Ol-Ol/SDP OO-12/GDP 00-44
The City Council of the City of Carlsbad, California, does hereby resolve as
follows:
WHEREAS, on June 20, 2001, the Carlsbad Planning Commission held a duly
noticed public hearing to consider a proposed Tentative Tract Map, Planned Development
Permit, Site Development Plan, and Coastal Development Permit to subdivide a 41.6 acre site
for the development of 219 single-family residential lots, a Community Recreation Center, and
numerous open space lots, and adopted Planning Commission Resolutions No. 4997, 4998,
4999, and 5000 recommending to the City Council that the Tentative Tract Map, Planned
Development Permit, Site Development Plan, and Coastal Development Permit be approved;
and
WHEREAS, the City Council of the City of Carlsbad, on the 24th day of
July , 2001, held a duly noticed public hearing to consider the
recommendation and heard all persons interested in or opposed to the Tentative Tract Map,
Planned Development Permit, Site Development Plan, and Coastal Development Permit; and
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. Except as expressly stated herein, the recommendation of the Planning Commission for the approval of the Tentative Tract Map, Planned Development Permit, Site
Development Plan, and Coastal Development Permit is approved and that the findings and conditions of the Planning Commission contained in Planning Commission Resolutions No.
4997, 4998, 4999, and 5000 on file with the City Clerk and incorporated herein by reference, are the findings and conditions of the City Council.
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
Resolution 2001-230 pg 2
3. Condition No. 71 of Planning Commission Resolution No. 4997 is
replaced by this condition which shall read as follows:
“A developer shall submit detailed design drawings prepared by a
Registered Engineer for the construction of a sewer lift station (located at
proposed Lot No. 225) and pressure reducing station (located
approximately at proposed lot Nos. 17, 18 and 19) required to serve the
project. As an alternative, individual pressure regulating valves may be
installed for each individual unit subject to approval of the City Engineer. All
plans shall be prepared to the satisfaction of the City Engineer - Design.”
4. Developer shall execute and record a City standard Subdivision
Improvement Agreement to install and secure with appropriate security as provided by
law a traffic signal to be located at the intersection of Macadamia Avenue and Avenida
Encinas. This Subdivision Improvement Agreement to install the traffic light secured
with the appropriate security in the amount estimated by the City Engineer shall remain
in full force and effect for five years from the date of its execution and shall be installed
if, within this five year period, the City Engineer determines that warrants are met for the
installation of this signal. The developer or owner shall make an irrevocable offer of
dedication to the City for the right-of-way necessary to locate, operate and maintain this
signal and that offer shall be made by a certificate on the final map. All land so offered
shall be free and clear of all liens and encumbrances and without cost to the City.
Streets that are already public are not required to be rededicated.
5. This action is final the date this resolution is adopted by the City Council.
The Provisions of Chapter 1 .I6 of the Carlsbad Municipal Code, “Time Limits for Judicial
Review” shall apply:
“NOTICE TO APPLICANT’
/ill
“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.”
/Ill
Ml
-2-
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
Resolution 2001-230 pg 3
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the 24th day of July , 2001, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Finnila, Nygaard, and Hall.
NOES: None.
ABSENT: None.
ATTEST:
(SEAL)
-3-