HomeMy WebLinkAbout2002-03-05; City Council; Resolution 2002-060RESOLUTION NO. 2002-060
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION
AND MITIGATION MONITORING AND REPORTING PROGRAM AND
ADDENDUM AND APPROVING A ZONE CHANGE, LOCAL COASTAL
PROGRAM AMENDMENT, TENTATIVE TRACT MAP, COASTAL
DEVELOPMENT PERMIT, AND HILLSIDE DEVELOPMENT PERMIT TO
REZONE, GRADE AND SUBDIVIDE 30.9 ACRES INTO 37 LOTS ON
PROPERTY LOCATED ON THE NORTHEAST CORNER OF
POINSETTIA LANE AND AVIARA PARKWAY IN LOCAL FACILITIES
MANAGEMENT ZONE 20.
CASE NAME: CARLSBAD PROMENADE
CASE NO: ZC 00-06/LCPA 00-08/CT 00-19/CDP 00-53/HDP 00-10
The City Council of the City of Carlsbad, California, does hereby resolve
as follows:
WHEREAS, the Planning Commission did on January 16, 2002, hold a
duly noticed public hearing as prescribed by law to consider the Mitigated
Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum,
Zone Change 00-06, Local Coastal Program Amendment 00-08, according to Exhibit
“LCPA 00-08” attached hereto, Tentative Tract Map 00-19, Coastal Development
Permit 00-53, and Hillside Development Permit 00-10 to rezone 30.9 acres of land from
Residential One-Family, 10.000 square foot minimum lot size, Qualified Development
Overlay (R-1-10,000-Q) and Limited Control to Residential One-Family 7,500 square
foot minimum lot size, Qualified Development Overlay (R-1-7,500-Q) and adopted
Planning Commission Resolutions No. 5134, 5135, 5136, 5137, 5138 and 5139
recommending to the City Council that they be approved; and
WHEREAS, the City Council did on the 19” day of February, 2002 hold a
duly noticed public hearing as prescribed by law to consider the Mitigated Negative
Declaration and Mitigation Monitoring and Reporting Program and Addendum, Zone
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Change, Local Coastal Program Amendment, Tentative Tract Map, Coastal
Development Permit, and Hillside Development Permit; and
WHEREAS, at said public hearing, upon hearing and considering all
testimony and arguments, if any, of all persons desiring to be heard, the City Council
considered all factors relating to the Mitigated Negative Declaration and Mitigation
Monitoring and Reporting Program and Addendum, Zone Change, Local Coastal
Program Amendment, Tentative Tract Map, Coastal Development Permit and Hillside
Development Permit.
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. That the findings of the Planning Commission in Planning
Commission Resolutions No. 5134, 5135, 5136, 5137. 5138 and 5139 constitute the
findings of the City Council except as modified below:
“a. The subdivider shall be required to acquire and improve a
secondary emergency access from the terminus of the proposed CUI de sac to the
existing Poinsettia Lane to the satisfaction of the City Engineer pursuant to Carlsbad
Municipal Code section 20.16.095 and Government Code section 66462.5. In the
event the subdivider is unable to obtain the necessary property interests in order to
implement this condition he shall report that fact to the City Council and either agree to
improve the emergency access when the necessary property rights are obtained by the
City or provide alternative emergency access through the subject property to Poinsettia
Lane as required by the Council in its sole discretion. The agreement to improve the
off-site emergency access shall be secured by security in an amount determined by the
City Engineer and approved as to form by the City Attorney. The subdivider shall pay
all costs for acquiring and improving the off-site real property interests required for such
emergency access.
”b. The subdivider shall provide a low profile wall along the
entryway to the subdivision at Aviara Parkway in order to shield the adjacent subdivision from vehicular noise and lights to the satisfaction of the City Engineer and
the Planning Director.”
PASSED, APPROVED AND ADOPTED at a regular meeting of the City
Council of the City of Carlsbad held on the 5th day of MARCH 2002 by the
following vote, to wit:
AYES: Council Members Lewis, Kulchin, Finnila, Nygaard, Hall
NOES: None
ABSENT: None
hm LwqINE M. WOOD, City Clerk
(SEAL)
LOCAL COASTAL PROGRAM LCPA: 00-08
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