HomeMy WebLinkAbout2003-10-28; City Council; Resolution 2003-2851
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RESOLUTION NO. 2003-285
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A TENTATIVE TRACT
MAP AND CONDOMINIUM PERMIT FOR BRESSI RANCH
AFFORDABLE HOUSING TO SUBDIVIDE 26.53 ACRES INTO 5
LOTS, APPROVE FLOOR PLANS AND ARCHITECTURAL
ELEVATIONS FOR 10 CONDOMINIUM BUILDINGS EACH
CONTAINING 10 RESIDENTIAL CONDOMINIUM UNITS, AND
APPROVE A PROJECT SITE PLAN ON PROPERTY
GENERALLY LOCATED SOUTH OF PALOMAR AIRPORT
ROAD, EAST OF EL CAMINO REAL, NORTH OF THE FUTURE
EXTENSION OF POINSETTIA LANE AND WEST OF THE
FUTURE EXTENSION OF EL FUERTE STREET IN LOCAL
FACILITIES MANAGEMENT ZONE 17.
CASE NAME: BRESSI RANCH AFFORDABLE HOUSING CASE NO.: CT 03-03/CP 03-03
The City Council of the City of Carlsbad, California, does hereby resolve as
follows:
WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
Commission did, on September 17, 2003, hold a duly noticed public hearing as prescribed by
law to consider a Tentative Tract Map and Condominium Permit; and
WHEREAS, the City Council of the City of Carlsbad, on the 28'h day of October
2003, held a duly noticed public hearing to consider the Tentative Tract Map and Condominium
Permit, and at the time received recommendations, objections, protests, comments of all
persons interested in or opposed to CT 03-03/CP 03-03; 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. That the recommendation of the Planning Commission for the approval of
Tentative Tract Map CT 03-03 and Condominium Permit CP 03-03 is approved by the City
Council and that the findings and conditions of the Planning Commission contained in Planning
Commission Resolutions No. 5463 and 5465, on file with the City Clerk and made a part hereof
by reference, are the findings and conditions of the City Council, except as follows:
Developer shall post notices on properties owned and controlled by him
at key locations throughout the Bressi Ranch Master Plan to the satisfaction of the Planning
Director disclosing that the site will be developed in the future as non-residential uses including
a commercial center, industrial buildings, community facilities and schools. Developer shall use
all reasonable efforts to obtain permission to post such same notices on properties within the
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boundaries of the Bressi Ranch Master Plan area not under his immediate ownership and
control.
Developer shall provide notice in the CC&R’s disclosing the fact that
Homeowner’s Association fees are established and enforced by the Homeowner’s Association
Board of Directors and shall in all likelihood increase over time.
3. This action is final the date this resolution is adopted by the City Council.
The Provisions of Chapter 1.16 of the Carlsbad Municipal Code, “Time Limits for Judicial
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 review must be filed in
the appropriate court not later than the nineteenth 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 deposit in an
amount sufficient to cover the estimated cost or 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, CA. 92008.”
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the 28th day of October, 2003, by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Kulchin, Hall and Packard.
NOES: None.
AB&NT: None.
ATTEST: /
‘sEY
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