HomeMy WebLinkAbout2004-04-13; City Council; Resolution 2004-0961
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RESOLUTION NO. 2004-096
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ADOPTING A MITIGATED
NEGATIVE DECLARATION AND MITIGATION MONITORING
AND REPORTING PROGRAM AND APPROVING A TENTATIVE
TRACT MAP (CT 02-28), SITE DEVELOPMENT PLAN (SDP 03-
18), CONDOMINIUM PERMIT (CP 02-13) AND HILLSIDE
DEVELOPMENT PERMIT (HPD 02-14) TO ALLOW THE
CONSTRUCTION OF 58 AIRSPACE CONDOMINIUM UNITS ON
PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF
LA COSTA AVENUE, EAST OF EL CAMINO REAL AND WEST
OF CASTILLA WAY, WITHIN LOCAL FACILITIES
MANAGEMENT ZONE 6.
CASE NAME: LA COSTA CONDOMINIUMS
CASE NO.: CT02-28ISDP 03-1 8/CP 02-1 3/HDP 02-1 4
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 February 4, 2004, hold a duly noticed public hearing as prescribed by law
to consider a Tentative Tract Map (CT 02-28), Site Development Plan (SDP 03-18),
Condominium Permit (CP 02-13) and Hillside Development Permit (HPD 02-14); and
WHEREAS, the City Council of the City of Carlsbad, on the 13th day of
, 2004, held a duly noticed public hearing to consider the Tentative Tract April
Map (CT 02-28), Site Development Plan (SDP 03-18), Condominium Permit (CP 02-13) and
Hillside Development Permit (HDP-02-14), and at the time received recommendations,
objections, protests, comments of all persons interested in or opposed to CT 02-281SDP 03-
18/CP 02-13/HDP 02-14; 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 02-28), Site Development Plan (SDP 03-18), Condominium Permit
(CP 02-13) and Hillside Development Permit (HDP 02-14) is approved by the City Council with
the addition of this requirement that the retaining walls along the subject site’s frontage shall be
moved south to maintain a sight distance of 575 feet at the project entrance and that the
findings and conditions of the Planning Commission contained in Planning Commission
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Resolutions No. 5554, 5555, 5556, 5557 and 5558, on file with the City Clerk and made a part
hereof 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 Council.
The Provisions of Chapter 1 .I6 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 13th day of April , 2004, by the
following vote, to wit:
AYES: Council Members Lewis, Finnila, Kulchin, Hall, and
NOES: None
Packard
ABSENT: None
ATTEST:
(SEAL)
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