HomeMy WebLinkAbout2004-11-16; City Council; Resolution 2004-3721
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RESOLUTION NO. 2004-372
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING TENTATIVE TRACT
MAP 04-02, PLANNED UNIT DEVELOPMENT 04-01,
TENTATIVE TRACT MAP 04-03, PLANNED UNIT
DEVELOPMENT 04-02, TENTATIVE TRACT MAP 04-04, AND
PLANNED UNIT DEVELOPMENT 04-03 FOR PROPERTY
GENERALLY LOCATED SOUTH OF ALGA ROAD, EAST OF EL
FUERTE STREET AND WEST OF XANA WAY IN LOCAL
FACILITIES MANAGEMENT ZONE 11.
CASENAME: VILLAGES OF LA COSTA RIDGE
NEIGHBORHOODS 2.1 THROUGH 2.5
CASE NO.: CT 04-02/PUD 04-01 /CT 04-03/PUD 04-02/CT
04-04/PUD 04-03
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 October 6, 2004, hold a duly noticed public hearing as prescribed by law to
consider proposed Tentative Tract Map (CT 04-02), Planned Unit Development (PUD 04-01),
Tentative Tract Map (CT 04-03), Planned Unit Development (PUD 04-02), Tentative Tract Map
(CT 04-04) and Planned Unit Development (PUD 04-03); and
WHEREAS, the City Council of the City of Carlsbad, on the 16'h day of
November, 2004, held a duly noticed public hearing to consider the Tentative Tract Maps and
Planned Unit Developments, and at the time received recommendations, objections, protests,
comments of all persons interested in or opposed to CT 04-02/PUD 04-01KT 04-03/PUD 04-
02/CT 04-04 and PUD 04-03; 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 04-02, Planned Unit Development PUD 04-01, Tentative Tract Map CT
04-03, Planned Unit Development PUD 04-02, Tentative Tract Map CT 04-04 and Planned Unit
Development PUD 04-03 is approved by the City Council and that the findings and conditions of
the Planning Commission contained in Planning Commission Resolutions No. 5734, 5735,
5736, 5737, 5739 and 5740, on file with the City Clerk and made a part hereof by reference, are
the findings and conditions of the City Council except condition 15(g) of Planning Commission
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Resolution No. 5736 which shall instead read: “Educational materials regarding the sensitivity
of the HCPIOSMP shall be given to proposed project residents as part of the CC&Rs and, when
a lot is purchased the purchasers shall acknowledge receipt of said educational materials prior
to the close of escrow.”
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 @-day of November 2004, by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Kulchin, Hall and Packard.
NOES: None
OD, City Clerk
(SEAL)
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