HomeMy WebLinkAbout2005-02-01; City Council; Resolution 2005-0301
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RESOLUTION NO. 2005-030
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A TENTATIVE TRACT
SITE DEVELOPMENT PLAN AND COASTAL DEVELOPMENT
OF THE SUBDIVISION AND DEVELOPMENT OF 18,337
SQUARE FEET OF COMMERCIAURETAIL USES, A 3,296
CONDOMINIUM UNITS, 15 LOFT CONDOMINIUM UNITS, AND
12 AFFORDABLE APARTMENTS ON 5.29 ACRES GENERALLY
LOCATED SOUTH OF AVENIDA ENCINAS AND NORTH OF
WITHIN THE MELLO II SEGMENT OF THE CITY’S LOCAL
COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT
ZONE 22.
CASE NAME: POINSETTIA COMMONS
MAP, NON-RESIDENTIAL PLANNED DEVELOPMENT PERMIT,
PERMIT TO DEVELOP A MIXED-USE PROJECT CONSISTING
SQUARE FOOT DAY CARE CENTER, 51 LIVE-WORK
THE EAST-WEST SEGMENT OF EMBARCADERO LANE
CASE NO.: CT 04-1 I/PUD 04-1O/SDP 04-09EDP 04-26
The City Council of the City of Carlsbad, California, does hereby resolve as
follows:
WHEREAS, the Planning Commission did, on January 5, 2005, hold a duly
noticed public hearing as prescribed by law to consider Tentative Tract Map CT 04-1 1, Non-
Residential Planned Development Permit PUD 04-1 0, Site Development Plan SDP 04-09, and
Coastal Development Permit CDP 04-26 to develop a mixed-use project consisting of the
subdivision and development of 18,337 square feet of commercial/retail uses, a 3,296 square
foot day care center, 51 live-work condominium units, 15 loft condominium units, and 12
affordable apartments on 5.29 acres and adopted Planning Commission Resolutions 5806,
5807, 5808, and 581 0 recommending to the City Council that they be approved; and
WHEREAS, the City Council of the City of Carlsbad, on the jsJ day of
FEBRUARY, 2005, held a duly noticed public hearing as prescribed by law to consider the
Tentative Tract Map, Non-Residential Planned Development Permit, Site Development Plan,
and Coastal 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
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factors relating to the Tentative Tract Map, Non-residential Planned Development Permit, Site
Development Plan, and Coastal 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 recommendation of the Planning Commission for the approval of
Tentative Tract Map CT 04-1 1, Non-Residential Planned Development Permit PUD 04-1 0, Site
Development Plan SDP 04-09, and Coastal Development Permit CDP 04-26 is approved by the
City Council and that the findings and conditions of the Planning Commission contained in
Planning Commission Resolution Nos. 5806, 5807, 5808, and 5810, on file with the City Clerk
and made a part hereof by reference, are the findings and conditions of the City Council except:
a. A mixture of 48” and 60” box specimen or field grown trees shall be planted
along the south edge of Building Nos. 8 and 9 to create a landscape screen
between this building and the existing single-family homes in Water’s End.
The exact mixture of species and specimen size shall be subject to the
review and approval of the Planning Director.
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.”
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PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the 15t day of FEBRUARY , 2005, by the
following vote, to wit:
AYES:
NOES: None
ABSENT: None
Council Members Lewis, Hall, Kulchin, Packard, Sigafoose
CLAUDE A. LEWIS MATT HALL, Mayor' Pro Tern
ATTEST:
LORRAINE M. W&D, City Clerk '
(SEAL)
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