HomeMy WebLinkAbout2007-11-09; City Council; Resolution 2007-2901 RESOLUTION NO. 2007-290
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A TENTATIVE
3 TRACT MAP (CT 04-26) AND PLANNED DEVELOPMENT
4 PERMITS (PUD 06-12/PUD 06-13/PUD 06-14) TO
SUBDIVIDE 73.45 ACRES INTO 304 RESIDENTIAL LOTS,
5 5 RECREATION AREA LOTS, AND 22 HOA LOTS WITHIN
PLANNING AREAS 16, 17, AND 18 IN THE EAST VILLAGE
6 OF ROBERTSON RANCH ON PROPERTY GENERALLY
LOCATED NORTH OF CANNON ROAD, WEST OF
7 COLLEGE BOULEVARD AND EAST OF FUTURE WIND
TRAIL WAY IN LOCAL FACILITIES MANAGEMENT
8 ZONE 14.
CASE NAME: ROBERTSON RANCH PAs 16, 17 & 18
y CASE NO.: CT 04-26/PUD 06-12/PUD 06-13/PUD 06-14
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WHEREAS, pursuant to the provisions of the Municipal Code, the
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Planning Commission did, on October 3, 2007, hold a duly noticed public hearing as
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prescribed by law to consider a Tentative Tract Map (CT 04-26) and Planned
M Development Permits (PUD 06-12, PUD 06-13, and PUD 06-14); and
15 WHEREAS, the City Council of the City of Carlsbad, on the 6th day
16 of November. 2007, held a duly noticed public hearing to consider said Tentative Tract
17 Map and Planned Development Permits and at that time received recommendations,
18 objections, protests, comments of all persons interested in or opposed to CT 04-26,
19 PUD 06-12, PUD 06-13, and PUD 06-14; and
20 NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of
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the City of Carlsbad as follows:
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1. That all recitations are true and correct.23
24 2. That the recommendation of the Planning Commission for the
approval of the Tentative Tract Map (CT 04-26) and Planned Development Permits
25 (PUD 06-12, PUD 06-13, and PUD 06-14) is approved by the City Council and that the
findings and conditions of the Planning Commission as set forth in Planning
26 Commission Resolutions No. 6343, 6344, 6345, and 6346, on file with the City Clerk
and made a part hereof by reference, are the findings and conditions of the City
27 Council, except that Condition No. 31 of Planning Commission Resolution 6343 shall be
replaced as follows:28
1 31. Prior to approval of the final map, the Developer shall make an
irrevocable offer of dedication to the City of Carlsbad of a trail
2 easement shown on the Tentative Map within Open Space
Lot(s) 310 and 311. The trail shall be constructed prior to the
issuance of any building permits and maintained by the
4 applicant at its expense until such time as it is accepted by the
City. Prior to acceptance of the trail easement by the City of
5 Carlsbad, the maintenance for the trail shall be the
responsibility of the Master Homeowners Assocation.
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3. The action is final the date this resolution is adopted by the City
7 Council. The Provisions of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits
for Judicial Review" shall apply:8
9 "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,
11 which has been made applicable in the City of Carlsbad by
Carlsbad Municipal Code Chapter 1.16. Any petition or other paper
12 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,
15 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
16 record is either personally delivered or mailed to the party, or his
attorney of record, if he has one. A written request for the
17 preparation of the record of the proceedings shall be filed with the
City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad,
18 CA. 92008."
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 6th day of November, 2007, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
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ATTEST:
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