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HomeMy WebLinkAbout2007-12-18; City Council; Resolution 2007-3271 RESOLUTION NO. 2007'327 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A TENTATIVE 3 TRACT MAP (CT 06-19), A NONRESIDENTIAL PLANNED 4 DEVELOPMENT PERMIT (PUD 06-16) AND A CONDITIONAL USE PERMIT (CUP 06-17) TO DEVELOP A 5 PROFESSIONAL CARE FACILITY WITH 86 INDIVIDUAL OWNERSHIP CONDOMINIUM UNITS, AN 11-ROOM 6 ASSISTED CARE UNIT, BASEMENT PARKING GARAGE, AND COMMON DINING AND RECREATION ROOMS ON A 7 PREVIOUSLY GRADED 2.5-ACRE PROPERTY GENERALLY LOCATED IN PLANNING AREA 15 OF THE 8 BRESSI RANCH MASTER PLAN NORTH OF PARADISE ROAD, SOUTH OF TOWNGARDEN ROAD, EAST OF COTTAGE DRIVE, AND WEST OF NYGAARD STREET IN 10 LOCAL FACILITIES MANAGEMENT ZONE 17. CASE NAME: CONTINUING CARE FACILITY BRESSI 11 RANCH CASE NO.: CT 06-19/PUD 06-16/CUP 06-17 12 WHEREAS, pursuant to the provisions of the Municipal Code, the .. Planning Commission did, on November 7, 2007, hold a duly noticed public hearing as 15 prescribed by law to consider a Tentative Tract Map (CT 06-19), Non-Residential 16 Planned Development Permit (PUD 06-16), and Conditional Use Permit (CUP 06-17); 17 and 1 8 WHEREAS, the City Council of the City of Carlsbad, on the 1# day of cCCVAxev^. 2007, held a duly noticed public hearing to consider said Tentative 20 Tract Map, Non-Residential Planned Development Permit, and Conditional Use Permit 21 and at that time received recommendations, objections, protests, comments of all 22 persons interested in or opposed to CT 06-19, PUD 06-16, and CUP 06-17; and 23 24 NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of 25 the City of Carlsbad as follows: 26 1 . That all recitations are true and correct. 27 2. That the recommendation of the Planning Commission for the approval of the Tentative Tract Map (CT 06-19), Non-Residential Planned Development 28 Permit (PUD 06-16), and Conditional Use Permit (CUP 06-17) is approved by the City 1 Council and that the findings and conditions of the Planning Commission as set forth in Planning Commission Resolutions Nos. 6270, 6271 and 6272, on file with the City Clerk 2 and made a part hereof by reference, are the findings and conditions of the City Council. 4 3. The 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 5 for Judicial Review" shall apply: 6 "NOTICE TO APPLICANT" 7 The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, 8 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 11 becomes final a request for the record of the deposit in an amount sufficient to cover the estimated cost or preparation of such record, 12 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 15 City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA. 92008." 16 17 18 19 '" 20 21 /// 22 /// 23 /// 24 /// 25 /// 26 27 28 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 18th day of December, 2007, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. 'LEWIS,'May ATTEST: „ & TRAINg M. WOOD/Ojty C|e$ (SEAL) D ^ ?$• rO-v