HomeMy WebLinkAbout2010-02-16; City Council; Resolution 2010-027EXHIBIT 1
RESOLUTION NO. 701 0-037
A RESOLUTION OF THE ClTY COUNCIL OF THE ClTY OF
CARLSBAD, CALIFORNIA, APPROVING A DETERMINATION
THAT THE PROJECT IS WITHIN THE SCOPE OF A
PREVIOUSLY ADOPTED MITIGATED NEGATIVE
DECLARATION AND APPROVING TENTATIVE TRACT MAP
AMENDMENT CT 04-IO(A), CONDOMINIUM PERMIT
AMENDMENT CP 04-05(A), COASTAL DEVELOPMENT PERMIT
AMENDMENT CDP 04-23(A) AND RESCISSION OF SITE
DEVELOPMENT PLAN SDP 04-07 TO SUBDIVIDE 20.4 ACRES
INTO TWO RESIDENTIAL LOTS FOR 82 AIRSPACE
CONDOMINIUM UNITS AND THREE OPEN SPACE LOTS ON
PROPERTY GENERALLY LOCATED SOUTHEAST OF THE
INTERSECTION OF CASSIA ROAD AND POINSETTIA LANE IN
THE MELLO II SEGMENT OF THE LOCAL COASTAL
PROGRAM AND IN LOCAL FACILITIES MANAGEMENT ZONE
21.
CASE NAME: POINSETTIA PLACE
CASE NO.: CT 04-1 O(A)/CP 04-05(A)/CDP 04-23(A)/SDP
04-07
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 December 16, 2009, hold a duly noticed public hearing as prescribed by
law to consider Tentative Tract Map amendment CT 04-10(A), Condominium Permit
amendment CP 04-05(A), Coastal Development Permit amendment CDP 04-23(A) and the
rescission of Site Development Plan SDP 04-07; and
WHEREAS, the City Council of the City of Carlsbad, on the 16th day of
February , 2010, held a duly noticed public hearing to consider said Tentative Tract
Map amendment, Condominium Permit amendment, Coastal Development Permit amendment,
and rescission of Site Development Plan SDP 04-07, and at that time received
recommendations, objections, protests, comments of all persons interested in or opposed to CT
04-10(A), CP 04-05(A), CDP 04-23(A) and the rescission of Site Development Plan SDP 04-07.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of
the City of Carlsbad as follows:
1. That the above recitations are true and correct.
1 2. That the recommendation of the Planning Commission for the
determination that the project is within the scope of a previously adopted mitigated negative
2 declaration and approval of a Tentative Tract Map amendment, Condominium Permit
amendment, Coastal Development Permit amendment and rescission of a Site Development
3 Plan are adopted and approved, and that the findings and conditions of the Planning
Commission contained in Planning Commission Resolutions No. 6650, 6651, 6652, and 6653
4 on file with the City Clerk and incorporated herein 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 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial
Review" shall apply:
8 "NOTICE TO APPLICANT"
Q 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
16 Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA. 92008."
17 ///
18 ///
19
20 ///
21 ///
22 ///
23 ///
24 ///
25 ///
26 ///
27 ///
28
-2-
1
2
3
4
5
6
7
g
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 16th day of February, 2010, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall and Packard.
NOES: None.
ABSENT: Council Member Blackburn.
>, Mayor
ATTEST:
__
LORRAINE M.WOODVCity Clerk
(SEAL)
Karen R. ,Kundtz. Assistant City Clerk