HomeMy WebLinkAbout1992-04-14; City Council; 11646; Evans PointRECOMMENDED ACTION:
If Council concurs your action is adopt Resolution No. qk-/Cq approving the certification of EIR 91-2, and approving GPA 91- 3/LCPA 91-l/ZC 91-6/CT 91-3/HDP 91-3/SUP 91-2; and adopt Ordinance No. NS-195 approving ZC 91-6.
ITEM EXPLANATION
The City Council at your meeting of April 7, 1992 directed our office to prepare documents certifying the Environmental Impact Report and approving the General Plan Amendment, Local Coastal Plan Amendment, Zone Change, Tentative Tract Map, Hillside Development Permit and Special Use Permit as noted above. As determined by vote of the City Council, Condition Nos. 23 and 96(F) of CT 91-3 have been amended. The appropriate resolution is attached. The Council should satisfy itself that the findings and conditions as recommended by the Planning Commission and as modified by the Council accurately reflect your intentions in the matter.
EXHIBITS
Resolution No. qa--/o? Ordinance No. NS-195
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ORDINANCE NO. NS-195
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY AN AMENDMENT TO THE ZONING MAP TO GRANT A ZONE CHANGE, ZC 91-6 FROM 'LC to R-l AND OS ON PROPERTY GENERALLY LOCATED ON THE SOUTHWESTERLY SIDE OF EL CAMINO REAL BETWEEN THE FUTURE EXTENSION OF CANNON ROAD AND EXISTING CAMINO HILLS DRIVE. CASE NAME: EVANS POINT CASE NO.: ZC 91-6
The City Council of the City of Carlsbad, California
does ordain as follows:
9 SECTION I: That Title 21 of the Carlsbad Municipal Code
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is amended by the amendment of a zoning map as shown on the map
marked "Exhibit ZC 91-6'! attached hereto and made a part hereof. .
12 SECTION II: That the findings and conditions of the
13 Planning Commission as set forth in Planning Commission Resolution
14 3351 constitutes the findings and conditions of the City Council.
15 EFFECTIVE DATE: This ordinance shall be effective
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18 least once in the Carlsbad Journal within fifteen days after its
19 adoption.
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INTRODUCED AND FIRST READ at .a regular meeting of the
thirty days after its adoption, and the City Clerk shall certify
to the adoption of this ordinance and cause it to be published at
Carlsbad City Council on the 7th day of April I
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1992, and thereafter
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PASSED AND ADOPTED at a regular meeting of the City
Council of the City of Carlsbad on the 14th day of
April I 1992, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Larson and Nygaard
NOES: None
ABSENT: None
ABSTAIN: Council Member Stanton APPROVED AS TO FORM AND LEGALITY
ATTEST:
ALETHA L.
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City of Cd8bd 1
EVANS POINT ZC 91-6
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RESOLUTION NO. 92-109
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA CERTIFYING AN
3 ENVIRONMENTAL IMPACT REPORT (EIR 91-2) AND APPROVING A GENERAL PLAN AMENDMENT (GPA 91-3),
4 LOCAL COASTAL PLAN AMENDMENT (LCPA 91-l), ZONE CHANGE (ZC 91-6), TENTATIVE TRACT MAP (CT 91-
5 3), HILLSIDE DEVELOPMENT PERMIT (HDP 91-3 AND SPECIAL USE PERMIT (SUP 91-2) AND FOR A 205
6 LOT/199 SINGLE FAMILY DWELLING UNIT SUBDIVISION ON APPROXIMATELY 59.4 ACRES ON
7 PROPERTY GENERALLY LOCATED SOUTHWESTERLY OF EL CAMINO REAL BETWEEN THE FUTURE EXTENSION OF
8 CANNON ROAD AND EXISTING CAMINO HILLS DRIVE APPLICANT: EVANS POINT
9 CASE NO: EIR 91-2/GPA 91-l/LCPA 91-l/ ZC 91-6/CT 91-3/HDP 91-3/
10 SUP 91-2/EIR 91/2
11 II WHEREAS, on February 19, 1992 the Carlsbad Planning
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Commission held a duly+.noticed public hearing to consider a
proposed Environmental Impact Report (EIR 91-2), General Plan
Amendment (GPA 91-3), Local Coastal Plan Amendment (LCPA 91-l),
Zone Change (ZC 91-6), Tentative Tract Map (CT 91-3), Hillside
Development Permit (HDP 91-3) and Special Use Permit (SUP 91-2) for
a 205 lot/199 single family dwelling unit subdivision on
approximately 59.4 acres on property generally located
19 southwesterly of El Camino Real between the future extension of
20 Cannon Road and existing Camino Hills Drive. At the conclusion of
21 the hearing the Commission adopted Resolution Nos. 3348, 3349,
3350, 3351, 3352, 3353 and 3354 respectively, recommending to the
City Council that EIR 91-2/GPA 91-3/LCPA 91-l/ZC 91-6/CT 91-3/HDP
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24 91-3/SUP 91-2 be approved: and
25 WHEREAS, the City Council of ,the City of Carlsbad on
26 April 7, 1992 held a duly noticed public hearing to consider the
27 Commission's recommendations and heard all persons interested in or
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opposed to EIR 91-2/GPA 91-3/LCPA 91-l/ZC 91-6/CT 91-3/HDP 91-3/SUP
91-2; 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 findings of the Planning Commission in
Resolution No. 3348 on file with the City Clerk and incorporated
herein by reference, recommending certification of Environmental
Impact Report EIR 91-2, are the findings of the City Council in
this matter.
3. That the findings of the Planning Commission in
Resolution No. 3349, on fkle with the City Clerk and incorporated
herein by reference, are the findings of the City Council in this
matter and that the Land Use Element of the General Plan GPA 91-3
be amended from RL on 38.7 acres and RLM on 89.4 acres to OS on
59.4 acres and RLM on 68.7 acres on property generally located on
the southwesterly side of El Camino Real between the future
extension of Cannon Road and existing Camino Hills Drive.
4. That the findings of the Planning Commission in
Resolution No. 3350, on file with the City Clerk and incorporated
herein by reference, are the findings of the City Council in this
matter and that the Local Coastal Plan LCPA 91-1 be amended from PC
to the RLM and OS designations proposed by the General Plan
Amendment.
5. That the findings of the Planning Commission in
Resolution No. 3351, on file with the City Clerk and incorporated
herein by reference, are the findings of the City Council in this
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matter and that a Zone Change ZC 91-6 from L-C to R-l on 68.7 acres
and O-S on 59.4 acres is appropriate.
6. That the Tentative Tract Map CT 91-3 of this project
is approved and that the findings and conditions of the Planning
Commission in Resolution No. 3352, on file with the City Clerk and
incorporated herein by reference, are the findings and conditions
of the City Council with the exception of the following:
A. That Condition No. 23 be amended to read as
follows:
"Existing onsite trees within proposed open space shall be retained wherever possible and shall be trimmed and/or topped. Dead, decaying or potentially dangerous trees shall be approved for removal at the discretion of the Planning Department during the review of a Master Plan submitted showing existing onsite trees. Those trees which are approved for removal shall be replaced on a tree-for-tree basis as required by the Planning Department. The trees provided as a result of this condition shall not satisfy any other tree conditions, including those specified in Condition Nos. 24 and 32."
follows: B. That Condition No. 96(F) be amended to read as
Wpon notice by the City Engineer, a temporary turnaround and barricade on Camino Hills Drive at the northerly project boundary to be constructed after an alternative circulation route for Camino Hills Mobile Home Park is open. 'The alternative route shall meet cul-de-sac policy.1t
7. That the Hillside Development Permit HDP 91-3 is
approved and that the findings and conditions of the Planning
Commission contained in Resolution No. 3353, on file with the City
Clerk and incorporated herein by reference, are the findings and
conditions of the City Council.
8. That the Special Use Permit SUP 91-2 is approved and
that the findings and conditions of the Planning Commission
'contained in Resolution No. 3354, on file with the City Clerk and
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incorporated herein by reference, are the findings and conditions
of the City Council.
10. This action is final the date this resolution is
adopted by the City Council. The provision 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 judicial review must be filed in the appropriate court not later than the ninetieth 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 proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cost of 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
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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, California 92008."
I EFFECTIVE DATE: This resolution shall be effective upon
' its adoption, except as to the General Plan Amendment, which shall
be effective thirty (30) days following its adoption.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the
City Council of the City of Carlsbad on the 14th day of April
1992, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Larson and Nygaard
NOES:
ABSENT:
ABSTAIN:
ATTEST:
ALETHA L. RAUTENKkANZ, City Cle??$
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h/RITE IT - DON’T SA+ IT! c.27
Date 4/20 19 92
To File 0 Reply Wanted
From Karen Cl No Reply Necessary
RE: EIR 91-2/GPA 91-3/LCPA 91-l/ZC 91-6/CT 91-3/HDP 91-3/SUP 91-2 -
EVANS POINT
Representative of the application (Jennifer of Hofman Planning Assoc.)
picked up the applicant's copy of Resolution 92-109 and Ord. NS-195
on April 16, 1992. They were not charged for those copies which are for the applicant, and we therefore, are not furnishing another set of copies free to the applicant.
K.
AIGNER FORM NO. 5CO32
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Proof of Publication
STATE OF CALIFORNIA, ss.
COUNTY OF SAN DIEGO,
I am a citizen of the United States and a resident of the county aforesaid;
I am over the age of eighteen years, and not a party to or interested in the above entitled matter.
I am principal clerk of the printer of the Carlsbad Journal, a newspaper of general circulation,
published weekly in the City of Carlsbad, County of San Diego, State of California, and which newspaper
is published for the dissemination of loca1 news and intelligence of a genera1 character, and which
newspaper at all times herein mentioned had and still has a bona fide subscription list of paying
subscribers, and which newspaper has been established, printed and published at regular intervals in the
said City of Oceanside, County of San Diego, State of California, for a period exceeding one year next -n., v-p-
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ORDmANCE NO. NS-195 tions of the City Council. EFFECTIVE DATE: This ordi- !, preceding the date of publication of the
AN ORDINANCE OF TRE CITY COUNCIL OF THE CITY OF nnnce shall be effective thirty days.
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notice hereinafter referred to; and that the
! CARLSBAD. CALIFORNIA, AMENDING TITLE 21 OF THE after Its adoption, and the City Clerk shall certiFy to the adoption of this ordinance and cause it to be ~ notice of which the annexed is a printed
CARLSBAD MUNICIPAL CODE BY AN AMENDMENT TO THE published at least once in the Carls- 1
WNING MAP TO GRANT A L-a ‘--~-la1 within fltteen days ef- oau Jou=
copy, has been published in each regular
U)NE CHOW-‘” VC. 0. I,7-n.. .uu,ubnluryvnr ter Its adc ~~~ -~- --mm. 2.1 ANTI 05 ON INTRODUCED AND FIRST and entire issue of said newspaper and not
READ at a regular meeting of the in anv sunnlem~nt thprpnf nn the fnllnw- Lc TOI. _ -1.11. PROPERTY GENERmmp_ _ ALLY LOCATED ON THE Carlsbad City Council on the 7th --- ---/ - -= r - - -- _ -- _ - - - _ - - - - - --- --- ----- . .
SOUTHWESTERLY SIDE OF EL day of April, 1292, and thenatter CmNO WA, PF-Phi TZZP PASSED AND ADOPTED at a ing dates, to-wit: 8-Y YYA . . . ..a.. L.&Y EXTENSION OF )AD AND EXISTING ) HILLS DRIVE IE: EVANS POINT ’ NO.: ZC 01-d _..-A
The City Council of the City of Carlsbad.Califomla’does ordain as
regular meeting of the City Council of the City of Carlsbad on the 14th day of April, 1892, by the followtng vote, to wit:
FUTURE CANNON RC CAMIN( CASE NAb CASF
follows: SECTION I: That Title 21 of the Carlsbad Municipal Code is amended by the amendment of a zoning map as shown-on the map marked “Exhibit ZC 01-S” attached hereto and made a part henof. SECTION II: That the findings and conditions of the Planning Commlsflon as set forth in Plan- ning Commission Resolution 2251 constltutes the findings and condi-
AYES: Council Members Lewis, Kulchin. Larson and Nygaard NOES: None ABSENT: None ABSTAIN: Council Member Stanton APPROVED AS TO FORM.ANDLE%ALllY RONALD R. BALL Acting City Attorney 415.Ba CLAUDE A. LEWIS
MPy0r ATTEST: ALETHA L RAUTENKRANZ City Clerk
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EVANS POINT I ~~ zc sl-s
April 23 19 92
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I certify under penalty of perjury that the
foregoing is true and correct. Executed at
Carlsbad, County of San Diego, State of
California on the 23rd
day of . nri 1 1997
L Clerk of the Printer
CJ 8811: April !43,1S92