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HomeMy WebLinkAbout1993-11-02; City Council; 12457; Discretionary Applications For Villa Lomac’““Y OF CARLSBAD - AGE-3A BILL liB# &~~-i TITLE: MTG. 11/2/93 - APPROVALOFVARIOUSDISCRETIONARYAPPLICONS NECESSARYTOAPPROVETHEVILLAS ATEL CAMINO DEPT. CA REALPROJECT. ZC 93-02/SDP 93-06/SUP 93-02/ HDP 93-08 RECOMMENDED ACTION: DEPT. HD. CITY ATTY 62 CITY lUGFi~- If Council concurs , your action is to adopt Resolution No. 92-30& and Ordinance No. NS-264, approving the various discretionary applications necessary to approve the Villas at El Camino Real project. ITEM EXPLANATION The City Council, at your meeting of October 26, 1993, directed our office to prepare documents approving various discretionary applications necessary to approve the Villas at El Camino Real project. ZC 93-02/SDP 93-06/SUP 93-02/HDP 93-08. The Council approved the Conditional Negative Declaration, the Site Development Plan and Ordinance No. NS-264. Council should satisfy itself that the findings and conditions as recommended by the Planning Commission and as changed per your direction accurately reflect your intentions in the matter. EXHIBITS Resolution No. ,9.?-3@- Ordinance No. NS-264 RESOLUTION NO. 93-302 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A CONDITIONAL NEGATIVE DECLARATION, SITE DEVELOPMENT PLAN, SPECIAL USE PERMIT AND HILLSIDE DEVELOPMENT PERMIT FOR A 344 DWELLING UNIT APARTMENT PROJECT ON PROPERTY GENERALLY LOCATED ADJACENT TO AND WEST OF EL CAMINO REAL, SOUTH OF CAMINO VIDA ROBLE, NORTH OF ALGA ROAD IN THE SOUTHWEST QUADRANT OF THE CITY, IN LOCAL FACILITIES MANAGEMENT PLAN ZONE 21. APPLICANT: VILLAS AT EL CAMINO REAL C CASE NO.' 9 WHEREAS, a verified application for a conditional use 10 permit for certain property to wit: 11 12 mw3 9 I?r- 13 9% 8 OW, i!q, 14 ;g# 9 +& 15 0 $gii, p$ 16 ug p-3 l7 G Parcel 2 of Parcel Map No. 1188, in the County of San Diego, State of California, according to map thereof filed in the office of County Recorder of San Diego County, December 20, 1972. has been filed with the City of Carlsbad and referred to the Planning Commission; and WHEREAS, the Planning Commission did on September 1, 1993 hold a duly noticed public hearing as prescribed by law to consider 18 said application for Special Development Permit (SDP 93-06), 19 Special Use Permit (SUP 93-02) and Hillside Development Permit (HDP 20 93-08); and 21 WHEREAS, the Planning Commission did on September 1, 22 1993, after hearing and considering all the evidence and testimony 23 of all people desiring to be heard, adopt Resolutions Nos. 3536, 24 3538, 3539 and 3540 recommending approval of the Conditional 25 Negative Declaration, Site Development Plan (SDP 93-06), Special 26 Use Permit (SUP 93-02) and Hillside Development Permit (HDP 93-08): 27 'and 28 WHEREAS, on October 26, 1993 the City Council of the City of Carlsbad held a duly noticed public hearing as prescribed by law 1 2 3 4 5 6 7 6 9 10 11 12 18 19 20 21 22 23 24 25 26 27 28 - to consider all the evidence, testimony, and argument of those persons present and desiring to be heard and approved the Conditional Negative Declaration, Site Development Plan (SDP 93- 06) t Special Use Permit (SUP 93-02) and Hillside Development Permit (HDP 93-08); and WHEREAS, a Conditional Negative Declarationwas issued on July 22, 1993 and submitted to the State Clearinghouse for a 30 day review period. All comments received from that review period are fully incorporated into the conditions of approval for the specific plan and other project approvals and these conditions will be reviewed through a monitoring program set up for the project. WHEREAS, the findings and conditions of the Planning Commission in Resolutions No. 3536, 3538, 3539 and 3540 approving the Conditional Negative Declaration, Site Development Plan (SDP 93-06), Special Use Permit (SUP 93-02) and Hillside Development Permit (HDP 93-08); constitute the findings and decision of the City Council; and WHEREAS, The City Council on October 26, 1993 approved a Conditional Negative .Declaration in compliance with the City of Carlsbad Environmental Protection Ordinance and the California. Environmental Quality Act, 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 Conditional Negative Declaration is approved and that the findings and conditions of the Planning Commission contained in Resolution No. 3536, on file with the City Clerk and incorporated herein by referenced, are the findings and conditions 2 , 1 2 '3 4 5 6 7 8 9 10 11 12 2 8 jg7 13 98 8 OWgj ALO SO-J% 14 Ligg f! u;s$$ 15 @#2x 16 pa ugg g-5 l7 23 18 19 20 21 22 23 24 25 26 27 28 of the City Council. The Council further finds that the impacts to schools have been mitigated by the payment of the maximum impact fee of $2.65 per residential square foot of development as permitted under state law. The Council further finds that the local school which will serve the project has additional capacity and that the payment of such fees will assist in obtaining additional capacity when necessary. The growth in student population has not resulted solely from new development but has also resulted from changing demographic trends beyond the ability of the City to mitigate. 3. That the Site Development Plan SDP 93-06 is approved and that the findings and conditions of the Planning Commission contained in Resolution No. 3538, on file with the City Clerk and incorporated h.erein by reference, are the findings.and conditions of the City Council with the addition of two conditions to read as follows: "1) Prior to issuance of a grading or building permit, the applicant shall pay, or agree to pay, their proportionate share of a fee for the construction of Poinsettia Lane: and "2) Prior to approval of a grading or building permit, whichever occurs first, the property owner shall annex the property into Community Facility District No. 1." 4. That the Special Use Permit SUP 93-02 is approved and that the findings and conditions of the Planning Commission contained in Resolution No. 3539, on file with the City Clerk and incorporated herein by reference, are the findings and conditions of the City Council. 5. That the Hillside Development Permit HDP 93-08 is approved and that the findings and conditions of the Planning Commission contained in Resolution No. 3540, on file with the City 3 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 .- Clerk and incorporated herein by reference, are the findings and conditions of the City Council. 6. 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 become 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 attorney of record, if he has one. A written request for the preparation of the record of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2a 21 22 23 24 2f 2e 2; 2t the proceedings shall be filed with'the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California 92008. " PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 2nd day of NOVEMBER 1993;by the following vote, to wit: AYES: Council Members Lewis, Stanton, Nygaard, Finnila NOES: None ABSENT: Council M ATTEST: 5 I *I 1 2 3 4 5 6 7 8 9 10 11 12 18 19 20 21 '22 23 24 25 26 27 28 ORDINANCE NO. NS-264 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 210F THE CARLSBAD MUNICIPAL CODE BY AN AMENDMENT TO THE ZONING MAP TO GRANT A ZONE CHANGE, ZC 93-02 FROM L-C TO RD-M ON PROPERTY GENERALLY LOCATED ADJACENT TO AND WEST OF EL CAMINO REAL, SOUTH OF CAMINO VIDA ROBLE, AND NORTH OF ALGA ROAD, IN LOCAL FACILITIES MANAGEMENT ZONE 21. CASE NAME: VILLAS AT EL CAMINO REAL E CAS NO: The City Council of the City of Carlsbad, California does ordain as follows: SECTION I: That Title 21 of the Carlsbad Municipal Code is amended by the amendment of the zoning map as shown on the map marked "Exhibit ZC 93-02", attached hereto and made a part hereof. SECTION II: That the findings and conditions of the Planning Commission as set forth in Planning Commission Resolution 3537 constitutes the findings and conditions of the City Council. SECTION III: The Council further finds that this action is consistent with the General Plan and the Housing Element of the General Plan in that it provides affordable housing to low and moderate income households and that conditions for the payment of additional fees would render the project infeasible for development for such use of low and moderate income households. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at . 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 L -. least once in the Carlsbad Sun within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the 26th day of OCTOBER -I 1993, and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held on the 2nd day of NOVEMBER I 1993, by the following vote, to wit: AYES: Council Members Lewis, Stanton, Nygaard, Finnila NOES: None ABSENT: Council Member Kulchin ABSTAIN: None APPROVED AS TO FORM AND LEGALITY i , ATTEST: llItddL/b . ALETHA L. RAUTENERANZ, Ci (SEAL) 2 l-- , EXISTING L-C L-C v P-M RD-M-Q PROPOSED P-C 4 ‘Citg of ClW VILLAS AT EL CAMINO REAL zc 93-02 November 5, 1993 Aviara Land Associates, Ltd. 2011 Palomar Airport Road, #206 Carlsbad, CA 92009 Re: Villas at El Camino Real - ZC 93-2/SDP 93=6/SUP 93-2/BDP 93-8 The Carlsbad City Council, at its meeting of November 2, 1993, adopted Resolution No. 93-302, and Ordinance No. NS-264, approving the various discretionary applications necessary to approve the Villas at El Camino Real Project. Enclosed is a copy of Resolution No. 93-302 and Ordinance No. NS- 264 for your records. ALETHA L. RAUTENKRANZ, CMC City Clerk ALR:ijp Enclosures 1200 Carlsbad Village Drive - Carlsbad, California 92008-l 989 - (619) 434-2808 @