HomeMy WebLinkAbout1994-03-22; City Council; 12636; Sambi Seaside Heightsr ‘TY OF CARLSBAD - AG’-‘IDA BILL
APPROVAL OF A CONDITIONAL NEGATIVE DECLARATION, TENTATIVE SUBDIVISION MAP, DEPT. HD.
PLANNED UNIT DEVELOPMENT, SITE DEVELOPMENT CITY ATT- I DEPT. CA I PLANANDHILLSIDEDEVELOPMENTPERMIT APPLICANT:SAMBI CASE NO: RECOMMENDED ACTION: CT 92-02/FWD 92-03/SDP 92-06/HDP 92-03 I CITY MGR.
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If Council concurs your action is adopt Resolution No. approving the Conditional Negative Declaration, TeS Subdivision Map (CT 92-02), Planned Unit Development (PUD 92-03), Site Development Plan (SDP 92-06) and Hillside Development Permit (HDP 92-03).
ITEM EXPLANATION
The City Council, at your meeting of March 15, 1994, voted 4-O (Council Member Finnila absent) approving the Tentative Subdivision Map (CT 92-02), Planned Unit Development (PUD 92-03), Site Development Plan (SDP 92-06) and Hillside Development Permit (HDP 92-03) and directed the City Attorney to prepare the necessary document. That document has been prepared and is attached.
Condition No. 59 was amended as shown on the resolution.
The Council should satisfy itself that the findings and conditions as recommended by itself and the Planning Commission accurately reflect your intentions in the matter.
EXHIBITS
Resolution No. 94-87
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RESOLUTION NO. 94-87
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A CONDITIONAL NEGATIVE DECLARATION, TENTATIVE SUBDIVISION MAP (CT 92-02), PLANNED UNIT DEVELOPMENT (PUD 92-03), SITE DEVELOPMENT PLAN (SDP 92-06) AND HILLSIDE DEVELOPMENT PERMIT (HDP 92-03) FOR A 129 SINGLE FAMILY UNITS, 76 TOWNHOMES, 72 CONDOMINIUM UNITS, 72 APARTMENT UNITS AND 2 FUTURE COMMUNITY FACILITIES SITES ON 68 ACRES OF LAND GENERALLY LOCATED EAST OF PASEO DEL NORTE AND NORTH OF CAMINO DE LAS ONDAS IN LOCAL FACILITIES MANAGEMENT PLAN ZONE 20. APPLICANT: SAMBI CASE NO: CT 92-02/PUD 92-03/SDP 92-06/HDP 92-03
WHEREAS, on December 15, 1993 the Carlsbad Planning
Commission held a duly noticed public hearing to consider a
proposed conditional Negative Declaration, Tentative Subdivision
Map (CT 92-02), Planned Unit Development (PUD 92-03), Site
Development Plan (SDP 92-06) and Hillside Development Permit (HDP
92-03) for a 129 single family units, 76 townhomes, 72 condominium
units, 72 apartment units and 2 future community facilities sites
and adopted Resolutions Nos. 3590, 3591, 3592 * 3993 and 3594 ,
respectively, recommending to the City Council that the Tentative
Subdivision Map (CT 92-02), Planned Unit Development (PUD 92-03),
Site Development Plan (SDP 92-06) and Hillside Development Permit
(HDP 92-03) be approved; and
WHEREAS, the City Council of the City of Carlsbad, held
a public hearing on March 15, 1994 to consider the recommendations
and heard all persons interested in or opposed to Conditional
Negative Declaration, Tentative Subdivision Map (CT 92-02), Planned
Unit Development (PUD 92-03), Site Development Plan (SDP 92-06) and
Hillside Development Permit (HDP 92-03); and
WHEREAS, a Conditional Negative Declaration was issued on
August 5, 1993 and submitted to the State Clearinghouse for a 30
.
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12 conditions of the Planning Commission.contained in Resolutions Nos.
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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.
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, Tentative
Subdivision Map (CT 92-02), Planned Unit Development (PUD 92-03),
Site Development Plan (SDP 92-06) and Hillside Development Permit
(HDP 92-03) for this project are approved and that the findings and
3590, 3591, 3592, 3593 and 3594, respectively, on file with the
City Clerk and incorporated herein by reference, are the findings
and conditions of the City Council with the following amended and
new conditions:
a. Condition No. 56 is amended to read as follows:
"To offset the conversion of non-prime agricultural land to urban land uses per the requirements of the Mello II Local Coastal Program (LCP) the applicant shall implement one of the following three mitigation options prior to approval of the final map:
(1) Preserve prime agricultural property within the Coastal Zone consistent with the provisions of the Carlsbad LCP; or
(2) Illustrate that continued or renewed agricultural use is not feasible per the guidelines of Mitigation Option 2 of the Local Coastal Program: or
(3) Provide payment of an agricultural mitigation fee, the amount of which shall not be less than $5,000 nor more than $10,000 for each net converted acre. The amount of the fee shall be determined prior to approval of the final map and shall be consistent with the provisions of Carlsbad's LCP."
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3. This action is final the date this resolution is
adopted by the City Council. The provision of Chapter 1.16 of the
Carlsbad
apply:
Municipal Code, "Time Limits for Judicial Review" shall .
"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 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."
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the
City Council of the City of Carlsbad on the znd day of MARCH
1994, by the following vote, to wit:
AYES: Council Members Lewis, Stanton, Nygaard
NOES: None
ABSENT:
ABSTAINED:
ATTEST:
aQakJ?* ALETHA L. RAUTE (SEAL)
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