HomeMy WebLinkAbout1994-08-16; City Council; 12838; Poinsettia Shores Master PlanCr”’ OF CARLSBAD - AGEP’-A BILL
hB # Id, 8X& uu.v TITLE: PLANNING COMMISSION APPROVALS
HTG. 8/16/94 APPLICANT: POINSETTIA SHORES MASTER PLAN DEPT. CA CASE NO: CT 94-Ol/HDP 94-03
SECOMMENDED ACTION:
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DEPT. HD.
CITY ATTY GE?
CITY MGR. .%-
findings to Adopt Resolution No. 9Y-2rlI making the necessary deny the appeal and uphold the Planning Commission's approval of Mitigated Negative Declaration, CT 94-Ol/HDP 94-03.
ITEM EXPLANATION
The City Council, at your meeting of August'9, 1994, directed the City Attorney to prepare the document denying the appeal and affirming the Planning Commission's approval of Tentative Map CT 94-01 and Hillside Development Permit HDP 94-03. That document is attached. The Council should satisfy itself that the findings and conditions accurately reflect your intentions in the matter. If the Council concurs, your action is to adopt Resolution No. ?i(- @t\.
EXHIBIT
Resolution No. sY-cN(
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA DENYING APPLICANT'S APPEAL AND UPHOLDING THE PLANNING COMMISSION'S APPROVAL OF A MITIGATED NEGATIVE DECLARATION FOR A MASTER TENTATIVE MAP AND HILLSIDE DEVELOPMENT PERMIT TO (1) SUBDIVIDE LAND INTO MASTER PLAN PLANNING AREAS, (2) MASS GRADE THIS SITE TO ALLOW DEVELOPMENT OF THE PLANNING AREAS AND (3) CONSTRUCT THE AVENIDA ENCINAS ROADWAY AND OTHER REQUIRED INFRASTRUCTURE CONSISTENT WITH THE POINSETTIA SHORES MASTER PLAN ON PROPERTY GENERALLY LOCATED ON THE SOUTHWEST QUADRANT OF THE CITY, EAST OF CARLSBAD BOULEVARD, WEST OF THE I-5 FREEWAY AND NORTH OF THE BATIQUITOS LAGOON IN LOCAL FACILITIES MANAGEMENT ZONE 9. APPLICANT: POINSETTIA SHORES MASTER TENTATIVE MAP
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CASE NO.: CT 94-Ol/HDP 94-03
WHEREAS, a verified application for a tentative map for
certain property to wit:
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Portions of Lots 1, 2, 3 and 4 together' with portions of the street adjoining said lots, shown as Avenida Encinas, all as shown on Parcel Map No. 13653, in the City of Carlsbad, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County, January 31, 1985 as File No.
85-033316, together with Lots 1, 2 and 3 together with the street adjoining said lots, shown as Avenida Encinas, all as shown on Map No. 11290, .in the City of Carlsbad, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County, July 16, 1985 as file No. 85-253280, together with Lots 1 through 78, 79, 80 and 81 together with portions of the streets adjoining said lots, shown as Avenida Encinas and Windrose Circle, all as shown on Map No. 11616, in the City of Carlsbad, County of San Die,go, State of California, filed in the office of the County Recorder of San Diego County, September 12, 1986 as File No. 86-
402404.
has been filed with the City of Carlsbad and referred to the
Planning Commission; and
WHEREAS, the Planning Commission did on July 6, 1994 held
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duly noticed public hearings as prescribed by law to consider said
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application for Tentative Map 94-01 and Hillside Development Permit
94-03; and
WHEREAS, the Planning Commission did on July 6, 1994,
after hearing and considering all the evidence and testimony of all
people desiring to be heard adopted Resolutions No. 3677, 3678 and
3679 approving the Mitigated Negative Declaration, Tentative Map CT
94-01 and Hillside Development Permit HDP 94-03; and
WHEREAS, and appeal of this approval was timely filed on
July 15, 1994; and
WHEREAS, on August 9, 1994 the City Council of the City
of Carlsbad held a duly noticed public hearing as prescribed by law
to consider said appeal and at said hearing after consideration of
all the evidence, testimony, argument of those persons present and
desiring to be heard the City Council approved. the mitigated
negative declaration, tentative map and hillside development permit
and directed the City Attorney to prepare documents which would
deny the appeal and uphold the Planning Commission's decision,
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 and conditions of Planning
Commission in Resolutions No. 3677, 3678 and 3679 on file with the
City Clerk and made a part hereof, constitute the findings and
decision of the City Council.
3. That the Planning Commission's approval of ,CT 94-
Ol/HDP 94-03 is hereby confirmed and the appeal of that decision is
denied based upon the facts set out in the Planning Department
Staff Report dated May 5, 1994, the evidence before the Planning
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Commission, the evidence as set forth in City Council Agenda Bill
No. 12,820, and the testimony before the City Council all of which
are incorporated herein by reference.
4. 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 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."
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the
City Council of the City of Carlsbad on the 16th day of AUGUST
1994, by the following vote, to wit:
AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Finnila
NOES: None
ABSENT: None
ATTEST:
ALETHA L. F&UTENKRANZ, City Cl&k
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