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HomeMy WebLinkAbout1996-01-09; City Council; 13465; Saint Francis Court CUP AmendmentEi > 0 8 % . . 8 F 2 e 3 El .,_- ._ Y CITY OF CARLSBAD - AGENDA BILL 4B# ,9/ i-/165 TITLE: SAINT FRANCIS COURT - CUP AMENDMENT CUP 9&15(A) mG. 1-9-ci(o DEPT. CA I DEPT. HD. RECOMMENDED ACTION: Adopt Resolution No. 96 4 1-3 approving Conditional Use Permit CUP 90-15(A). ITEM EXPLANATION The City Council, at your meeting of December 12, 1995, after careful consideration, directed the City Attorney to prepare the document approving Conditional Use Permit CUP 90-l 5(A). That document is attached. The Council should satisfy itself that the conditions accurately reflect your intentions in the matter. If the Council concurs, your action is to adopt Resolution No.46 -7-q Resolution No. % -1.3 . 1 2 3 4 5 6 7 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - RESOLUTION NO. 96-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA EXTENDING THE CONDITIONAL USE PERMIT FOR SAINT FRANCIS COURT UNTIL AUGUST 3, 1997 TO OBTAIN BUILDING PERMITS FOR THIS PROJECT LOCATED ON THE NORTH SIDE OF LAGUNA DRIVE AT THE NORTHERN TERMINUS OF MADISON STREET CASE NAME: ST. FRANCIS COURT CASE NO: CUP 90-15(A) WHEREAS, The Planning Commission did on October 18, 1995, hold a duly noticed public hearing as prescribed by law to consider Conditional Use Permit Amendment CUP 90-15(A) and adopted Planning Commission Resolution No. 3798, recommending to the City Council that it be approved; and WHEREAS, the City Council did on December 12, 1995 hold a duly noticed public hearing as prescribed by law to consider the proposed amendment to the St. Francis Court project allowing additional time until August 3, 1996, to obtain building permits; and WHEREAS, at said public hearing, upon hearing and . considering testimony and arguments, if any, of all persons desiring to be heard, the City Council considered all factors relating to the Conditional Use Permit Amendment; and WHEREAS, the applicant has represented to the City that it is diligently pursuing a financial program including applications to the State Tax Credit Allocation Committee and has requested an extension of the CUP to August 3, 1997 to obtain those approvals, and develop the project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1 2 3 4 5 6 7 6 9 10 11 12 18 19 20 21 22 23 24 25 26 27 28 1. That the above recitations are true and correct. 2. That this Conditional Use Permit Amendment shall extend the time in which building permits for this project must be obtained to August 3, 1997 provided that the applicant shall diligently pursue its active application for affordable housing financing through the California State Tax Credit Allocation Committee and shall provide proof of its continued active application monthly to the City Manager. If, for any reason, such application is denied, withdrawn, or conditioned in a way to make the project infeasible prior to August 3, 1997, it shall be returned to the Planning Commission for appropriate action at that time, including revocation of this extension. If building permits are not issued for this project by August 3, 1997, this permit shall become null and void. 3. If the density of this project is changed from that of the original 76-unit approval, it shall return to the Planning Commission for a finding of whether or not it substantially complies with such original approvals. 4. Except'as expressly modified herein, the findings and conditions of the Planning Commission in Resolution No. 3798, adopted on October 18, 1995, shall be incorporated by reference and shall have the same force and effect as though they were fully set forth herein. 5. 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" 2 i 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 - "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 9th day of JANUARY 1996 , by the following vote, to wit: AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall NOES: None ABSENT: None ATTEST: ALETHA L. RAUTENKRANZ, City Clerk 3