Loading...
HomeMy WebLinkAbout2022-11-08; City Council; Resolution 2022-257RESOLUTION NO. 2022-257 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A TENTATIVE TRACT MAP, PLANNED DEVELOPMENT PERMIT, NON-RESIDENTIAL PLANNED DEVELOPMENT PERMIT AND SITE DEVELOPMENT PLAN TO MERGE TWO LOTS AND CONSTRUCT FOUR RESIDENTIAL AIR-SPACE CONDOMINIUM UNITS AND A DETACHED, APPROXIMATELY 897-SQUARE-FOOT OFFICE BUILDING ON AN APPROXIMATE 0.32 ACRE SITE LOCATED AT 2754 AND 2770 JEFFERSON STREET (APNS 203-201-01, -02) WITHIN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: CASE NO.: JEFFERSON MIXED-USE CT 2021-0001/ PUD 2021-0004/PUD 2022-0002/ SDP 2021-0014 (DEV2020-0116) WHEREAS, the City Council of the City of Carlsbad, California has determined that pursuant to the provisions of the Carlsbad Municipal Code, the Planning Commission did, on Aug. 17, 2022, hold a duly noticed public hearing as prescribed by law to consider Tentative Tract Map CT 2021-0001, Planned Development Permit PUD 2021-0004, Non-Residential Planned Development Permit PUD 2022-0002, and Site Development Plan SDP 2021-0014, as referenced in Planning Commission Resolution No. 7460; and the Planning Commission adopted Resolution No. 7460 recommending to the City Council that they be approved; and WHEREAS, the City Council of the City of Carlsbad held a duly noticed public hearing to consider said Tentative Tract Map, Planned Development Permit, Non-Residential Planned Development Permit, and Site Development Plan; and WHEREAS, pursuant to the California Environmental Quality Act, a Third Addendum to an Environmental Impact Report (EIR), State Clearinghouse No. 2011011004 (EIR 13-02), relative to the project was prepared and the City Council adopted it per City Council Resolution No. [insert number]; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, the City Council considered all factors relating to Tentative Tract Map, Planned Development Permit, Non-Residential Planned Development Permit, and Site Development Plan. 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 recommendation of the Planning Commission for the approval of Tentative Tract Map CT 2021-0001, Planned Development Permit, PUD 2021-0004, Non-Residential Planned Development Permit PUD 2022-0002, and Site Development Plan SDP 2021-0014, are approved, as depicted on the development plans as shown in the Aug. 17, 2022 Planning Commission staff report, which are incorporated herein by this reference as though fully set forth herein. The development plans for the project are on file with the Planning Division of the Community Development Department and are available for inspection. 3.That the findings and conditions of the Planning Commission contained in Planning Commission Resolution No. 7460 on file with the City Clerk and incorporated herein by reference, are the findings and conditions of the City Council. 4.The City Council expressly declares that it would not have approved this land use development application except upon and subject to each and all of said conditions, each and all of which shall run with the land and be binding upon the applicant, the owner, and all subsequent owners of the property. 5.That concurrently with this resolution, the City Council is taking a number of actions in furtherance of the project, as generally described in the City Council staff report. No single component of the series of actions made in connection with the project shall be effective unless it is approved by an ordinance or resolution and is procedurally effective in the manner provided by state law. Therefore, this resolution shall become effective and operative only if the companion resolution and ordinance is approved. 6.This action is final the date this resolution is adopted by the City Council. The Provisions of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review" shall apply: "NOTICE" 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 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 is filed with a deposit in an amount sufficient to cover the estimated cost or 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 Office of the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA 92008. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 8th day of November, 2022, by the following vote, to wit: AYES:Hall, Blackburn, Bhat-Patel, Acosta, Norby. NAYS: ABSENT: None. None. � � FAVIOLA MEDINA, City Clerk Services Manager {SEAL)