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Home My WebLink About1992-04-14; City Council; Resolution 92-109Y 1 2 3 4 5 6 7 a 9 10 11 Om m>: sum $Ed a": ow Yam 05s >-I2 t5'I Oak is* 05s Lis3 zzz uo 0 ZJ WUYV lrKd 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 w 0 RESOLUTION NO. 92-109 I ~ I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA CERTIFYING AN ENVIRONMENTAL IMPACT REPORT (EIR 91-2) AND APPROVING A GENERAL PLAN AMENDMENT (GPA 91-3) , LOCAL COASTAL PLAN AMENDMENT (LCPA 91-1) , ZONE CHANGE (ZC 91-6), TENTATIVE TRACT MAP (CT 91- 3), HILLSIDE DEVELOPMENT PERMIT (HDP 91-3 AND SPECIAL USE PERMIT (SUP 91-2) AND FOR A 205 LOT/199 SINGLE FAMILY DWELLING UNIT SUBDIVISION ON APPROXIMATELY 59.4 ACRES ON PROPERTY GENERALLY LOCATED SOUTHWESTERLY OF EL CAMINO REAL BETWEEN THE FUTURE EXTENSION OF CANNON ROAD AND EXISTING CAMINO HILLS DRIVE APPLICANT: EVANS POINT CASE NO: EIR 91-2/GPA 91-1/LCPA 91-1/ ZC 91-6/CT 91-3/HDP 91-3/ SUP 91-2/EIR 91/2 WHEREAS, on February 19, 1992 the Carlsbad Pla: Commission held a duly noticed public hearing to consid proposed Environmental Impact Report (EIR 91-2), General Amendment (GPA 91-3), Local Coastal Plan Amendment (LCPA 9' Zone Change (ZC 91-6), Tentative Tract Map (CT 91-3), Hill Development Permit (HDP 91-3) and Special Use Permit (SUP 91-2: a 205 lot/199 single family dwelling unit subdivisior approximately 59.4 acres on property generally loc southwesterly of El ,Camino Real between the future extensic Cannon Road and existing Camino Hills Drive. At the conclusic the hearing the Commission adopted Resolution Nos. 3348, I 3350, 3351, 3352, 3353 and 3354 respectively, recommending tc City Council that EIR 91-2/GPA 91-3/LCPA 91-1/ZC 91-6/CT 91-3 91-3/SUP 91-2 be approved; and I WHEREAS, the City Council of the City of Carlsba April 7, 1992 held a duly noticed public hearing to consider Commission's recommendations and heard all persons interested 1 - I 1 2 3 4 5 6 7 8 9 10 11 n a>: slug &E& pg U2P 05s ZEp "02 'ai ii85 Ed0 c% oaa k;! Go 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 w opposed to EIR 91-2/GPA 91-3/LCPA 91-1/ZC 91-6/CT 91-3/HDP 91-2 91-2; and NOW, THEREFORE, BE IT RESOLVED by the City Council 0: City of Carlsbad, California, as follows: 1. That the above recitations are true and correct 2. That the findings of the Planning Commissio Resolution No. 3348 on file with the City Clerk and incorpor herein by reference, recommending certification of Environmc Impact Report EIR 91-2, are the findings of the City Counci this matter. 3. That the findings of the Planning Commissio Resolution No. 3349, on file with the City Clerk and incorpor herein by reference, are the findings of the City Council in matter and that the Land Use Element of the General Plan GPA be amended from RL on 38.7 acres and RLM on 89.4 acres to C 59.4 acres and RLM on 68.7 acres on property generally locate the southwesterly side of El Camino Real between the fc extension of Cannon Road and existing Camino Hills Drive. 4. That the findings of the Planning Commissio Resolution No. 3350, on file with the City Clerk and incorpor herein by reference, are the findings of the City Council in matter and that the Local Coastal Plan LCPA 91-1 be amended frc to the RLM and OS designations proposed by the General Amendment. 5. That the findings of the Planning Commissio: Resolution No. 3351, on file with the City Clerk and incorpor herein by reference, are the findings of the City Council in t 2 Y 1 2 3 4 5 6 7 8 9 10 11 mu8 9m 500 difg LLSJ 'f ii%8 :io 2% a>.- oas iso 5;: io nu 'Ui OUU 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 W 0 matter and that a Zone Change ZC 91-6 from L-C to R-1 on 68.7 a and 0-S on 59.4 acres is appropriate. 6. That the Tentative Tract Map CT 91-3 of this prc is approved and that the findings and conditions of the Plan Commission in Resolution No. 3352, on file with the City Clerk incorporated herein by reference, are the findings and condit of the City Council with the exception of the following: A. That Condition No. 23 be amended to real follows: "Existing onsite trees within proposed open s shall be retained wherever possible and shall be trimmed an topped. Dead, decaying or potentially dangerous trees shal approved for removal at the discretion of the Planning Depart during the review of a Master Plan submitted showing exis onsite trees. Those trees which are approved for removal shal replaced on a tree-for-tree basis as required by the Plan Department. The trees provided as a result of this condition s not satisfy any other tree conditions, including those specific Condition Nos. 24 and 32." B, That Condition No. 96(F) be amended to rea follows: TJpon notice by the City Engineer, a tempc turnaround and barricade on Camino Hills Drive at the north project boundary to be constructed after an alternative circula route for Camino Hills Mobile Home Park is open. The alterna route shall meet cul-de-sac policy.I1 7. That the Hillside Development Permit HDP 91- approved and that the findings and conditions of the Plan Commission contained in Resolution No. 3353, on file with the Clerk and incorporated herein by reference, are the findings conditions of the City Council. 8. That the Special Use Permit SUP 91-2 is approved that the findings and conditions of the Planning Commis contained in Resolution No. 3354, on file with the City Clerk 3 1 1 2 3 4 5 6 7 8 9 10 11 Om ??? sum sgg 03s dP zgz a,? $&n ps 0 *Ui WW0 tmu 044 5;: a0 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 w W incorporated herein by reference, are the findings and condit of the City Council. 10. This action is final the date this resolutic adopted by the City Council. The provision of Chapter 1.16 0: Carlsbad Municipal Code, "Time Limits for Judicial Review" 5 apply: "NOTICE TO APPLICANT" "The time within which judicial review of this decision be sought is governed by Code of Civil Procedure, Set 1094.6, which has been made applicable in the City of Car: by Carlsbad Municipal Code Chapter 1.16. Any petitic other paper seeking judicial review must be filed in appropriate court not later than the ninetieth day follc the date on which this decision becomes final: howeve] within ten days after the decision becomes final a reques the record of the proceedings accompanied by the reg deposit in an amount sufficient to cover the estimated co preparation of such record, the time within which petition may be filed in court is extended to not later the thirtieth day following the date on which the recol either personally delivered or mailed to the party, or 1 4 1 II 1 2 3 4 5 6 7 8 9 10 11 Dol &E& ao: ow LLom 05s 22 OLL #a~ SUJ? a> 655 pS go $:a $&n ag? zq 12 13 14 15 16 17 - 18 19 20 21 22 23 24 25 26 27 28 w w attorney of record, if he has one. A written request for preparation of the record of the proceedings shall be f with the City Clerk, City of Carlsbad, 1200 Carlsbad Vi1 Drive, Carlsbad, California 92008.'' EFFECTIVE DATE: This resolution shall be effective its adoption, except as to the General Plan Amendment, which s be effective thirty (30) days following its adoption. PASSED, APPROVED AND ADOPTED at a Regular Meeting of City Council of the City of Carlsbad on the 14th day of Apr 1992, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Larson and Nygaard NOES: None ABSENT : None ABSTAIN: Council ATTEST: ALETHA L. RAUTEN-Z, City cle+ 5