HomeMy WebLinkAbout1992-09-01; City Council; Resolution 92-2710 W
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RESOLUTION NO. 93 - 371
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA APPROVING A NEGATIVE
DECLARATION FOR A TENTATIVE SUBDIVISION MAP (CT 90-31) AND PLANNED UNIT DEVELOPMENT (PUD
91-4) FOR A 61 UNIT SINGLE FAMILY RESIDENTIAL PROJECT ON 44.1 ACRES OF LAND GENERALLY LOCATED ON SOUTH OF BATIQUITOS DRIVE BETWEEN KESTRAL DRIVE AND AVIARA DRIVE APPLICANT: AVIARA PLANNING AREA 28 CASE NO: CT 90-31/PUD 91-4
WHEREAS, on June 17, 1992 the Carlsbad Planning
Commission held a duly noticed public hearing to consider a
proposed Negative Declaration, Tentative Subdivision Map CT 90-31
and Planned Unit Development (PUD 91-4) for a 61 lot single family
residential project and adopted Resolutions Nos. 3409, 3410 and
3411 respectively, recommending to the City Council that the
Negative Declaration, Tentative Subdivision Map CT 90-31 and
Planned Unit Development (PUD 91-4) be approved; and
WHEREAS, the City Council of the City of Carlsbad, on
August 18, 1992 held a public hearing to consider the
recommendations and heard all persons interested in or opposed to
CT 90-31/PUD 91-4; and
WHEREAS, a Negative Declaration was issued on June 20,
1991 and submitted to the State Clearinghouse for a 30 day review
period. All comments received from that review period are fully
incorporated into the conditions of approval for the tentative map
and other project approvals. 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.
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2. That the negative declaration on the above referenced
project is approved and that the findings and conditions of the
Planning Commission contained in Resolution No. 3409 on file with
the City Clerk and incorporated herein by reference are the
findings and conditions of the City Council.
3. That the tentative subdivision map of this project
(CT 90-31) is approved and that the findings and conditions of the
Planning Commission contained in Resolution No. 3410 on file with
the City Clerk and incorporated herein by reference are the
findings and conditions of the City Council.
4. That the planned unit development of this project
(PUD 91-4) is approved and that the findings and conditions of the
Planning Commission contained in Resolution No. 3411 on file with
the City Clerk and incorporated herein by reference are the
findings and conditions of the City Council.
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" 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
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1 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 92008.11
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the
City Council of the City of Carlsbad on the 1st day of SEPTEMBER
1992, by the following vote, to wit:
AYES: Council Members Lewis, Larson, Stanton, Nygaard
NOES: None
ABSENT: Council
ATTEST :
ALETHA L. RAUTENKRANZ, City perk
( SEAL)
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