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HomeMy WebLinkAbout1993-11-02; City Council; Resolution 93-302I1 e 0 4 1 2 3 4 5 6 7 8 9 10 11 12 D am a> mug 6'38 low% m>5z &E& 13 lUU 606< l4 crl-y.5 0oLL 15 $:$: 16 :;ss E:: 225 17 zwm 60J 00 L 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 93-302 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A CONDITIONAL NEGATIVE DECLARATION, SITE DEVELOPMENT PLAN, SPECIAL USE PERMIT AND HILLSIDE DEVELOPMENT PERMIT FOR A 344 DWELLING UNIT APARTMENT PROJECT ON PROPERTY GENERALLY LOCATED ADJACENT TO AND WEST OF EL CAMINO REAL, SOUTH OF CAMINO VIDA ROBLE, NORTH OF ALGA ROAD IN THE SOUTHWEST QUADRANT OF THE CITY, IN LOCAL FACILITIES MANAGEMENT PLAN ZONE 21. APPLICANT: VILLAS AT EL CAMINO REAL CASE NO. : SDP 93-06/SUP 93-02/HDP 93-08 WHEREAS, a verified application for a condition. permit for certain property to wit: Parcel 2 of Parcel Map No. 1188, in the County of San Diego, State of California, according to map thereof filed in the office of County Recorder of San Diego County, December 20, 1972. has been filed with the City of Carlsbad and referred Planning Commission; and WHEREAS, the Planning Commission did on September : hold a duly noticed public hearing as prescribed by law to cc said application for Special Development Permit (SDP 5 Special Use Permit (SUP 93-02) and Hillside Development Pem. 93-08); and WHEREAS, the Planning Commission did on Septen 1993, after hearing and considering all the evidence and te of all people desiring to be heard, adopt Resolutions Nos 3538, 3539 and 3540 recommending approval of the Cond Negative Declaration, Site Development Plan (SDP 93-06), Use Permit (SUP 93-02) and Hillside Development Permit (HDP and WHEREAS, on October 26, 1993 the City Council of t of Carlsbad held a duly noticed public hearing as prescribec Ii 0 0 f ll 1 ll to consider all the evidence, testimony, and argument of 2 3 4 5 6 7 8 9 10 11 Sm Y2 mug %:$ 5UU olug 4044 m>iF utgc 5Ysg Z&p$ OZJO 002 LOUI >2% 50 “U~O 40-1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 persons present and desiring to be heard and approved Conditional Negative Declaration, Site Development Plan (SC 06), Special Use Permit (SUP 93-02) and Hillside Development I (HDP 93-08): and WHEREAS, a Conditional Negative Declaration was iss. July 22, 1993 and submitted to the State Clearinghouse for a : review period. All comments received from that review peril fully incorporated into the conditions of approval for the spl plan and other project approvals and these conditions wj reviewed through a monitoring program set up for the projec, WHEREAS, the findings and conditions of the P1’ Commission in Resolutions No, 3536, 3538, 3539 and 3540 app the Conditional Negative Declaration, Site Development Pla 93-06), Special Use Permit (SUP 93-02) and Hillside Devel Permit (HDP 93-08); constitute the findings and decision City Council; and WHEREAS, The City Council on October 26, 1993 appl Conditional Negative.Dec1aration in compliance with the C Carlsbad Environmental Protection Ordinance and the Cali Environmental Quality Act, NOW, THEREFORE, BE IT RESOLVED by the City Council City of Carlsbad, California, as follows: 1. That the above recitations are true and corr 2. That the Conditional Negative Declaration is a and that the findings and conditions of the Planning Com contained in Resolution No. 3536, on file with the City C1 incorporated herein by referenced, are the findings and con 2 9a mu: y2 uah an8 ow: iU, $055 Cksg 9 Oak I <- E22 t2q Eo tJZ atma ZUV) OZJO ~cc!$a a01 0 0 1 also resulted from changing demographic trends beyond the a' 9 population has not resulted solely from new development bl 8 additional capacity when necessary. The growth in s' 7 and that the payment of such fees will assist in Obt; 6 local school which will serve the project has additional ca] 5 permitted under state law. The Council further finds tha 4 fee of $2.65 per residential square foot of developme: 3 schools have been mitigated by the payment of the maximum j 2 of the City Council. The Council further finds that the impac 10 11 of the City to mitigate. 3. That the Site Development Plan SDP 93-06 is ap 12 13 and that the findings and conditions of the Planning Corn contained in Resolution No. 3538, on file with the City Cle 14 incorporated herein by reference, are the findings.and cond 15 of the City Council with the addition of two conditions to r 16 17 18 19 20 21 22 23 24 follows: "1) Prior to issuance of a grading or building F the applicant shall pay, or agree to pay, their proportionatc of a fee for the construction of Poinsettia Lane; and "2) Prior to approval of a grading or building F whichever occurs first, the property owner shall annex the pr into Community Facility District No. 1.Il 4. That the Special Use Permit SUP 93-02 is appro' that the findings and conditions of the Planning Corn contained in Resolution No. 3539, on file with the City Clt incorporated herein by reference, are the findings and con( 25 Commission contained in Resolution No. 3540, on file with th 28 approved and that the findings and conditions of the P. 27 5. That the Hillside Development Permit HDP 9: 26 of the City Council. 3 0 0 1 2 Clerk and incorporated herein by reference, are the finding conditions of the City Council. 3 II 6. This action is final the date this resoluti 4 5 adopted by the City Council. The provision of Chapter 1.16 ( Carlsbad Municipal Code, "Time Limits for Judicial Review" 6 apply: 7 "NOTICE TO APPLICANT" 8 9 10 11 12 9a mu$ 408 Lou% ?g& 13 go34 14 ?&Q 00lL 15 ALL0 Crk'8 ""50 E22 >%J$ 17 60 >LZ Zwcng oZL - 16 04 a:oJ 18 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 become 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 19 20 ". -** 21 22 23 24 25 26 ... ... ... 0.. ... ... 27 28 *.* *** 4 t 0 am cow! 408 0u!g 2LJ-(3 Uk5U >2z ZWWO 021 - 22& 2044 0009 <;is2 UUqo >2% $0 EOOS <a1 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 l a 0 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 c City Council of the City of Carlsbad on the 2nd day of NC 1993, by the following vote, to wit: AYES: Council Members Lewis, Stanton, Nygaard, Finnila NOES: None ABSENT: Council M ATTEST : ALETHA L. RAUTENKRANZ, Citb Clerk 1 5