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Home My WebLink About1994-03-01; City Council; Resolution 94-63L 1 2 3 4 5 6 7 8 9 10 11 00, &E& an8 VU2 dU, 2055 d->o ZdZ nonu 2;Q OZJO a> SUF zwa a~!$n k; a01 E:% - 00 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 RESOLUTION NO. 94-63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A TENTATIVE SUBDIVISION MAP (CT 92-01), PLANNED UNIT DEVELOPMENT (PUD 92-01), SITE DEVELOPMENT PLAN (SDP 93-04) AND HILLSIDE DEVELOPMENT PERMIT (HDP 92-10) FOR A 152 UNIT MULTI-FAMILY RESIDENTIAL PROJECT ON 29 ACRES OF LAND GENERALLY LOCATED EAST OF PASEO DEL NORTE AND NORTH OF CAMINO DE LAS ONDAS IN LOCAL FACILITIES MANAGEMENT PLAN ZONE 20. APPLICANT: COSTA DO SOL CASE NO: CT 92-01/PUD 92-01/SDP 93-04/HDP 92-10 WHEREAS, on November 3, 1993 the Carlsbad Plann Commission held a duly noticed public hearing to consider proposed Tentative Subdivision Map (CT 92-01),' Planned U Development (PUD 92-01), Site Development Plan (SDP 93-04) Hillside Development Permit (HDP 92-10) for a 152 unit multi-fam residential project and adopted Resolutions Nos. 3546, 3547, 3 and 3549 respectively, recommending to the City Council .that Tentative Subdivision Map (CT 92-01), Planned Unit Development ( 92-01), Site Development Plan (SDP 93-04) and Hillside Developm Permit (HDP 92-10) be approved; and WHEREAS, the City Council of the City of Carlsbad, h a public hearing on February 15, 1994 to consider recommendations and heard all persons interested in or opposed Tentative Subdivision Map (CT 92-01), Planned Unit Development ( 92-01), Site Development Plan (SDP 93-04) and Hillside Developm Permit (HDP 92-10); and WHEREAS, an Environmental Impact Report (EIR 90-03) previously certified on September 14, 1993, and this proj complies with all applicable mitigation measures outlined by Fi EIR 90-03 for the development of the Zone 20 planning area and, /I 0 e b // 1 adverse environmental impacts, 2 proposed, this project will not create any additional signific 3 NOW, THEREFORE, BE IT RESOLVED by the City Council of 4 City of Carlsbad, California, as follows: 5 respectively, on file with the City Clerk and incorporated he1 11 Commission contained in Resolutions Nos. 3546, 3547, 3548 and 3E 10 are approved and that the findings and conditions of the Planr g 93-04) and Hillside Development Permit (HDP 92-10) forthis proj 8 Planned Unit Development (PUD 92-01), Site Development Plan ( 7 2. That the Tentative Subdivision Map (CT 92-C 6 1. That the above recitations are true and correct. 9% mu? Ye uuw aog Ow8 3UU aoa4 m,jz c""q :;$z oou zwv) auzn OZJ? E:3 <OJ >"% bo 12 13 14 15 16 17 18 19 by reference, are the findings and conditions of the City Coun with the following amended and new conditions: a. Condition No. 55 is amended to read as follo "Prior to approval of the final map applicant shall prepare a notice to be recorded on the deed to lot (s) containing the 20 foot public trail easement. The not shall state that the lot contains a 20 foot easement for purposes of public trail access. The notice shall be prepared a manner meeting the approval of the Planning Director and the C Attorney. The project's CC&Rs shall also include language stat that there is a 20 foot public trail easement located on the ab1 mentioned lots. It 20 "To offset the conversion of non-pr 21 b. Condition No. 56 is amended to read as follo agricultural land to urban land uses per the requirements of 22 Mello I1 Local Coastal Program (LCP) the applicant shall implem within the Coastal Zone consistent with the provisions of 1 (1) Preserve prime agricultural prope 24 the final map: 23 one of the following three mitigation options prior to approval 28 Option 2 of the Local Coastal Program: or 27 agricultural use is not feasible per the guidelines of Mitigat: (2) Illustrate that continued or renel 26 Carlsbad LCP; or 25 2 1 2 3 4 5 6 7 8 9 10 11 Sm ~wS 9? urrw an8 oug 5UU go35 nun? UkSU ZWCn~ $;si 002 LOCO >2% 60 >-lz %q6 a03 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 (3) Provide payment of an agricultl mitigation fee, the amount of which shall not be less than $5 nor more than $10,000 for each net converted acre. The amoun the fee shall be determined prior to approval of the final map shall be consistent with the provisions of Carlsbad's LCP.!! c. Condition has been added to read as follow, "That the covenants, conditions restrictions for the project shall include a provision that required two covered parking spaces per unit shall be used for parking of motor vehicles and shall not be utilized for any 01 use that would prohibit parking of motor vehicles to satisfaction of the planning director.Il d. Condition has been added to read as follow: !!Prior to the approval of any final map or issuance of any permits within the Zone 20 Specific Plan, applicant for the final map or permit shall submit evidence to City that impacts to school facilities have been mitigated conformance with the City's Growth Management Plan to the ex2 permitted by applicable state law for legislative acts. If mitigation involves a financing scheme, such as a Mello-F Community Facilities District, which is inconsistent with City's Growth Management .Plan including City Council Pol Statement No. 38, the developer shall submit disclosure documc for approval by the City Manager and City Attorney which st disclose to future owners in the project, to the maximum ext possible, the existence of the tax and that the school district the taxing agency responsible for the financing district. A minimum, the project CC&Rs shall require maximum disclosure signed statements for disclosures upon transfer of resident property. It 3. This action is final the date this resolution adopted by the City Council. The provision of Chapter 1.16 of Carlsbad Municipal Code, "Time Limits for Judicial Review" sh 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 3 b &lJg * &sa: ir E%$ 0 L?r rrnm eo8 UOQQ 3;g&Y 0009 zuuJ5 rra:%d >2% 60 <;$i OZA a01 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 0 e 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 City Council of the City of Carlsbad on the 1st day of MARC 1994, by the following vote, to wit: AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Finn NOES: None ABSENT : None ATTEST : 4!f&zLiQw ALETHA L. RAUTENKRANZ, City Clbrk (SEAL) 4