HomeMy WebLinkAbout1994-03-15; City Council; Resolution 94-83c v
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RESOLUTION NO. 94-83
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA APPROVING A TENTATJVE SUBDIVISION MAP (CT 91-12), SITE DEVELOPMENT PLAN (SDP 91-11) AND HILLSIDE DEVELOPMENT PERMIT (HDP 91-25) FOR A 186 UNIT SINGLE
FAMILY AND 176 APARTMENT UNIT PROJECT ON 68
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: MARINERS POINT
CASE NO: CT 91-12/SDP 91-11/HDP 91-25
WHEREAS, on November 17, 1993 the Carlsbad Plan]
Commission held a duly noticed public hearing to conside
proposed Tentative Subdivision Map (CT 91-12), Site Develop]
Plan (SDP 91-11) and Hillside Development Permit (HDP 91-25) fl
186 unit single family and 176 unit apartment residential pro:
and adopted Resolutions Nos. 3556, 3557, and 3558 respectivr
recommending to the City Council that the Tentative Subdivision
(CT 91-12), Site Development Plan (SDP 91-11) and Hill:
Development Permit (HDP 91-25) be approved; and
WHEREAS, the City Council of the City of Carlsbad, 1
a public hearing on March 8, 1994 to consider the recommendat
and heard all persons interested in or opposed to Tenta.
Subdivision Map (CT 91-12), Site Development Plan (SDP 91-11)
Hillside Development Permit (HDP 91-25); and
WHEREAS, an Environmental Impact Report (EIR 90-03)
previously certified on November 9, 1993, and this project comp
with all applicable mitigation measures outlined by Final EIR 9
for the development of the Zone 20 planning area and, as propo
this project will not create any additional significant adv
environmental impacts,
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NOW, THEREFORE, BE IT RESOLVED by the City Council of
City of Carlsbad, California, as follows:
1. That the above recitations are true and correct,
2. That the Tentative Subdivision Map (CT 91-12), :
Development Plan (SDP 91-11) and Hillside Development Permit
91-25) for this project are approved and that the findings
conditions of the Planning Commission contained in Resolutions 1
3556, 3557, and 3558 , respectively, on file with the City Clerk
incorporated herein by reference, are the findings and condit.
of the City Council with the following amended and new conditio,
a. Condition No. 55 is amended to read as follc
"TO offset the conversion of non-prime agricultl land to urban land uses per the requirements of the Mello I1 LC Coastal Program (LCP) the applicant shall implement one of following three mitigation options prior to approval of the f: map :
(1) Preserve prime agricultural propc within the Coastal Zone consistent with the provisions of
Carlsbad LCP: or
(2) Illustrate that continued or rent agricultural use is not feasible per the guidelines of Mitigal
Option 2 of the Local Coastal Program: or
(3) Provide payment of an agriculk mitigation fee, the amount of which shall not be less than $5,
nor more than $10,000 for each net converted acre. The amounl
the fee shall be determined prior to approval of the final map shall be consistent with the provisions of Carlsbadls LCP.Iv
b. 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 ex1 permitted by applicable state law for legislative acts. If mitigation involves a financing scheme, such as a Mello-I
Community Facilities District, which is inconsistent with
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City's Growth Management Plan including City Council Po: Statement No. 38, the developer shall submit disclosure documc for approval by the City Manager and City Attorney which SI disclose to future owners in the project, to the maximum ex' possible, the existence of the tax and that the school distric,
the taxing agency responsible for the financing district. I
minimum, the project CC&Rs shall. require maximum disclosure
signed statements for disclosures upon transfer of residen.
property. It
3. This action is final the date this resolutior
adopted by the City Council. The provision of Chapter 1.16 of
Carlsbad Municipal Code, "Time Limits for Judicial Review'! st
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
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
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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
City Council of the City of Carlsbad on the 15th day of MARC
1994, by the following vote, to wit:
MTS: Council Members Lewis, Stanton, Kulchin, Nygaard
NOES: None
ABSENT: Council Memb
ATTEST :
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
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