HomeMy WebLinkAbout1994-03-22; City Council; Resolution 94-87ll 0 0
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RESOLUTION NO. 94-87 ‘ A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD , CALIFORNIA APPROVING A CONDITIONAL NEGATIVE DECLARATION, TENTATIVE SUBDIVISION MAP (CT 92-02), PLANNED UNIT
DEVELOPMENT (PUD 92-03), SITE DEVELOPMENT PLAN
(SDP 92-06) AND HILLSIDE DEVELOPMENT PERMIT (HDP 92-03) FOR A 129 SINGLE FAMILY UNITS, 76 TOWNHOMES, 72 CONDOMINIUM UNITS, 72 APARTMENT UNITS AND 2 FUTURE COMMUNITY FACILITIES SITES
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: SAMBI
CASE NO: CT 92-02/PUD 92-03/SDP 92-06/HDP 92-03
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10 WHEREAS, on December 15, 1993 the Carlsbad Plan]
11 Commission held a duly noticed public hearing to conside
12 proposed Conditional Negative Declaration, Tentative Subdivi:
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Map (CT 92-02), Planned Unit Development (PUD 92-03), :
Development Plan (SDP 92-06) and Hillside Development Permit
92-03) for a 129 single family units, 76 townhomes, 72 condomil
units, 72 apartment units and 2 future community facilities s
and adopted Resolutions Nos. 3590, 3591, 3592, 3993 and :
respectively, recommending to the City Council that the Tenta.
Subdivision Map (CT 92-02), Planned Unit Development (PUD 92-1
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Site Development Plan (SDP 92-06) and Hillside Development Pe:
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(HDP 92-03) be approved; and
WHEREAS, the City Council of the City of Carlsbad, 1
23 a public hearing on March 15, 1994 to consider the recommendat
24 and heard all persons interested in or opposed to Conditil
25 Negative Declaration, Tentative Subdivision Map (CT 92-02), Pla:
26 Unit Development (PUD 92-03), Site Development Plan (SDP 92-06)
27 Hillside Development Permit (HDP 92-03); and
28 WHEREAS, a Conditional Negative Declaration was issue
August 5, 1993 and submitted to the State Clearinghouse for i
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day review period. All comments received from that review period
are fully incorporated into the conditions of approval for the
specific plan and other project approvals and 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: I1 1. That the above recitations are true and correct.
2. That the Conditional Negative Declaration, Tentative
Subdivision Map (CT 92-02), Pla,nned Unit Development (PUD 92-03),
Site Development Plan (SDP 92-06) and Hillside Development Permit
(HDP 92-03) for this project are approved and that the findings and
conditions of the Planning Commission contained in Resolutions Nos.
3590, 3591, 3592, 3593 and 3594, respectively, on. file with the
City Clerk and incorporated herein, by reference, are the findings
and conditions of the City Council with the following amended and
I/ new conditions:
a. Condition No. 56 is amended to read as follows:
tlTo offset the conversion of non-prime
agricultural land to urban land uses per the requirements of the
Mello I1 Local.Coasta1 Program (LCP) the applicant shall implement
one of the following three mitigation options prior to approval of
the final map:
(1) Preserve prime agricultural property within the Coastal Zone consistent with the provisions of the Carlsbad LCP; or
(2) Illustrate that continued or renewed agricultural use is not feasible per the guidelines of Mitigation
Option 2 of the Local Coastal Program: or
(3) Provide payment of an agricultural mitigation fee, the amount of which shall not be less than $5,000 nor more than $10,000 for each net converted acre. The amount of
the fee shall be determined prior to approval of the final map and shall be consistent .with the provisions of Carlsbadls LCP.Il
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1 3. This action is final the date this resolution
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adopted by the City Council. The provision of Chapter 1.16 of
I'NOTICE TO APPLICANT" 5
apply: 4
Carlsbad Municipal Code, "Time Limits for Judicial Review" sh
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"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 proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California 92008.1t
PASSED, APPROVED AND ADOPTED at a Regular Meeting of
City Council of the City of Carlsbad on the 22nd day of MARC
1994, by the following vote, to wit:
AYES: Council Members Lewis, Stanton, Nygaard
NOES: None
ABSENT: Council M
ABSTAINED: Council
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ATTEST :
ALETHA L. RAUTE
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