HomeMy WebLinkAbout1994-08-16; City Council; Resolution 94-241I_
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RESOLUTION NO. 94-241
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA DENYING APPLICANT'S
APPEAL AND UPHOLDING THE PLANNING COMMISSION'S APPROVAL OF A MITIGATED NEGATIVE DECLARATION FOR A MASTER TENTATIVE MAP AND HILLSIDE DEVELOPMENT PERMIT TO (1) SUBDIVIDE LAND INTO MASTER PLAN PLANNING AREAS, (2) MASS GRADE
THIS SITE TO ALLOW DEVELOPMENT OF THE PLANNING
AREAS AND (3) CONSTRUCT THE AVENIDA ENCINAS
ROADWAY AND OTHER REQUIRED INFRASTRUCTURE
CONSISTENT WITH THE POINSETTIA SHORES MASTER
PLAN ON PROPERTY GENERALLY LOCATED ON THE
SOUTHWEST QUADRANT OF THE CITY, EAST OF
AND NORTH OF THE BATIQUITOS LAGOON IN LOCAL
FACILITIES MANAGEMENT ZONE 9.
APPLICANT : POINSETTIA SHORES MASTER
CASE NO. : CT 94-01/HDP 94-03
WHEREAS, a verified application for a tentative map
CARLSBAD BOULEVARD, WEST OF THE 1-5 FREEWAY
TENTATIVE MAP
certain property to wit:
Portions of Lots 1, 2, 3 and 4 together' with
portions of the street adjoining said lots, shown as Avenida Encinas, all as shown on Parcel Map No. 13653, in the City of Carlsbad,
County of San Diego, State of California, filed in the office of the County Recorder of
San Diego County, January 31, 1985 as File No.
85-033316, together with Lots 1, 2 and 3
together with the street adjoining said lots,
shown as Avenida Encinas, all as shown on Map
No. 11290, in the City of Carlsbad, County of
San Diego, State of California, filed in the
office of the County Recorder of San Diego
County, July 16, 1985 as file No. 85-253280, together with Lots 1 through 78, 79, 80 and 81
together with portions of the streets adjoining said lots, shown as Avenida Encinas and Windrose Circle, all as shown on Map No.
11616, in the City of Carlsbad, County of San
Diego, State of California, filed in the
office of the County Recorder of San Diego
County, September 12, 1986 as File No. 86-
402404.
has been filed with the City of Carlsbad and referred to
Planning Commission; and
WHEREAS, the Planning Commission did on July 6, 1994 :
duly noticed public hearings as prescribed by law to consider I
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application for Tentative Map 94-01 and Hillside Development Pe
94-03; and
WHEREAS, the Planning Commission did on July 6, 1
after hearing and considering all the evidence and testimony of
people desiring to be heard adopted Resolutions No. 3677, 3678
3679 approving the Mitigated Negative Declaration, Tentative Mz
94-01 and Hillside Development Permit HDP 94-03; and
WHEREAS, and appeal of this approval was timely file
July 15, 1994; and
WHEREAS, on August 9, 1994 the City Council of the
of Carlsbad held a duly noticed public hearing as prescribed b3
to consider said appeal and at said hearing after consideratic
all the evidence, testimony, argument of those persons present
desiring to be heard the City Council approved, the mitig
negative declaration, tentative map and hillside development pe
and directed the City Attorney to prepare documents which w
deny the appeal and uphold the Planning Commission's decision
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 findings and conditions of Plan
Commission in Resolutions No. 3677, 3678 and 3679 on file with
City Clerk and made a part hereof , constitute the findings
decision of the City Council.
3. That the Planning Commission's approval of CT
O1/HDP 94-03 is hereby confirmed and the appeal of that decisic
denied based upon the facts set out in the Planning Depart
Staff Report dated May 5, 1994, the evidence before the Plan
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I Commission, the evidence as set forth in City' Council Agenda
No. 12,820, and the testimony before the City Council all of w
are incorporated herein by reference.
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4. This action is final the date this resolutiol
adopted by the City Council. The provision of Chapter 1.16 of
Carlsbad Municipal Code, "Time Limits for Judicial Review" s
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 proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California 92008."
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PASSED, APPROVED AND ADOPTED at a Regular Meeting Of
City Council of the City of Carlsbad on the 16th day of m
1994, by the following vote, to wit:
AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Fin
NOES: None
ABSENT : None
ATTEST :
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