HomeMy WebLinkAbout1995-04-04; City Council; Resolution 95-66Om
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RESOLUTION NO. 95-66
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA APPROVING A TENTATIVE
SUBDIVISION MAP (CT 93-07) , PLANNED UNIT DEVELOPMENT (PUD 93-06), AND SITE DEVELOPMENT
PLAN (SDP 94-01) FOR A 117 SINGLE FAMILY AND 1 MULTI-FAMILY RESIDENTIAL LOT PROJECT ON LAND
GENERALLY LOCATED SOUTH OF PALOMAR AIRPORT
ROAD AND EAST OF MELROSE DRIVE (FUTURE) IN
LOCAL FACILITIES MANAGEMENT PLAN ZONE 18.
APPLICANT: RANCHO CARRILLO VILLAGES llF1l, IrPs ANC
CASE NO: CT 93-07/PUD 93-06/SDP 94-01
WHEREAS, on November 16, 1994, November 30, 1
January 1, 1995 the Carlsbad Planning Commission held duly
public hearings to consider a proposed Tentative Subdivis
(CT 93-07), Planned Unit Development (PUD 93-06) ar
Development Plan (SDP 94-01) for a 117 single family and 1
family residential project and adopted Resolutions No. 36f
and 3682 respectively, recommending to the City Council t
Tentative Subdivision Map (CT 93-07), Planned Unit Developmc
93-06) and Site Development Plan (SDP 94-01) be approved;
WHEREAS, the City Council of the City of Carls
February 21, 1995 and March 7, 1995 held public hear
consider the recommendations and heard all persons interest
opposed to Tentative Subdivision Map (CT 93-07), Plann
Development (PUD 93-06) and Site Development Plan (SDP 94-1
WHEREAS, a Environmental Impact Report (EIR 91-
previously certified July 27, 1993 for the Rancho Carrillc
Plan MP 139(E) , and this project complies with all ap]
mitigation measures outlined by Final EIR 91-04 for the devi
of the Local Facilities Management Zone 18 and, as propos
project will not create any additional significant
environmental impacts, and
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NOW, THEREFORE, BE IT RESOLVED by the City Council
City of Carlsbad, California, as follows:
1. That the above recitations are true and correl
2. That the Tentative Subdivision Map (CT 9
Planned Unit Development (PUD 93-07) , and Site Developmen
(SDP 94-01) for this project are approved and that the findir
conditions of the Planning Commission contained in Resolutic
3680, 3681 and 3682, respectively, on file with the City Cle
incorporated herein by reference, are the findings and cone
of the City Council with the following
"A. That the developer is required tc
and maintain in a prominent place in any sales office a map
entire Rancho Carrillo Master Plan clearly indicating
approved land use and its location for the information of
potential purchaser. Developer shall acknowledge in
compliance with this condition at all appropriate times as r
by the Planning Director.
IrB. Developer acknowledges and unde
that a potential school site has been reserved within the
plan for the potential acquisition by the San Marcos Unifiec'
District. If the San Marcos Unified School District exerc:
option to acquire this parcel for school purposes anc
determines to create, establish or annex to a Mello-Roos I
which District authorizes a pass-through of any portion
taxes or is otherwise inconsistent with City Council Pol
then developer shall comply with the following ad
condition:
"Prior to the approval of any final ma
issuance of any permits within the Rancho Carrillo Master E
om
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applicant for the final map or permit shall submit evidence
City that impacts to school facilities have been mitig;
conformance with the City's Growth Management Plan to the
permitted by applicable state law for legislative acts.
mitigation involves a financing scheme, such as a Me1
Community Facilities District, which is inconsistent w:
City's Growth Management Plan including City Council
Statement No. 38, the developer shall submit disclosure dc
for approval by the City Manager and City Attorney whic
disclose to future owners in the project, to the maximum
possible, the existence of the tax and that the school dist
the taxing agency responsible for the financing district
minimum, the project CC&Rs shall require maximum disclos
signed statements for disclosures upon transfer of resi
property. It
3. This action is final the date this resolu
adopted by the City Council. The provision of Chapter 1.1(
Carlsbad Municipal Code, "Time Limits for Judicial Reviea
apply:
"NOTICE TO APPLICANT"
I
"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
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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
City Council of the City of Carlsbad on the 4th day of -
1995, by the following vote, to wit:
AYES: Council Members Lewis, Nygaard, Kulchin, Finnila
NOES: None I
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ABSENT : None
ATTEST :
ALETHA- L. .mu
(SEAL)
4
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