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Home My WebLink About1995-11-07; City Council; Resolution 95-3191 I( 0 0 \ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 I 25 26 27 28 1 RESOLUTION NO. 95-319 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A MITIGATED NEGATIVE DECLARATION, GENERAL PLAN AMENDMENT, LOCAL COASTAL PROGRAM AMENDMENT, LOCAL FACILITIES MANAGEMENT PLAN AMENDMENT, SITE DEVELOPMENT PLAN, AND HILLSIDE DEVELOPMENT PERMIT FOR A 138 UNIT APARTMENT PROJECT ON PROPERTY GENERALLY LOCATED AT THE NORTHEAST CORNER OF THE ALGA ROAD/COBBLESTONE ROAD INTERSECTION IN LOCAL FACILITIES MANAGEMENT PLAN ZONE 5. CASE NAME LAUREL TREE APARTMENTS CASE NO: GPA 95-O1/LCPA 95-021 LFMP 87-05(B)/SDP 95-01/HDP 95-01 ;. WHEREAS, verified applications for a General Plan Amendment, Coastal Program Amendment, Local Facilities Management Plan Amendment, Development Plan, and Hillside Development Permit for certain property to wit: Parcel 1 of Parcel Map No. 15661, in the City of Carlsbad, County of San Diego, State of California, filed May 5,1989 as File No. 89-23967 of Official Records; has been filed with the City of Carlsbad and referred to the Planning Commission WHEREAS, the Planning Commission did on September 20, 1995, duly noticed public hearing as prescribed by law to consider said applications for a G Plan Amendment (GPA 95-01), Local Coastal Program Amendment (LCPA 95-02) Facilities Management Plan Amendment (LFMP 87-05(B)), Site Development Pla: l 95-01), and Hillside Development Permit (HDP 95-01); and j WHEREAS, the Planning Commission did on September 20, 199 hearing and considering all the evidence and testimony of all people desiring to be adopt Planning Commission Resolution Nos. 3810 recommending approval Mitigated Negative Declaration and Planning Commission Resolution Nos. 381 3814, 3815, and 3816 recommending approval of a General Plan Amendmen ~ 0 0 1 Development Plan, and Hillside Development Permit; and 2 Coastal Program Amendment, Local Facilities Management Plan Amendment 3 WHEREAS, on the - day of , 1995, the City Council ( 4 5 City of Carlsbad held a duly noticed public hearing as prescribed by law to consid( 11 Commission's recommendations and all evidence, testimony, and argument of 6 persons present and desiring to be heard and approved the Mitigated Ne$ Declaration, General Plan Amendment, Local Coastal Program Amendment, 7 8 g Facilities Management Plan Amendment, Site Development Plan, and Hi] 10 Development Permit; and 11 WHEREAS, a Mitigated Negative Declaration was issued on July 7, l2 // and submitted to the State Clearinghouse for a 30 day review period. All comn 13 14 received from that review period are fully incorporated into the conditions of approv; l5 I1 the site development plan and other project approvals and these conditions wil 16 17 reviewed through a monitoring program set up for the project. 19 Resolution Nos. 3810, 3811, 3813, 3814, 3815 and 3816 approving the Mitigated Neg; l8 WHEREAS, the findings and conditions of the Planning Commis Declaration, General Plan Amendment, Local Coastal Program Amendment, L 20 Facilities Management Plan Amendment, Site Development Plan, and Hill 21 Development Permit constitute the findings and conditions of the City Council; and 22 23 WHEREAS, the City Council on the day of '1 24 approved a Mitigated Negative Declaration in compliance with the City of Carls 25 Environmental Protection Ordinance and the California Environmental Quality Act, 26 NOW, THEREFORE, BE IT RESOLVED by the City Council of the I 27 28 of Carlsbad, California, as follows: ll 2 I1 1 0 e 1. That the above recitations are true and correct. 2 2. That the Mitigated Negative Declaration is approved and th? 3 4 findings and conditions of the Planning Commission contained in Resolution No. 381 5 file with the City Clerk and incorporated herein by reference, are the finding! 6 conditions of the City Council. 7 3. That the General Plan Amendment, GPA 95-01 is approved an( on file with the City Clerk and incorporated herein by reference, are the findings 9 the findings and conditions of the Planning Commission contained in Resolution No. 8 10 11 conditions of the City Council. 4. That the Local Coastal Program Amendment, LCPA 954 l2 11 approved and that the findings and conditions of the Planning Commission containt 13 14 15 16 20 19 file with the City Clerk and incorporated herein by reference, are the findings l8 findings and conditions of the Planning Commission contained in Resolution No. 381: 17 5. That the Site Development Plan, SDP 95-01 is approved and tha 6. That the Hillside Development Permit, HDP 95-01 is approved 21 22 that the findings and conditions of the Planning Commission contained in Resolution 23 3816, on file with the City Clerk and incorporated herein by reference, are the findings 24 conditions of the City Council. 25 7. That the Local Facilities Management Plan Amendment, LFMP 26 05(B) is approved and that the findings and conditions of the Planning Commission 27 Resolution No. 3813, on file with the City Clerk and incorporated herein by reference the findings and conditions of the City Council. conditions of the City Council. ~~ I1 contained in Resolution No. 3814, on file with the City Clerk and incorporated hereir 28 3 I1 0 0 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 reference, are the findings and conditions of the City Council. 8. That the City Council adopts and incorporates Planning Comm. Resolution Nos. 3810, 3811, 3813, 3814, 3815 and 3816 approving the Laurel Apartment Project Mitigated Negative Declaration, General Plan Amendment (GP. 01), Local Coastal Program Amendment (LCPA 95-02), Local Facilities Managemen, Amendment (LFMP 87-05(B)), Site Development Plan (SDP 95-01) and Hi Development Permit (HDP 95-01). a) Independent Judgment: The City Council finds that the Miti; Negative Declaration reflects the City Council's independent judgment. b) Location and Custodian of Record of Proceedings. Pursuant to P Resources Code Section 21081.6(d), all the materials that constitute the administr record in this proceeding are in the custody of and can be found in the offices of the Clerk and the Director of Planning in the City of Carlsbad. The administrative re includes, but is not limited to: the Mitigated Negative Declaration and all pi comments thereon received during the public review period and responses thereto, ant proceedings of the Planning Commission and the City Council thereon." 9. This action is final the date this resolution is adopted by the Council. The provision of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limit Judicial Review" shall 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 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 4 ~ I1 I1 0 a 1 2 3 4 5 6 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." 7 EFFECTIVE DATE: This resolution shall be effective upon its ad1 * except as to the General Plan Amendment, which shall be effective (30) days fol 9 II its adoption. 10 11 12 13 15 AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, H: 14 by the following vote, to wit: PASSED, APPROVED AND ADOPTED at a regular meeting of th Council of the City of Carlsbad, California, on the 7th day of NOVEMBER ~ NOES: None 16 17 ABSENT: None ABSTAIN: None 18 19 20 ATTEST: 21 22 23 24 25 26 27 28 AA ALETHA L. RAUT I/ 5 I/