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HomeMy WebLinkAbout1996-01-09; City Council; Resolution 96-131 1 2 3 4 5 6 7 8 9 10 11 12 Zm ~wF a> &z& 13 an8 Low2 JUU $055 14 ZdZ d->“ _I nOng ‘a- 15 atma zwag ““90 oZJ - 16 0 L:? ccz 17 ao_r 00 - 18 19 20 21 22 23 24 25 26 27 28 0 0 RESOLUTION NO. 96-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA EXTENDING THE CONDITIONAL USE PERMIT FOR SAINT FRANCIS COURT UNTIL AUGUST 3, 1997 TO OBTAIN BUILDING PERMITS FOR THIS PROJECT LOCATED ON THE NORTH SIDE OF LAGUNA DRIVE AT THE NORTHERN TERMINUS OF MADISON STREET CASE NAME: ST. FRANCIS COURT CASE NO: CUP 90-15(A) WHEREAS, The Planning Commission did on October 1 1995, hold a duly noticed public hearing as prescribed by 1 consider Conditional use Permit Amendment CUP 90-15(A) and adopted Planning Commission Resolution No. 3798, recommendi the City Council that it be approved; and WHEREAS, the City Council did on December 12, 199 a duly noticed public hearing as prescribed by law to consi the proposed amendment to the St. Francis Court project all additional time until August 3, 1996, to obtain building pe. and WHEREAS, at said public hearing, upon hearing and considering testimony and arguments, if any, of all persons desiring to be heard, the City Council considered all facto relating to the Conditional Use Permit Amendment; and WHEREAS, the applicant has represented to the Cit it is diligently pursuing a financial program including applications to the State Tax Credit Allocation Committee a requested an extension of the CUP to August 3, 1997 to obta those approvals, and develop the project. NOW, THEREFORE, BE IT RESOLVED by the City Counci the City of Carlsbad, California, as follows: 1 2 3 4 5 6 7 8 9 10 11 0 12 Yr, UK 13 an00 Ow% 14 iUU OkSa: 0, 00L *ai O 15 sz$: 0 16 E:: 17 18 19 20 21 22 23 24 25 26 27 28 SLUE s:>s 2&%a E22 UOJ 0 0 0 1. That the above recitations are true and corre 2. That this Conditional Use Permit Amendment sh extend the time in which building permits for this project be obtained to August 3, 1997 provided that the applicant s diligently pursue its active application for affordable hou financing through the California State Tax Credit Allocatic Committee and shall provide proof of its continued active application monthly to the City Manager. If, for any reasc such application is denied, withdrawn, or conditioned in a make the project infeasible prior to August 3, 1997, it sha returned to the Planning Commission for appropriate action that time, including revocation of this extension. If buil permits are not issued for this project by August 3, 1997, permit shall become null and void. 3. If the density of this project is changed fro of the original 76-unit approval, it shall return to the P1 Commission for a finding of whether or not it substantially complies with such original approvals. 4. Except as expressly modified herein, the find and conditions of the Planning Commission in Resolution No. adopted on October 18, 1995, shall be incorporated by refer and shall have the same force and effect as though they wer fully set forth herein. 5. This action is final the date this resolution adopted by the City Council. The provision of Chapter 1.16 the Carlsbad Municipal Code, "Time Limits for Judicial Revi 2 1 > 1 2 3 4 5 6 7 8 9 10 11 12 13 5UC3 $055 14 goo2 15 si$2 $2:: 16 F:$ 00 Sm ~wZ $zm Ow% uo8 .CAE a> K-> u0-I C2Z 17 - 18 19 20 21 22 23 24 25 26 27 20 0 e "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. 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." Any petition or other paper seeking PASSED, APPROVED AND ADOPTED at a Regular Meeting 1 the City Council of the City of Carlsbad on the 9th JANUARY 1996 , by the following vote, to wit: AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, 1 NOES: None ABSENT: None ATTEST : ALE* RAUTENKRANZ, City ClArk 3