HomeMy WebLinkAbout1996-08-06; City Council; Resolution 96-2711
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RESOLUTION NO. 96-271
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A TENTATIVE
MAP AND HILLSIDE DEVELOPMENT PERMIT TO
SUBDIVIDE THE PROPERTY INTO 60 STANDARD SINGLE
FAMILY LOTS, THREE OPEN SPACE LOTS, AND A 28.9
ACRE REMAINDER PARCEL ALL ON PROPERTY
GENERALLY LOCATED EAST OF FUTURE HIDDEN
VALLEY ROAD, NORTH OF CAMINO DE LAS ONDAS, AND
ZONE AND LOCAL FACILITIES MANAGEMENT ZONE 20
CASE NAME: EMERALD RIDGE EAST
SOUTH OF PALOMAR AIRPORT ROAD IN THE R-1-7500-4
CASE NO.: CT 95-05/HDP 95-12
WHEREAS, on June 5, 1996, the Planning Commission held a duly
public hearing to consider a Tentative Map (CT 95-05) and Hillside Development Perm
95-12) for project development on 56.3 acres of land and adopted Planning Corn
Resolutions No. 3936 and 3938 respectively, recommending to the City Council that
approved; and
WHEREAS, on July 1, 1996, the Housing Commission held a duly noticec
hearing to also consider the project and adopted Housing Commission Resolution No. 9(
recommending to the City Council that it be approved; and
WHEREAS, the City Council of the City of Carlsbad, on the 6th
August , 1996, held a public hearing to consider the recommendations and h
persons interested in or opposed to CT 95-05 and HDP 95-12.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
Carlsbad as follows:
1. That the recommendation of the Planning Commission for the approval
Tentative Map (CT 95-05) is approved and that the findings and condition
Planning Commission contained in Planning Commission Resolution Nc
on file with the City Clerk and incorporated herein by reference, are the f
and conditions of the City Council.
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2. That the recommendation of the Planning Commission for the approva
Hillside Development Permit (HDP 95-12) is approved and that the findi
conditions of the Planning Commission contained in Planning Corn
Resolution No. 3938, on file with the City Clerk and incorporated he
reference, are the findings and conditions of the City Council.
That the recommendations of the Housing Commission for the approva
project is approved and that the findings of the Housing Commission cont
Housing Commission Resolution No. 96- 004 , on file with the City C1
incorporated herein by reference, are the findings of the City Council.
This action is final the date this resolution is adopted by the City Counc
provisions of Chapter 1.16 of the Carlsbad Municipal Code, “Time Lir
Judicial Review’’ shall apply:
3.
4.
“NOTICE TO APPLICANT”
“The time within which judicial review of this decision must be sough1
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
nineteenth 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 deposit in an amount sufficient to cover
the estimated cost or 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.”
5. Condition No. 50 of Planning Commission Resolution No. 3936 is superse
the following:
Prior to approval of the final map, the Developer shall provide an irrei
offer of dedication to the City of Carlsbad for a trail easement for a trail
on the tentative map within Open Space Lot 61. If the City of Carlsbad
dedication of the trail easement, the trail shall be constructed as apublic ti
will be the maintenance and liability responsibility of the City of Carlsbad
City of Carlsbad does not accept dedication of the trail easement, the tr;
still be constructed but it shall be constructed as aprivate traiZ and shall
maintenance and liability responsibility of the Homeowners Association.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the City !
, 1996, by the fo of the City of Carlsbad, California, on the 6th day of AUGUST
vote, to wit:
AYES: Council Members Lewis, Nygaard, Kulchin, HE
NOES: None
ABSENT: Council Member Finnila
ABSTAIN: None
ATTEST:
ALETHA L. RAUTENKRANZ, City hlerk
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