HomeMy WebLinkAbout1996-09-17; City Council; Resolution 96-3101
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RESOLUTION NO. 96-31 0
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING SITE
FOOT SPECIALTY RETAIL CENTER ON 26.65 ACRES GENERALLY LOCATED AT THE SOUTHEAST CORNER OF PASEO DEL NORTE AND CAR COUNTRY DRIVE WITHIN PLANNING AREA 6 OF THE CARLSBAD RANCH
SPECIFIC PLAN. APPLICANT: CARLSBAD COMPANY STORES
The City Council of the City of Carlsbad, California, does hereby resc
DEVELOPMENT PLAN SDP 96-03 FOR A 300,000 SQUARE
CASE NO: SDP 96-03
follows:
WHEREAS, pursuant to the provisions of the municipal code the PI
Commission did, on August 7, 1996 consider said request on property described as:
Lot 3 of Carlsbad Tract No. 92-7 Carlsbad Ranch Unit I and II
per Map No. 13078 and Lot 2 of CT 94-09.
WHEREAS, on August 7, 1996 the Carlsbad Planning Commission I
duly noticed public hearing to consider a proposed Site Development Plan for a 3(
square foot Specialty Retail Center on 26.65 acres of land, and adopted Resolutic
3965 recommending to the City Council that the Site Development Plan be approved;
WHEREAS, the City Council of the City of Carlsbad held a duly r
public hearing on September 17, 1996 to consider the recommendation and he;
persons interested in or opposed to SDP 96-03; and
WHEREAS, an Initial Study was prepared for the project and i
determined that the project was in Prior Compliance with the Program Environr
Impact Report (EIR 94-01) certified, for the Carlsbad Ranch Specific Plan Amendme
related applications, on January 9, 1996 by the City Council,
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the
Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the recommendation of the Planning Commission for the appr
Site Development Plan 96-03 is approved and that the finding and conditions
Planning Commission contained in Planning Commission Resolution No. 3965, on fi
the City Clerk and incorporated herein by reference, are the findings and conditions
City Council along with the following additional conditions:
a. That Condition No. 26 of Planning Commission Resolutic
3965 is amended to read as follows:
‘Shopping carts shall be permitted to be stored and I(
only in those locations approved by the Planning Director.”
b. That Condition No. 49 of Planning Commission Resolutic
3965 is amended to read as follows:
“Prior to the issuance of building permits, the develope
enter into a future improvement agreement which shall be a lien on the subject real pv
for the future design and construction of a fully actuated signal at either the main en
on Paseo del Norte or Car Country Drive as determined by the City Engineer.”
c. That the Site Development Plan is approved with the revisec
scheme as presented by the applicant at the public hearing on September 17, I!
neutral, earthtone and sandstone color and material, or equivalent. The applicant m;
other colors and materials in order to provide greater contrast, accent and variety (
exterior of the surfaces of interior locations which are not exposed to the public viev
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from public streets upon written approval of the Planning Director. Once completec
color schemes and materials may be maintained but not changed for the existence
project without prior written approval of the Planning Director."
3. This action of approval is final the date this resolution is adopted
City Council. The provision of Chapter 1 .I6 of the Carlsbad Municipal Code, "Time
for 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 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 tt
Council of the City of Carlsbad on the 17th day of SEPTEMBER 1996,
following vote, to wit:
AYES: Council Members Lewis, Nygaard, Kulchin, Fin
NOES: None
ABSENT: None
ATTEST:
AL9WiTfii-k
(SEAL)