HomeMy WebLinkAbout1996-09-17; City Council; Resolution 96-312f
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RESOLUTION NO. 96-312
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA APPROVING A TENTATIVE
SUBDIVISION MAP (CT 95-06) AND PLANNED UNIT
DEVELOPMENT (PUD 95-04) TO SUBDIVIDE THE
PROPERTY INTO 115 LOTS WITH 104 DUPLEX UNITS
INCLUDING 26 AFFORDABLE TWO AND THREE
BEDROOM UNITS ALL ON PROPERTY GENERALLY
LOCATED SOUTH OF PALOMAR AIRPORT ROAD
BETWEEN FUTURE MELROSE DRIVE AND THE CITY'S
FACILITIES MANAGEMENT PLAN ZONE 18.
APPLICANT: RANCHO CARRILLO VILLAGE "E'
EASTERN BOUNDARY IN THE P-C ZONE AND LOCAL
CASE NO: CT 95-06lPUD 95-04
WHEREAS, on April 17, 1996, the Carlsbad Planning Commission
duly noticed public hearing to consider a proposed Tentative Subdivision Map (CT
and Planned Unit Development (PUD 95-04) for project development on 16.6 acres c
and adopted Planning Commission Resolutions No. 3919 and 3920 respe
recommending to the City Council that they be approved; and
WHEREAS, on August 8, 1996, the Housing Commission held a duly r
public hearing to also consider the project and adopted Housing Commission Res1
No. 96-009 recommending to the City Council that it be approved; and
WHEREAS, the City Council of the City of Carlsbad, held a public hear
September IO, 1996 to consider the recommendations and heard all persons intere
or opposed to Tentative Subdivision Map (CT 95-06) and Planned Unit Developmen
95-04); and
WHEREAS, an Environmental Impact Report (EIR 91-04) was pref
certified on July 27, 1993, and this project complies with all applicable mitigation me,
outlined by Final EIR 91-04 for the development of Village "E' and, as propose
project will not create any significant adverse environmental impacts,
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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 Tentative Subdivision Map (CT 95-06) and P\annel
Development (PUD 95-04) for this project are approved and that the finding
conditions of the Planning Commission contained in Resolutions No. 3919 and
respectively, on file with the City Clerk and incorporated herein by reference, E
findings and conditions of the City Council with the following amendment to Conditi
28 to read as follows:
“Prior to the approval of the final map for any phase of this proj
where a map is not being processed, prior to the issuance of building permits for any
units, the Developer shall enter into an Affordable Housing Agreement with the (
provide and deed restrict twenty-six (26) two-bedroom and three-bedroom dwellins
(units on Lots 3, 4, 23, 24, 27, 28, 33, 34, 35, 36, 37, 38, 69, 70, 85, 86, 95, 96, 9E
with an additional six units on lots to be identified prior to approval of the final map
site development plans, whichever first occurs) as identified on Exhibit “A“ dated A[
1996 as affordable to lower-income households for the useful life of the dwelling UI
accordance with the requirements and process set forth in Chapter 21.85 of the Ca
Municipal Code.
Planning Director not later than thirty (30) days after final map submittal. The ret
Affordable Housing Agreement shall be binding on all future owners and success
interest.”
The draft Affordable Housing Agreement shall be submitted
3. That staff is directed to process the appropriate amendments
related and approved site development plans for this tentative map.
4. This action is final the date this resolution is adopted by the City Cc
The provision of Chapter 1.16 of the Carlsbad Municipal Code, “Time Limits for Ji
Review” shall apply:
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"NOTICE TO APPLICANTp
"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."
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, Finnila, Hal
NOES: None
ABSENT: None
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
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