HomeMy WebLinkAbout1998-04-07; City Council; Resolution 98-68A I1 0 a
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RESOLUTION NO. 98-68
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A MITIGATED
NEGATIVE DECLARATION AND ADDENDUM, TENTATIVE
TRACT MAP, A PLANNED UNIT DEVELOPMENT, A
HILLSIDE DEVELOPMENT PERMIT, AND COASTAL
DEVELOPMENT PERMIT TO SUBDIVIDE PROPERTY
INTO 144 SINGLE FAMILY LOTS, 9 OPEN
SPACE/RECREATION LOTS, AND CONSTRUCT SINGLE
FAMILY HOMES ON 45 ACRES GENERALLY LOCATED
SOUTH OF FUTURE CANNON ROAD AND WEST OF EL
CAMINO REAL IN LOCAL FACILITIES MANAGEMENT
ZONE 8.
CASE NAME: KELLY RANCH VILLAGE “E”
CASE NO.: CT 96-071PUD 97-04/HDP 96-13/CDP 96-13
WHEREAS, pursuant to the provisions of the Carlsbad Municipal Coc
the Planning Commission did, on January 21, 1998, hold a duly noticed public heari
as prescribed by law to consider a Mitigated Negative Declaration and Addendu
Tentative Tract Map (CT 96-07), Planned Unit Development Permit (PUD 97-0
Hillside Development Permit (HDP 96-13), and Coastal Development Permit (CDP $
13); and
WHEREAS, the City Council of the City of Carlsbad, on the 7th C
of April , 1998, held a duly noticed public hearing to consider s,
Negative Declaration and Addendum, Tentative Map, Planned Unit Developmc
Hillside Development Permit, and Coastal Development Permit and at that ti
received recommendations, objections, protests, comments of all persons interestec
or opposed to CT 96-07/PUD 97-04/HDP 96-1 3/CDP 96-1 3; and
25 /I The City Council of the City of Carlsbad, California, does hereby resc
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1. That the above recitations are true and correct. 27
as follows:
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2. That the City Council adopt City Council Resolution No. 98-68
that the findings and conditions of the Planning Commission as set forth in
Planning Commission Resolutions No. 4224, 4225, 4226, 4227 and 4228 on file
with the City Clerk and made a part hereof by reference are the findings and
conditions of the City Council. The final paragraph of Condition No. 53 of
Planning Commission Resolution No. 4225 is amended by the addition of:
“The subdivision secured improvement agreement shall provide that:
Cannon Road from El Camino Real to Frost Street shall be
complete within one year following execution of the Subdivision
Improvement Agreement.
Cannon Road from Frost Street to the west tract boundary shall
be complete within two years following execution of the
Subdivision Improvement Agreement.”
3. That the applications for the Tentative Map, Planned Unit
Development, Hillside Development Permit, and Coastal Development Permit
are approved as shown on Planning Commission Exhibits “A-XX” dated January
21 , 1998, on file with the Planning Department and incorporated herein by
reference.
4. This action is final the date this resolution is adopted by the City
Council. The Provisions of Chapter 1 .I 6 of the Carlsbad Municipal Code, “Time
Limits 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 I .16. Any petition or other paper seeking 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, CA 92008.”
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PASSED AND ADOPTED at a regular meeting of the City Council of th
City of Carlsbad on the 7th day of April 1998, by the following votr
to wit:
AYES: Council Members Lewis, Finnila, Nygaard and Hall
NOES: None
ABSENT: Council Member Kulchin
ATTEST:
(SEAL)
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