HomeMy WebLinkAbout1998-04-07; City Council; Resolution 98-99'* -
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RESOLUTION NO. 98-99
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, DENYING AN APPEAL AND
UPHOLDING A PLANNING COMMISSION DECISION TO
APPROVE A SITE DEVELOPMENT PLAN AND COASTAL
BUILDINGS ON THE EAST SIDE OF FLEET STREET BETWEEN
ARMADA DRIVE AND LEG0 DRIVE WITHOUT REMOVAL OF
THE CONDITION REQUESTED BY THE APPELLANT,
DEVELOPMENT PERMIT TO CONSTRUCT FOUR TWO-STORY
SDP 97-14/CDP 97-31, CARLSBAD RANCH LOTS 9 AND IO.
WHEREAS, on January 21, 1998, the Carlsbad Planning Commission considered i
request for approval of SDP 97-141CDP 97-31 subject to conditions; and
9 WHEREAS, the Carlsbad Planning Commission approved Site Development Plan 97-14
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appellant; and l1
and Coastal Development Permit 97-31 without removing the condition requested by thc
12 WHEREAS, the City Council of the City of Carlsbad on April 7 , 199;
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removing the condition requested by the appellant; and 14
considered an appeal of the Planning Commission decision to approve SDP 97-14/CDP 97-3
WHEREAS, upon considering the request, the City Council requested all input includinl
staff reports and public testimony from Planning Commission hearings and City Council hearin'
relating to the Site Development Plan and Coastal Development Permit and appeal, thereof, tl
include the appellant's requested removal of a condition; and
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18 WHEREAS, the appellant's requested condition removal would not further the project'
compliance with the General Plan, applicable Local Coastal Program, Local Facilitie 19
2o Management Plan and Zone Plan.
21 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbac
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1. That the above recitations are true and correct. 23
California, as follows:
24 2. That SDP 97-14/CDP 97-31 as approved and conditioned by the Carlsba
25 Planning Commission comply with all applicable plans, policies, and development regulations.
3. That the appeal of the Planning Commission decision to approve SDP 97-14/CD 26
97-31 removing the requested condition by the appellant, is denied.
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c 1 4. That the findings of Planning Commission in Resolution Nos. 4222 and 4223 on file
2 with the City Clerk, and incorporated herein by reference, constitute the findings of the Citl
Council in this matter. Condition No. 37 of Planning Commission Resolution No. 4222 is modifiec 3
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as follows:
"This project is within the proposed boundary of the Cannon Road West
Bridge and Thoroughfare Fee District. This project is required to pay a
fair share contribution toward the construction of Cannon Road in
accordance with the proposed fee program. Developer shall enter into
an agreement with the City providing that, if the fee district has not been
formed prior to issuance of building permits for the project, the owner
shall pay a fee, in an amount currently estimated to be $124 per ADT
attributable to the project, subject to potential increases or decreases at
time of building permit (and correspondingly increased fee, or
reimbursement), and shall enter into an agreement with the City not to
oppose the formation of a fee district and pay the project's fair share
contribution towards the construction of Cannon Road in accordance
with that future adopted fee program."
12 5. That SDP 97-14KDP 97-31 is approved subject to all conditions of Plannin!
13 Commission Resolution Nos. 4222 and 4223.
14 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Counc
15 held on the 7th day of April , 1998 by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Nygaard and Hall
NOES: None
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l7 II ABS+ENT: Council Member Kulchin
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22 ATTEST:
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24 (SEAL)
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