HomeMy WebLinkAbout1999-02-16; City Council; Resolution 99-671
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RESOLUTION NO. 99-67
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A MITIGATED
NEGATIVE DECLARATION AND MITIGATION MONITORING
AND REPORTING PROGRAM, MASTER PLAN AMENDMENT,
LOCAL COASTAL PROGRAM AMENDMENT, TENTATIVE
TRACT MAP, CONDOMINIUM PERMIT AND COASTAL
DEVELOPMENT PERMIT TO CREATE 90 AIRSPACE
CONDOMINIUM UNITS ON PROPERTY LOCATED AT THE
NORTHEAST CORNER OF POINSETTIA LANE AND
AMBROSIA LANE IN LOCAL FACILITIES MANAGEMENT ZONE
19.
CASE NAME: BRlNDlSl
CASE NO.: MP 177(W)/LCPA 97-1 O/CT 97-1 7/CP 98-
1 O/CDP 97-46
The City Council of the City of Carlsbad, California, does hereby re
follows:
WHEREAS, pursuant to the provisions of the Municipal Code, the
Commission did, on December 16, 1998, hold a duly noticed public hearing as pres
law to consider a Master Plan Amendment, Local Coastal Program Amendment, '
Tract Map, Condominium Permit and Coastal Development Permit; and
WHEREAS, the City Council of the City of Carlsbad, on the 16 th
February , 1999, held a duly noticed public hearing to consider said matters ar
time received recommendations, objections, protests, and comments of all persons il
in or opposed to the Mitigated Negative Declaration and Mitigation Monitoring and I
Program, Master Plan Amendment, Local Coastal Program Amendment, Tentative TI
Condominium Permit, and Coastal Development Permit; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council c
of Carlsbad as follows:
1, That the above recitations are true and correct.
2. That the City Council APPROVES Planning Co
recommendations on MP 177(W)/LCPA 97-1O/CT 97-1 7/CP 98-1 O/CDP 97-46 anc
findings and conditions of the Planning Commission as set forth in Planning Co
Resolutions No. 4435, 4437, 4436, 4441,4438, and 4439, on file with the City Clerk i
a part hereof by reference, are the findings and conditions of the City Council.
3. That Condition No. 12 of Planning Commission Resolution No. L
be amended by the addition of the following condition:
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E. Notice of Disclosure. The CC&Rs developed for this projc
include a notice of disclosure to future property owners that t
the Brindisi development may be impacted by noise, light, and,
impacts from the future community park located to the nort
subject property.
4. This action is final the date this resolution is adopted by the City
The provisions of Chapter 1 .I6 of the Carlsbad Municipal Code, “Time Limits for
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 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.”
PASSED AND ADOPTED at a regular meeting of the City Council of tt
Carlsbad on the 16 day of February 1999, by the following vote, to wit:
AYES: Council Members Nygaard, Kulchin & Hall
NOES: Council Member Lewis
ATTEST:
~ I (SEAL)
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