HomeMy WebLinkAbout1999-04-13; City Council; Resolution 99-128I 0 0
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RESOLUTION NO. 99-128
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A NEGATIVE
DECLARATION, TENTATIVE MAP, CONDOMINIUM PERMIT,
COASTAL DEVELOPMENT PERMIT, AND HILLSIDE
DEVELOPMENT PERMIT TO SUBDIVIDE THE PROPERTY
INTO A TOTAL OF 40 LOTS INCLUDING 28 DUPLEX
RESIDENTIAL LOTS AND 56 CONDOMINIUM UNITS ON
PROPERTY GENERALLY LOCATED SOUTH OF AVENIDA
CASE NAME: POINSETTIA SHORES PLANNING AREA C
CASE NO.: CT 98-06/CP 98-05/CDP 98-27/HDP 98-40
The City Council of the City of Carlsbad, California, does hereby resolv
ENCINAS BETWEEN 1-5 AND WINDROSE CIRCLE.
follows:
WHEREAS, on January 20, 1999, the Planning Commission held a duly no
public hearing to consider a Negative Declaration, Tentative Map (CT 98-06), Condomi
Permit (CP 98-05), Coastal Development Permit (CDP 98-27), and Hillside Development PI
(HDP 98-40) and adopted Planning Commission Resolutions No. 4460, 4461, 4462, 4463,
4464 respectively, recommending to the City Council that they be approved; and
WHEREAS, the City Council of the City of Carlsbad, on the 13th day of
April , 1999, held a public hearing to consider the recommendations and hean
persons interested in or opposed to the Negative Declaration, CT 98-06, CP 98-05, CDP 9f
and HDP 98-40.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the Cit
Carlsbad as follows:
1. That the above recitations are true and correct.
2. That the recommendation of the Planning Commission for the approv
the Negative Declaration is approved and that the findings and conditions of the Plan
Commission Resolution No. 4460, on file with the City Clerk and incorporated hereir
reference, are the findings and conditions of the City Council.
3. That the recommendation of the Planning Commission for the approv; the Tentative Map (CT 98-06) is approved and that the findings and conditions of the Plan1
Commission Resolution No. 4461, on file with the City Clerk and incorporated herein
reference, are the findings and conditions of the City Council. That the City Council add
following language to Condition No. 26 of Planning Commission Resolution No. 4461 to reac
1 follows: “...Regardless of whether the City accepts the trail(s) dedication, the subject trail(s)
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shall be installed and made available to the general public prior to the occupancy of an:
within Planning Area C. In the event that a Citywide Open Space Maintenance District
formed, maintenance responsibilities shall be assumed by the Master Homeowners Associ:
4. That the recommendation of the Planning Commission for the appro
the Condominium Permit (CP 98-05) is approved and that the findings and conditions c
Planning Commission Resolution No. 4462, on file with the City Clerk and incorporated h
by reference, are the findings and conditions of the City Council.
5. That the recommendation of the Planning Commission for the appro’
the Coastal Development Permit (CDP 98-27) is approved and that the findings and cond
of the Planning Commission Resolution No. 4463, on file with the City Clerk and incorpo
herein by reference, are the findings and conditions of the City Council.
6. That the recommendation of the Planning Commission for the appro
the Hillside Development Permit (HDP 98-40) is approved and that the findings and cond.
of the Planning Commission Resolution No. 4464, on file with the City Clerk and incorpo!
herein by reference, are the findings and conditions of the City Council.
7. That this project could have a potentially significant cumulative 1
impact on the Palomar Airport RoadlEl Camino Real intersection. However, this projec
been conditioned to pay its fair share of the “short-term improvements” thereby, guarantt
implementation of a mitigation measure that reduces the potential impact to a lev
insignificance.
8. Planning Commission Resolution No. 4461 is further amended b!
addition of the following conditions:
a) The developer shall pay its fair share for the “short-term improvements’’ tc
El Camino Real/Palomar Airport Road intersection prior to approval o
final map or the issuance of a grading permit, whichever occurs first.
amount shall be determined by the methodology ultimately selectec
Council, including but not limited to, an increase in the citywide traffic irr
fee; an increased or new Zone 9 LFMP fee; the creation of a fe
assessment district; or incorporation into a Mello-Roos taxing district.
b) The developer shall consult with surrounding homeowners to determine
most aesthetically pleasing design for wallslfences not required to miti
noise that are located along the project’s Navigator Circle frontage. The
design shall be subject to approval of the Planning Director.
CODE REMINDER:
c) Off-site drainage to unapproved drainage courses is prohibited. This shz
enforced and maintained by the Planning Area C Homeowners Associ;
and/or Poinsettia Shores Master Homeowners Association.
9. This action is final the date this resolution is adopted by the City Coc!
The Provisions of Chapter 1 .I6 of the Carlsbad Municipal Code, “Time Limits for JUC
Review” shall apply:
. . ..
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“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 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 the C
Carlsbad on the 13th day of April 1999, by the following vote, to wit:
AYES: Council Members Lewis, Hall, Finnila, Nygaard and Kulc
ATTEST:
ALETHA L. RAUTENKRhNZ, City Clerk \
(SEAL)
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