HomeMy WebLinkAbout1999-04-13; City Council; Resolution 99-132% 1, e 0
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RESOLUTION NO. 99-132
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A SITE
DEVELOPMENT PLAN AND COASTAL DEVELOPMENT
PERMIT TO CONSTRUCT 92 AFFORDABLE APARTMENT
UNITS ON PROPERTY GENERALLY LOCATED NEAR THE
NORTHWEST CORNER OF POINSETTIA LANE AND AVENIDA
ENCINAS
CASE NAME: POINSETTIA PROPERTIES PLANNING
CASE NO.: SDP 98-09KDP 98-38
The City Council of the City of Carlsbad, California, does hereby resoh
AREA 5
follows:
WHEREAS, on March 17, 1999, the Planning Commission held a duly no
public hearing to consider a Site Development Plan (SDP 98-09) and a Coastal Developi
Permit (CDP 98-38) for a 92 unit affordable housing development on 5.6 acres of land
adopted Planning Commission Resolutions No. 4514 and 4515, recommending to the
Council that they be approved; and
WHEREAS, the City Council of the City of Carlsbad, on the 13th da
April , 1999, held a duly noticed public hearing to consider the recommendations
heard all persons interested in or opposed to SDP 98-09 and CDP 98-38.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the Cil
Carlsbad as follows:
I. That the above recitations are true and correct.
2. That the recommendation of the Planning Commission for the approv,
the Site Development Plan (SDP 98-09) is approved and that the findings and conditions oi
Planning Commission contained in Planning Commission Resolutions No. 4514 and 451 5
file with the City Clerk and incorporated herein by reference, are the findings and conditior
the City Council.
3. That the City Council modified Planning Commission Resolution
4514, Condition No. 28 to read as follows: "...If grading occurs within 100 feet of any wet
area (including a grading permit for stockpiling purposes), the applicant shall supply the City
a letter from the U.S. Fish and Wildlife Service approving a reduced buffer".
4. This action is final the date this resolution is adopted by the City Cou
The provisions of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Jud
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 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 a
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, California 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 Kulcl
NOES: None
ABSENT: None
ATTEST:
ALETHA L. RAUTENKaNZ, City Clerk ,)
(SEAL)
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