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HomeMy WebLinkAbout1999-08-17; City Council; Resolution 99-2960 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 99-296 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENT PLAN AND COASTAL DEVELOPMENT PERMIT FOR 494 APARTMENTS ON PROPERTY GENERALLY LOCATED SOUTH OF CANNON ROAD AND EAST OF FARADAY AVENUE IN LOCAL FACILITIES MANAGEMENT ZONE 8. CASE NAME: KELLY RANCH APARTMENT PROJECT CASE NO.: SDP 98-04/CDP 98-66 The City Council of the City of Carlsbad, California, does hereby resolv CARLSBAD, CALIFORNIA, APPROVING A SITE DEVELOP- follows: WHEREAS, on July 7, 1999, the Carlsbad Planning Commission held a noticed public hearing to consider the Site Development Plan SDP 98-04 and Cc Development Permit CDP 98-66 for the development of 494 apartment units on approxim 36 acres; and WHEREAS, the Planning Commission adopted Planning Commi: Resolutions No. 4567 and 4568 recommending to the City Council that SDP 98-04 and CDF 66, respectively be approved; and WHEREAS, the City Council of the City of Carlsbad, on the 17 day of - August , 1999, held a duly noticed public hearing to consider the recommendations heard all persons interested in or opposed to SDP 98-04 and CDP 98-66; and WHEREAS, the environmental impacts associated with the development 01 project were previously analyzed in the Kelly Ranch Environmental Impact Report, certifiel the City Council on May 11, 1999, by City Council Resolution No. 99-162. NOW, THEREFORE, BE IT RESOLVED by the City Council of the Cit Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That impacts of the Kelly Ranch Apartment Project were analyzed in certified Kelly Ranch Environmental Impact Report, EIR 98-05, and that an initial s’ established that there are no changed circumstances and that the project will not cause significant impacts not already analyzed in the certified EIR 98-05. ’ 3. That the Site Development Plan SDP 98-04 and Coastal Development PE ’ CDP 98-66 are approved and that the findings and conditions of the Planning Commis 1 contained in Planning Commission Resolutions No. 4567 and 4568, respectively, are findings and conditions of the City Council. 4 This action is final the date this resolution is adopted by the City Council. provisions of Chapter 1.16 of the Carlsbad Municipal Code, “Time Limits for Judicial Revi shall apply: .’ 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 “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 .I 6. 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 17 day of n,,7”C+- 1999, by the following vote, to wit: AYES: Council Members Lewis, Nygaard, Finnila & Hall NOES: None ABSENT: Council Member Kulchin ATTEST: (SEAL) -2-