HomeMy WebLinkAbout1999-11-09; City Council; Resolution 99-4961
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RESOLUTION NO. 99-Ag6
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A MITIGATED
TORING AND REPORTING PROGRAM, AND APPROVING
A ZONE CHANGE, LOCAL COASTAL PROGRAM
AMENDMENT AND SITE DEVELOPMENT PLAN.
CASE NAME: MANZANITA APARTMENTS
CASE NO.: ZC 98-09/LCPA 98-061SDP 98-1 9
The City Council of the City of Carlsbad, California, does hereby re:
NEGATIVE DECLARATION AND MITIGATION MONI-
as follows:
WHEREAS, on September 15, 1999, the Carlsbad Planning Commi:
held a duly noticed public hearing to consider a Mitigated Negative Declaration
Mitigation Monitoring and Reporting Program relating to Zone Change (ZC 9&
Local Coastal Program Amendment (LCPA 98-06) and Site Development Plan (
98-19). At the conclusion of the hearing the Commission adopted Plar
Commission Resolutions No. 4617, 4618, 4619 and 4620 recommending appro\
the Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program, :
Change, Local Coastal Program Amendment and Site Development Plan; and
WHEREAS, the City Council of the City of Carlsbad, on the 9th
of NOVEMBER, 1999, held a duly noticed public hearing to consider the Commiss
recommendations and to hear all persons interested in or opposed to the Mitig
Negative Declaration, Mitigation Monitoring and Reporting Program, Zone Change
98-09), Local Coastal Program Amendment (LCPA 98-06) and Site Development
(SDP 98-19) relating to the Manzanita Apartments project.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Counc
the City of Carlsbad, California as follows:
I. That the above recitations are true and correct.
2. That the City Council adopts and incorporates the finding
Planning Commission Resolutions No. 4617, 4618, 4619 and 4620 recommen
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approval of the Mitigated Negative Declaration, Mitigation Monitoring and Repc
Program, Zone Change, Local Coastal Program Amendment and Site Develop
Plan for the Manzanita Apartments.
3. That the Mitigated Negative Declaration reflects the City Cou
independent judgment.
4. That Pursuant to Public Resources Code section 21081.6(d
the materials that constitute the administrative record in this proceeding are in
custody of and can be found in the offices of the City Clerk and the Director of Plar
in the City of Carlsbad. The administrative record includes, but is not limited to:
Mitigated Negative Declaration and all public comments thereon received durins
public review period and responses thereto, and the proceedings of the Plar
Commission and the City Council thereon.
5. This action is final the date this resolution is adopted by the
Council. The provisions of Chapter 1 .I6 of the Carlsbad Municipal Code, “Time L
for Judicial 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 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.”
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PASSED AND ADOPTED at a regular meeting of the City Council o
City of Carlsbad on the 9th day of Nov. 1999, by the following votl
wit:
AYES: Council Members Lewis, Hall, Finnila, Nygaard, Kulchin
NOES: None 1
ATTEST:
. 1' kkE?i HA&WkJT@KRANZ, City Clerk
KAREN R. KUNDTZ, Assistant City Clerk
(SEAL)
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