HomeMy WebLinkAbout1999-11-16; City Council; Resolution 99-501L /I 0 0
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RESOLUTION NO. 99-501
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A MITIGATED
NEGATIVE DECLARATION AND MITIGATION MONITORING
AND REPORTING PROGRAM, AND LOCAL COASTAL
PROGRAM AMENDMENT TO CHANGE THE ZONING ON THE
21.87 ACRES ON PROPERTY GENERALLY LOCATED TO THE
NORTH OF POINSETTIA LANE BETWEEN AVIARA PARKWAY
AND BLACK RAIL ROAD IN THE ZONE 20 SPECIFIC PLAN
AREA AND LOCAL FACILITIES MANAGEMENT ZONE.
CASE NAME: ROESCH PROPERTY SUBDIVISION
CASE NO.: ZC 98-1 2/LCPA 98-09
The City Council of the City of Carlsbad, California, does hereby resoh
SITE FROM L-C TO R-1-7,500-Q ON 5.83 ACRES AND 0-S ON
follows:
WHEREAS, on October 6, 1999, the Carlsbad Planning Commission held 2
noticed public hearing to consider a proposed Mitigated Negative Declaration and Mitic
Monitoring and Reporting Program, Zone Change, Local Coastal Program Amendl
Tentative Tract Map, Site Development Plan, Hillside Development Permit, and Cc
Development Permit to grade and subdivide 27.7 acres into 22 lots. The Planning Commi
adopted Resolutions 4626, 4627, and 4628 recommending to the City Council that the Miti1
Negative Declaration and Mitigation Monitoring and Reporting Program, Zone Change
Local Coastal Program Amendment be approved and adopted Resolutions 4629, 4630, ,
and 4632 approving a Tentative Tract Map, Hillside Development Permit, and Cc
Development Permit ; and
WHEREAS, the City Council of the City of Carlsbad, on 16th day of -
NOV-, 1999, held a duly noticed public hearing to consider the recommendation and he:
persons interested in or opposed to the Mitigated Negative Declaration and Miti!
Monitoring and Reporting Program, Zone Change, and Local Coastal Program Amend
and
WHEREAS, the City Council after considering all of the testimony :
conditions requiring the project to post signs and disclosures that the trails are open 1
public.
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e
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 the recommendation of the Planning Commission for the approv
the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, i
Change 98-12, and Local Coastal Program Amendment 98-09 is approved and that the finc
and conditions of the Planning Commission contained in Planning Commission Resolution
4626, 4627, and 4628 on file with the City Clerk and incorporated herein by reference, art
findings and conditions of the City Council.
3. That the City Council adds the following conditions with respect to sig
and disclosure of the public trails:
a. Signs will be posted at appropriate locations to indicate the I:
nature of the trail to the satisfaction of the Planning Department.
b. That such signs will be posted until all the houses are sold.
c. The fact that the trail is open to the public shall be promin
displayed in all relevant disclosure documents.
d. The developer shall include a notice on the maps and models i
sales office in a prominent location indicating the fact that the trail is open t
public.
4. This action is final the date this resolution is adopted by the City Co
The Provisions of Chapter I .I6 of the Carlsbad Municipal Code, “Time Limits for Ju
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 no later than the ninetieth 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 proceedings
accompanied by the required deposit in an amount sufficient to cover the
estimated cost of preparation of such record, the time within which such
petition may be filed in court is extended to not latter 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.”
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PASSED AND ADOPTED at a regular meeting of the City Council of the Cii
Carlsbad on the lbth day of November 1999, by the following vote, to wit:
AYES: Lewis, Hall, Finnila, Nygaard, Kulchin
NOES: None.
ABSENT: None.
ATTEST:
stant City Clerk
(SEAL)
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