HomeMy WebLinkAbout2000-01-25; City Council; Resolution 2000-31w 0
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RESOLUTION NO. 2000-3l
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA APPROVING A MITIGATED
NEGATIVE DECLARATION AND MITIGATION MONITORING
AND REPORTING PROGRAM, TENTATIVE TRACT MAP AND
CONDOMINIUM PERMIT TO DEVELOP 105 AIRSPACE
CONDOMINIUMS ON PROPERTY GENERALLY LOCATED
WEST OF MELROSE DRIVE AT THE SOUTHERN BOUNDARY
OF THE RANCHO CARRILLO MASTER PLAN IN LOCAL
FACILITIES MANAGEMENT ZONE 18
CASE NAME: RANCHO CARRILLO VILLAGE N
CASE NO.: CT 99-O9/CP 99-06
The City Council of the City of Carlsbad, California, does hereby resoh
follows:
WHEREAS, pursuant to the provisions of the Municipal Code the Plal
Commission did, on December 15, 1999, hold a duly noticed public hearing as prescribed b
to consider a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Pro!
Minor Master Plan Amendment, Tentative Tract Map, and Condominium Permit to subc
105 airspace condominium units on a 12.9 acre parcel in the Rancho Carrillo Master Plan.
Planning Commission adopted Planning Commission Resolutions No. 4680, 4682, and
recommending to the City Council that the Mitigated Negative Declaration and Mitic
Monitoring and Reporting Program, Tentative Tract Map and Condominium Permit be appl
and adopted Planning Commission Resolution No. 4681 approving the Minor Master
Amendment, determining to be minor; and;
WHEREAS, the City Council of the City of Carlsbad, on the 25th dz
January , 2000, held a duly noticed public hearing to consider said matters and a
time received recommendations, objections, protests, comments of all persons interested
opposed to CT 99-09 and CP 99-06;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the C
Carlsbad as follows:
1. That the above recitations are true and correct.
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2. That the City Council approves Planning Commission recommendatior
CT 99-O9/CP 99-06 and that the findings and conditions of the Planning Commission as set
in Planning Commission Resolutions No. 4680, 4682 and 4683 on file with the City Cleri
made a part hereof by reference, are the findings and conditions of the City, with the additi
the following Conditions:
a. “Prior to the recordation of the first final tract map or the issu of building permits, whichever occurs first, the Developer shall pn
and record a Notice that this property is subject to overflight, sigh
sound of aircraft operating from McClellan-Palomar Airport, in a
meeting the approval of the Planning Director and the City Attc
(Noise Form #2); and
b. “Prior to the approval of a grading permit or final map, whicl
occurs first, a pedestrian trail that provides emergency egress from :
“B” to Melrose Drive at the southeasterly end of the project shall be s
on the grading plan. The design of the trail shall be to the satisfactit
the Planning Director. The trail shall be constructed prior to occup
of any unit.”
3. 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 Re
shall apply:
“NOTICE TO APPLICANT”
I
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 I .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 of the Ci
Carlsbad on the 25th day of January , 2000, by the following vote, to wit:
AYES: Council Members Hall, Finnila, Nygaard and Kulchin
NOES: Council Member Lewis
ABSENT: None
ATTEST:
(SEAL)
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