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HomeMy WebLinkAbout2003-10-28; City Council; Resolution 2003-2851 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. 2003-285 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A TENTATIVE TRACT MAP AND CONDOMINIUM PERMIT FOR BRESSI RANCH AFFORDABLE HOUSING TO SUBDIVIDE 26.53 ACRES INTO 5 LOTS, APPROVE FLOOR PLANS AND ARCHITECTURAL ELEVATIONS FOR 10 CONDOMINIUM BUILDINGS EACH CONTAINING 10 RESIDENTIAL CONDOMINIUM UNITS, AND APPROVE A PROJECT SITE PLAN ON PROPERTY GENERALLY LOCATED SOUTH OF PALOMAR AIRPORT ROAD, EAST OF EL CAMINO REAL, NORTH OF THE FUTURE EXTENSION OF POINSETTIA LANE AND WEST OF THE FUTURE EXTENSION OF EL FUERTE STREET IN LOCAL FACILITIES MANAGEMENT ZONE 17. CASE NAME: BRESSI RANCH AFFORDABLE HOUSING CASE NO.: CT 03-03/CP 03-03 The City Council of the City of Carlsbad, California, does hereby resolve as follows: WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did, on September 17, 2003, hold a duly noticed public hearing as prescribed by law to consider a Tentative Tract Map and Condominium Permit; and WHEREAS, the City Council of the City of Carlsbad, on the 28'h day of October 2003, held a duly noticed public hearing to consider the Tentative Tract Map and Condominium Permit, and at the time received recommendations, objections, protests, comments of all persons interested in or opposed to CT 03-03/CP 03-03; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the recommendation of the Planning Commission for the approval of Tentative Tract Map CT 03-03 and Condominium Permit CP 03-03 is approved by the City Council and that the findings and conditions of the Planning Commission contained in Planning Commission Resolutions No. 5463 and 5465, on file with the City Clerk and made a part hereof by reference, are the findings and conditions of the City Council, except as follows: Developer shall post notices on properties owned and controlled by him at key locations throughout the Bressi Ranch Master Plan to the satisfaction of the Planning Director disclosing that the site will be developed in the future as non-residential uses including a commercial center, industrial buildings, community facilities and schools. Developer shall use all reasonable efforts to obtain permission to post such same notices on properties within the 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 boundaries of the Bressi Ranch Master Plan area not under his immediate ownership and control. Developer shall provide notice in the CC&R’s disclosing the fact that Homeowner’s Association fees are established and enforced by the Homeowner’s Association Board of Directors and shall in all likelihood increase over time. 3. This action is final the date this resolution is adopted by the City Council. The Provisions of Chapter 1.16 of the Carlsbad Municipal Code, “Time Limits 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.” PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 28th day of October, 2003, by the following vote, to wit: AYES: Council Members Lewis, Finnila, Kulchin, Hall and Packard. NOES: None. AB&NT: None. ATTEST: / ‘sEY -2-