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HomeMy WebLinkAbout2004-12-07; City Council; Resolution 2004-3881 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. 2004-388 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A GENERAL PLAN AMENDMENT, TENTATIVE TRACT MAP, AND HILLSIDE DEVELOPMENT PERMIT FOR THE HOLLY SPRINGS PROJECT GENERALLY LOCATED NORTH OF EL CAMINO REAL AND EAST OF THE COLLEGE BOULEVARD AND CANNON ROAD INTERSECTION WITHIN LOCAL FACILITIES MANAGEMENT ZONE 15. CASE NAME: HOLLY SPRINGS CASE NO.: GPA 00-06/CT 00-21/HDP 00-12 The City Council of the City of Carlsbad, California, does hereby resolve as follows: WHEREAS, on October 20, 2004, the Carlsbad Planning Commission held a duly noticed public hearing to consider a proposed General Plan Amendment (GPA 00-06), Tentative Tract Map (CT 00-21), and Hillside Development Permit (HDP 00-12), and adopted Planning Commission Resolutions No. 5757, 5759, and 5760 respectively, recommending to the City Council that GPA 00-06, CT 00-21, and HDP 00-12 be approved; and WHEREAS, the City Council of the City of Carlsbad, did on the 7th I day of December , 2004, hold a public hearing to consider the recommendations and heard all persons interested in or opposed to GPA 00-06, CT 00-21 , and HDP 00-12; 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 the General Plan Amendment (GPA 00-06) as shown in Planning Commission Resolution No. 5757, is hereby accepted, approved in concept and shall be formally approved in connection with General Plan Amendment Batch No. 3 comprised of GPA 00-06, GPA 01-09, and GPA 04- 16. 3. That the recommendation of the Planning Commission for the approval of the Tentative Tract Map and Hillside Development Permit is approved and that the findings and conditions of the Planning Commission contained in Planning Commission Resolutions No. 5759 and 5760, on file with the City Clerk and made a part hereof by reference, are the findings and conditions of the City Council. . . .. 15- .. 1 2 7 - 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 “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 not 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 the 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 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 proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California 92008.” EFFECTIVE DATE: This resolution shall be effective upon its adoption, except as to the General Plan Amendment, which shall be effective thirty (30) days following its adoption. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 7th day of December , 2004, by the following vote, to wit: AYES: NOES: None Council Members Lewis, Finnila, Ikll and Packard. / ATTEST: -2-