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HomeMy WebLinkAbout2005-02-01; City Council; Resolution 2005-0301 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. 2005-030 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A TENTATIVE TRACT SITE DEVELOPMENT PLAN AND COASTAL DEVELOPMENT OF THE SUBDIVISION AND DEVELOPMENT OF 18,337 SQUARE FEET OF COMMERCIAURETAIL USES, A 3,296 CONDOMINIUM UNITS, 15 LOFT CONDOMINIUM UNITS, AND 12 AFFORDABLE APARTMENTS ON 5.29 ACRES GENERALLY LOCATED SOUTH OF AVENIDA ENCINAS AND NORTH OF WITHIN THE MELLO II SEGMENT OF THE CITY’S LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 22. CASE NAME: POINSETTIA COMMONS MAP, NON-RESIDENTIAL PLANNED DEVELOPMENT PERMIT, PERMIT TO DEVELOP A MIXED-USE PROJECT CONSISTING SQUARE FOOT DAY CARE CENTER, 51 LIVE-WORK THE EAST-WEST SEGMENT OF EMBARCADERO LANE CASE NO.: CT 04-1 I/PUD 04-1O/SDP 04-09EDP 04-26 The City Council of the City of Carlsbad, California, does hereby resolve as follows: WHEREAS, the Planning Commission did, on January 5, 2005, hold a duly noticed public hearing as prescribed by law to consider Tentative Tract Map CT 04-1 1, Non- Residential Planned Development Permit PUD 04-1 0, Site Development Plan SDP 04-09, and Coastal Development Permit CDP 04-26 to develop a mixed-use project consisting of the subdivision and development of 18,337 square feet of commercial/retail uses, a 3,296 square foot day care center, 51 live-work condominium units, 15 loft condominium units, and 12 affordable apartments on 5.29 acres and adopted Planning Commission Resolutions 5806, 5807, 5808, and 581 0 recommending to the City Council that they be approved; and WHEREAS, the City Council of the City of Carlsbad, on the jsJ day of FEBRUARY, 2005, held a duly noticed public hearing as prescribed by law to consider the Tentative Tract Map, Non-Residential Planned Development Permit, Site Development Plan, and Coastal Development Permit, and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, the City Council considered all 1 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 factors relating to the Tentative Tract Map, Non-residential Planned Development Permit, Site Development Plan, and Coastal Development Permit. 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 04-1 1, Non-Residential Planned Development Permit PUD 04-1 0, Site Development Plan SDP 04-09, and Coastal Development Permit CDP 04-26 is approved by the City Council and that the findings and conditions of the Planning Commission contained in Planning Commission Resolution Nos. 5806, 5807, 5808, and 5810, on file with the City Clerk and made a part hereof by reference, are the findings and conditions of the City Council except: a. A mixture of 48” and 60” box specimen or field grown trees shall be planted along the south edge of Building Nos. 8 and 9 to create a landscape screen between this building and the existing single-family homes in Water’s End. The exact mixture of species and specimen size shall be subject to the review and approval of the Planning Director. 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.” -2- 1 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 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 15t day of FEBRUARY , 2005, by the following vote, to wit: AYES: NOES: None ABSENT: None Council Members Lewis, Hall, Kulchin, Packard, Sigafoose CLAUDE A. LEWIS MATT HALL, Mayor' Pro Tern ATTEST: LORRAINE M. W&D, City Clerk ' (SEAL) -3- b