HomeMy WebLinkAbout2006-12-19; City Council; Resolution 2006-3701 RESOLUTION NO. 2006-370
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ADOPTING A MITIGATED
3 NEGATIVE DECLARATION AND MITIGATION MONITORING
AND REPORTING PROGRAM AND APPROVING A GENERAL
4 PLAN AMENDMENT (GPA 04-12) TO CHANGE THE
PROPERTY'S GENERAL PLAN LAND USE DESIGNATION
5 FROM RESIDENTIAL LOW MEDIUM DENSITY (RLM) AND
RESIDENTIAL MEDIUM DENSITY (RM) TO RESIDENTIAL HIGH
6 DENSITY (RH), RESIDENTIAL MEDIUM-HIGH DENSITY (RMH),
AND OPEN SPACE (OS); A LOCAL COASTAL PROGRAM
7 AMENDMENT (LCPA 04-08) TO CHANGE THE COASTAL
PROGRAM LAND USE AND ZONING DESIGNATIONS TO BE
8 CONSISTENT WITH THE CITY'S GENERAL PLAN AND
ZONING; A TENTATIVE TRACT MAP (CT 04-10),
9 CONDOMINIUM PERMIT (CP 04-05), HILLSIDE DEVELOPMENT
PERMIT (HDP 04-05), SITE DEVELOPMENT PLAN (SDP 04-07),
10 AND HABITAT MANAGEMENT PLAN PERMIT (HMPP 06-08) TO
SUBDIVIDE A 20.4 ACRE SITE INTO TWO RESIDENTIAL LOTS
11 FOR 90 CONDOMINIUMS AND THREE OPEN SPACE LOTS ON
PROPERTY GENERALLY LOCATED SOUTHEAST OF THE
12 INTERSECTION OF CASSIA ROAD AND POINSETTIA LANE IN
THE MELLO II SEGMENT OF THE LOCAL COASTAL
13 PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 21.
CASE NAME: POINSETTIA PLACE
14 CASE NO.: GPA 04-12/LCPA 04-08/CT 04-10/CP 04-05
HDP 04-05/SDP 04-07/HMPP 06-08
i <J
WHEREAS, pursuant to the provisions of the Municipal Code, the Planning16
Commission did, on November 15, 2006, hold a duly noticed public hearing as prescribed by
law to consider a Mitigated Negative Declaration and Mitigation Monitoring and Reporting
lo
Program, General Plan Amendment, Local Coastal Program Amendment, Tract Map,
20 Condominium Permit, Hillside Development Permit, Site Development Plan, and Habitat
21 Management Plan Permit; and
22 WHEREAS, the City Council of the City of Carlsbad, on the 19th day of
23 December f 2006, held a duly noticed public hearing to consider said Mitigated
24 Negative Declaration and Mitigation Monitoring and Reporting Program, General Plan
25 Amendment, Local Coastal Program Amendment, Tract Map, Condominium Permit, Hillside
26 Development Permit, Site Development Plan, and Habitat Management Plan Permit and at that
27 time received recommendations, objections, protests, comments of all persons interested in or
28 opposed to the Mitigated Negative Declaration and Mitigation Monitoring and Reporting
1 Program, General Plan Amendment (GPA 04-12), Local Coastal Program Amendment (LCPA
2 04-08), Tract Map (CT 04-10), Condominium Permit (CP 04-05), Hillside Development Permit
3 (HDP 04-05), Site Development Plan (SDP 04-07), and Habitat Management Plan Permit
4 (HMPP 06-08); and
5 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
6 Carlsbad, California, as follows:
1. That the above recitations are true and correct.
o
2. That the findings and conditions of the Planning Commission as set forth in
9 Planning Commission Resolutions No. 6187, 6188, 6190, 6191, 6192, 6193, 6194, and 6196
on file with the City Clerk and made a part hereof by reference, are the findings and conditions
of the City Council.
11 3. That the application for a Mitigated Negative Declaration and Mitigation
Monitoring and Reporting Program and General Plan Amendment, Local Coastal Program
12 Amendment, Tract Map, Condominium Permit, Hillside Development Permit, Site Development
Plan, and Habitat Management Plan Permit on property generally located south of Cassia Road
13 and west of Poinsettia Lane is approved as shown in Planning Commission Resolutions No.
6187, 6188, 6190, 6191, 6192, 6193, 6194, and 6196.
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4. That the application to change the property's General Plan Land Use designation
15 from Residential Low Medium Density (RLM) and Residential Medium Density (RM) to
Residential High Density (RH), Residential Medium-High Density (RMH), and Open Space (OS)
on land generally located south of Cassia Road and west of Poinsettia Lane as shown in
Planning Commission Resolution No. 6188, is hereby accepted, approved in concept, and shall
be formally approved with a future GPA Batch.
18 5. That all vehicles associated with the construction of the project shall be parked
on-site to the maximum extent feasible and specifically not on Cassia Road and subject to the
approval of the City Engineer.
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6. This action shall not become final until Local Coastal Program Amendment
21 (LCPA 04-08) is approved by the California Coastal Commission and the California Coastal
Commission's approval becomes effective. The Provisions of Chapter 1.16 of the Carlsbad
22 Municipal Code, "Time Limits for Judicial Review" shall apply:
23 "NOTICE TO APPLICANT"
24 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
25 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
26 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
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1 decision becomes final a request for the record of the deposit in an
amount sufficient to cover the estimated cost or preparation of such
2 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
3 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
4 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, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 19th day of December, 2006, by the following vote:
AYES: Council Members Kulchin, Hall, Packard, Sigafoose
NOES: Council Member Lewis
ABSENT: None
CLAUDE'A LEWIS, Mayor
ATTEST:
LDRRAINE M. WOOD, qjy,Ctejfc T
(SEAL) c^." "$£/$sm*.^