HomeMy WebLinkAbout2013-06-18; City Council; Resolution 2013-15417
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The City Council of the City of Carlsbad, California, does hereby resolve as
EXHIBIT 1
1 RESOLUTION NO. 2013-154
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ADOPTING A NEGATIVE
3 DECLARATION AND APPROVING A SITE DEVELOPMENT
PLAN AMENDMENT SDP 01-10(A) TO DEVELOP A 127 UNIT
4 APARTMENT PROJECT ON PROPERTY GENERALLY
LOCATED SOUTH OF CANNON ROAD AND EAST OF THE
5 FUTURE SOUTHERLY EXTENSION OF COLLEGE
BOULEVARD IN LOCAL FACILITIES MANAGEMENT ZONE 15.
6 CASE NAME: ENCINAS CREEK APARTMENT HOMES
CASE NO.: SDP 01-10(A)
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8 follows:
9 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
10 Commission did, on April 3, 2013, hold a duly noticed public hearing as prescribed by law to
11 consider a Negative Declaration and Site Development Plan Amendment to permit the
12 development of a 127 unit apartment project; and
13 WHEREAS, the City Council of the City of Carlsbad, on the I8th day of
14 June , 2013, held a duly noticed public hearing to consider said Site
15 Development Plan Amendment and at that time received recommendations, objections,
protests, comments of all persons interested in or opposed to the Site Development Plan
Amendment.
The City Council of the City of Carlsbad, California, does hereby resolve as
follows:
1. That the above recitations are true and correct.
21 2. That the CEQA findings of the Planning Commission as set forth in Planning
Commission Resolution No. 6955 on file with the City Clerk, and made a part hereof by
22 reference, are the findings of the City Council.
23 3. That the Site Development Plan Amendment 01-10(A)) findings and conditions of
the Planning Commission as set forth in Planning Commission Resolution No. 6957 on file with
24 the City Clerk, and made a part hereof by reference, are the findings and conditions of the City
Council.
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2^ 4. That the application for a Site Development Plan Amendment on property
generally located south of Cannon Road and east of the future southerly extension of College
2^ Boulevard is approved as shown in Planning Commission Resolution No. 6957.
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5. 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 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 is filed with a 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, APPROVED AND ADOPTED at a Special Meeting ofthe City Council ofthe
City of Carlsbad on the 18*'' day of June, 2013, by the following vote to wit:
AYES:
NOES:
ABSENT:
Council Members Hall, Packard, Wood, Blackburn and Douglas.
None.
None.
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