HomeMy WebLinkAbout1983-04-19; City Council; Resolution 71920
RESOLUTION NO. 71 92
A RE-OLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, DENYING THE APPEAL
FROM A PLANNING COMMISSION DECISION AND
DENYING VARIANCE - STANDARD PACIFIC V-346 TO
REDUCE THE FRONT YARD SETBACK ON UNITS THAT MEET
CERTAIN CRITERIA ON PROPERTY GENERALLY LOCATED
AT THE EXISTING EAST END OF POINSETTIA LANE
IMMEDIATELY NORTH OF THE SPINNAKER HILLS DEVELOPMENT
APPLICANT: STANDARD PACIFIC
CASE NO.: V-346
WHEREAS, on March 9, 1983 the Planning Commission
adopted Resolution No. 2091 recommending to the City Council that
Variance - Standard Pacific (V-346) be denied; and
WHEREAS, the City Council of the City of Carlsbad did on
April 5, 1983 hold a duly noticed public hearing to consider
the recommendations of the Planning Commission and to receive all
recommendations and hear all persons interested in or opposed to
said variance; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Carlsbad, California as follows:
A. That the above recitations are true and correct.
B. That the findings of the Planning Commission in
Resolution No. 2091 constitute the findings of the City Council
in this matter.
C. That Variance - Standard Pacific (V-346) is hereby
denied based upon the facts set out in the Planninq Department
Staff Report dated March 9, 1983 and Planning Commission
Resolution No. 2091 attached as Exhibit A and incorporated
herein.
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D. This action of denial is final the date this
resolution is adopted by the City Council. The provision 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 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 the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Elm Avenue, Carlsbad, California
92008 .I1
PASSED, APPROVED AND ADOPTED at a regular meeting of
the City Council of the City of Carlsbad, California, held on
, 1983, by the following the 19th day of April
vote, to wit:
AYES :
NOES: None
Council Mmbers Casler, Lewis, Kulchin, Chick and
Prescott
ATTEST :
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#it:
PLANNING COMMISSION RESOLUTION NO. 2091
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
FRONT YARD SETBACK ON UNITS THAT MEET CERTAIN CRITERIA ON
PROPERTY GENERALLY LOCATED AT THE EXISTING EAST END OF
POINSETTIA LANE IMMEDIATELY NORTH OF THE SPINNAKER HILLS
DEVELOPMENT.
APPLICANT: STANDARD PACIFIC
CASE NO.: V-346
CARLSBAD, CALIFORNIA, DENYING A VARIANCE TO REDUCE THE
WHEREAS, a verified application for certain property, to
A portion of the west half of the northeast quarter of Section 28, Tier 12 South, Range 4 West, San Bernardino
Base and Meridian.
has been filed with the City of Carlsbad, and referred to the
Planning Commission; and
WHEREAS, said verified application constitutes a request
as provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Ccmmission did, on the 9th day of
!larchp 1983, hold a duly noticed public hearing as prescribed by
law to consider said request; and
WHEREAS, at said public hearing, upon hearing and
considering all testimony and arguments, if any, of all persons
desiring to be heard, said Commission considered all factors
relating to V-346.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct. -
B) That based on the evidence presented at the public hearing,
the Commission DENIES V-346, based on the following findings: ////
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RESOLUTION NO. 7192
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Findings: -
1) That no extraordinary or exceptional circumstances are
applicable to this property that do not apply to other
property in the vicinity since the parcel is large enough to
adequately develop without such variance, and is not unique
from other properties in the vicinity.
That this variance is not necessary for the preservation and
enjoyment of a substantial property right possessed by other
properties but denied this property because no other propertie
in the vicinity possess such reduced setbacks.
2)
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, California, held on tk
9th day of March, 1983, by the following vote, to wit:
AYES: Chairman Schlehuber, Commissioners Marcus,
NOES : None.
Rombotis, Farrow, Jose, Friestedt and Rawlins,
ABSENT : None.
ABSTAIN: None. k@(J)JJ A-
CZARENCE SCHLEHUBER, Chairman
CARLSBAD PLANNING COMMISSION
ATTEST: *
LAND USE PLANNING MANAGER
PC RES0 NO. 2091 2.