HomeMy WebLinkAbout1985-02-05; City Council; Resolution 7903RESOLUTION NO. 7903
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA DENYING ZC-308 A ZONE CHANGE FROM R-1-10,OOO TO RD-M(Q) AND OS AND CT 84-11/
CP-283, A PROPOSED 104 UNIT TENTATIVE SUBDIVISION
MAP AND CONDOMINIUM PERMIT ON PROPERTY GENERALLY
LOCATED BETWEEN CARLSBAD BOULEVARD AND THE AT&SF
RAILROAD AT ANACAPA ROAD.
APPLICANT: CARLSBAD RACQUET CLUB (OCEAN VISTA)
CASE NO.: ZC-308/CT 84-11/CP-283
WHEREAS, the City Council at their meeting of January
22, 1985 conducted a public hearing to consider a proposed zone
change ZC-308 from R-1-10,000 to RD-M(Q) and OS on approximately
9.4 acres of property generally located between Carlsbad
Boulevard and the AT&SF Railroad at Anacapa Road and a proposed
tentative subdivision map and condominium permit CT 84-11/CP-283
for a 104 unit condominium project on said property; and
WHEREAS, at said public hearing after hearing and
considering all the testimony and arguments of all persons
desiring to be heard, the City Council made a legislative
judgment that the proposed zone change is not in the public
interest,
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 ZC-308 as recommended by Planning Commission
Resolution No. 2348 is not approved.
3. That CT 84-11/CP-283 proposing a high density
multiple residential project on the subject property is not a
permitted use under the existing R-1-10,000 zoning and,
therefore, the tentative subdivision map and condominium permit
must be and is hereby denied.
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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."
PASSED, APPROVED AND ADOPTED at a regular meeting of
the City Council of the City of Carlsbad, California, held on
the 5th day of February , 1985 by the following
vote, to wit:
AYES: Council *rs Casler, Lewis, Kulchin, Chick and Pettine
NOES: None
ABSENT: None
I MARY H. PSLER, Mayor
ATTEST:
L ALETHA L. RAUTENKRANZ, City
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