HomeMy WebLinkAbout1990-12-18; City Council; Resolution 90-454w 0 . ,.
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RESOLUTION NO. 90-454
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA DENYING APPLICANT'S
APPEAL AND UPHOLDING THE PLANNING COMMISSION'S
APPROVAL OF A MAJOR SITE DEVELOPMENT PLAN AMENDMENT NO. SDP 80-3(A) TO ALLOW FOR THE EXPANSION OF THE DANIELS CABLEVISION USE ON PROPERTY GENERALLY LOCATED NORTH OF FARADAY
AVENUE AND EAST OF EL CAMINO REAL.
APPLICANT: DANIELS CABLEVISION
CASE NO. : SDP 80-3 (A)
WHEREAS, a verified application for a tentative m
certain property to wit:
A portion of Lot lrBal of Rancho Agua Hedionda according to Map No. 823 recorded in the
County of San Diego, California on November
16, 1896.
has been filed with the City of Carlsbad and referred 1
Planning Commission: and
WHEREAS, the Planning Commission did on Septembc
1990 held a duly noticed public hearings as prescribed by
consider said application for Site Development Plan Amendme
80-3(A) and Special Use Permit 90-2; and
WHEREAS, the Planning Commission did on Septembc
1990 after hearing and considering all the evidence and tes
of all people desiring to be heard adopted Resolution No
approving the Site Development Plan Amendment SDP 80-3(A);
WHEREAS, the applicant appealed condition numbers
59 of Planning Commission Resolution No. 3097 to the City Co
and
WHEREAS, on December 11, 1990 the City Council
City of Carlsbad held a duly notice public hearing as prescri
law to consider said appeal and at said hearing after conside
of all the evidence, testimony, argument of those persons -g
and desiring to be heard the City Council approved thc
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Development Plan Amendment SDP 80-3 (A) and directed the
Attorney to prepare documents which would deny the appez
uphold the Planning Commission's decision,
NOW, THEREFORE, BE IT RESOLVED by the City Council
City of Carlsbad, California, as follows:
1. That the above recitations are true and correl
2. That the findings and conditions of P1,
Commission in Resolution No. 3097, attached as Exhibit A an1
a part hereof, constitute the findings and decision of thl
Council.
3. That the Planning Commission's approval of
Development Plan Amendment SDP 80-3(A) is hereby confirmed a
appeal of that decision is denied based upon the facts set
the Planning Department Staff Report dated September 19, 199
evidence before the Planning Commission, the evidence as set
in City Council Agenda Bill No. 10,896, and the testimony
the City Council all of which are incorporated herein by refe
4. This action of denial is final- the date
resolution is adopted by the City Council. The provis:
Chapter 1.16 of the Carlsbad Municipal Code, O'Time Limil
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
become final; however, if within ten days
after the decision becomes final a request for
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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
City Council of the City of Carlsbad on the 18th day of De
1990, by the following vote, to wit:
AYES: Council Members Lewis, Larson, Stanton and Nygaard
NOES: None
ABSENT: Council Me
ATTEST : Ra- ALETHA L. MUTENKRANZ, City Cherk
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