HomeMy WebLinkAbout1996-04-23; City Council; Resolution 96-141-
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RESOLUTION NO. 96-141
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA DENYING APPLICANT'S APPEAL AND UPHOLDING THE PLANNING COMMISSION'S DENIAL OF TOYOTA CARLSBAD EXPANSION SP19 (H) ON PROPERTY GENERALLY LOCATED SOUTH OF CANNON ROAD AND EAST OF PASEO DEL NORTE IN THE
COASTAL ZONE IN THE NORTHWEST QUADRANT OF THE
CITY.
APPLICANT : TOYOTA CARLSBAD CASE NO. : SP 19(H)
WHEREAS, a verified application for a tentative m
certain property to wit:
Lot 1 of Carlsbad Tract 87-03 according to Map No 42 as recorded in the county of San Diego, St; California on October 28, 1988.
has been filed with the City of Carlsbad and referred t
Planning Commission; and
WHEREAS, the Planning Commission did on January 17
hold a duly noticedpublic hearing as prescribed by law to co
said application for Specific Plan Amendment SP19(H); and
WHEREAS, the Planning Commission did on Januar
1996, after hearing and considering all the evidence and tes
of all people desiring to be heard adopted Resolution N
denying Specific Plan Amendment SP19(H); and
WHEREAS, and appeal of this approval was timely fi
January 25, 1996; and
WHEREAS, on April 9, 1996 the City Council of th
of Carlsbad held a duly noticed public hearing as prescribed
to consider said appeal and at said hearing after considerat
all the evidence, testimony, and argument of those persons g
and desiring to be heard the City Council directed thc
Attorney to prepare documents which would deny the appei
uphold the Planning Commission's decision,
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NOW, THEREFORE, BE IT RESOLVED by the City Counl
the City of Carlsba.d, California, as follows:
1. That the foregoing recitations are true and cox
2. That the findings and conditions of PI
Commission in Resolution No. 3889 on file with the City Cle
made a part hereof, constitute the findings and decision
City Council.
3. That the Planning Commission's denial of SP-1s
hereby confirmed and the appeal of that decision is denied
upon the facts set out in the Planning Department Staff
dated January 17, 1996, the evidence before the PI
Commission, the evidence as set forth in City Council Agend
No. 13,574, and the testimony before the City Council all of
are incorporated herein by reference.
4. That the appeal is denied without prejudice a
staff and applicant are encouraged to work together on th
development plan to allow more flexibility in landsc
screening and other requirements so that a number of vehicl
reasonably visible from Cannon Road.
5. This action is final the date this resolut
adopted by the City Council. The provision of Chapter 1.16
Carlsbad Municipal Code, "Time Limits for Judicial Review"
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
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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 Carlsbad Village
Drive, Carlsbad, California 92008. ''
PASSED, APPROVED AND ADOPTED at a Regular Meeting
City Council of the City of Carlsbad on the
1996, by the following vote, to wit:
23rd day of - A
AYES:
NOES: Council Member Hall
ABSENT: None
Council Members Lewis, Nygaard, Kulchin, Finnila
ATTEST:
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Clerk
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