HomeMy WebLinkAbout2003-12-09; City Council; Resolution 2003-3231
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RESOLUTION NO. 2003-323
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, DENYING AN APPEAL AND
UPHOLDING THE PLANNING COMMISSION’S DECISION TO
APPROVE A COASTAL DEVELOPMENT PERMIT AND SITE
DEVELOPMENT PLAN TO DEMOLISH AN EXISTING SINGLE-
FAMILY DWELLING AND TO CONSTRUCT A TWO-STORY,
TWO-FAMILY HOME AT 4132 GARFIELD STREET JUST
SOUTH OF OLIVE AVE IN LOCAL FACILITIES MANAGEMENT
ZONE 1.
CASE NAME: GARFIELD POINT
CASE NO: CDP 03-20/SDP 03-06
WHEREAS, on November 5, 2003, the Carlsbad Planning Commission approved
a Coastal Development Permit and Site Development Plan to demolish an existing single-family
dwelling, and construct a two-story, two-family development at 4132 Garfield Street; and
WHEREAS, the appellant on November 17, 2003 timely filed an appeal with the
City Clerk; and
WHEREAS, on December 9, 2003, the City Council of the City of Carlsbad,
considered said appeal; and
WHEREAS, upon considering the appeal, the City Council considered all factors
relating to the appeal.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City
of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That said appeal is denied.
3. That the findings and conditions of the Planning Commission in Resolutions No.
5482 and 5483 on file with the City Clerk and incorporated herein by reference
constitute the findings and conditions of the City Council in this matter, except as
amended by recital No. 4.
4. That the applicant is required to submit a detailed landscape plan with the
objective of softening the appearance and mass of the building, to the
satisfaction of the Planning Director. Developer shall construct and install all
landscaping as shown on the approved Final Plans, and maintain all landscaping
in a healthy and thriving condition, free from weeds, trash, and debris.
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:
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“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 nineteenth 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 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 regular meeting of the Carlsbad City
Council held on the 9th day of December 2003, by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Kulchin and Packard
NOES: None
ABSENT: Council Member Hall
ABSTAIN : NO61
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