HomeMy WebLinkAbout2006-04-18; City Council; Resolution 2006-1011 RESOLUTION NO. 2006-101
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, DENYING AN APPEAL AND
3 UPHOLDING THE PLANNING COMMISSION'S DECISION TO
APPROVE A HABITAT MANAGEMENT PERMIT FOR THE LAKE
4 CALAVERA RESERVOIR REMEDIAL IMPROVEMENTS.
CASE NAME: LAKE CALAVERA RESERVOIR
5 REMEDIAL IMPROVEMENTS
CASE NO.: HMPP 05-03
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WHEREAS, on January 18, 2006, the Carlsbad Planning Commission
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approved a Habitat Management Permit to allow the incidental take of 0.78 acres of occupied
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Coastal Sage Scrub habitat; and
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WHEREAS, on January 23, 2006, the appellant filed a timely appeal with the
City Clerk; and
WHEREAS, on January 27, 2006, the appellant filed an amended appeal with
the City Clerk; and
WHEREAS, on April 18 , 2006, the City Council of the City of14
Carlsbad considered said appeal; and
WHEREAS, upon hearing the appeal, the City Council considered all factors16
related to the appeal.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the18
City of Carlsbad, California, as follows:
20 1. That the above recitations are true and correct.
21 2. That said appeal is denied.
22 3. That the findings and conditions of the Planning Commission in
23 Planning Commission Resolution No. 5892 on file with the City Clerk and incorporated herein
by reference constitute the findings and conditions of the City Council in this matter.
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4. This action is final the date this resolution is adopted by the City
25 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"
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The time which judicial review of this decision must be sought is governed by
28 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
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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 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 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 AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the 18th day of April 2006, by the following vote, to wit:
AYES: Council Members Lewis, Hall, Kulchin,Packard and Sigafoose
NOES: None
ABSENT:None
Urn?i/
LORRAINE M.~VVOOD, City Clerk J
(SEAL)
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