HomeMy WebLinkAbout2008-09-16; City Council; Resolution 2008-2171 RESOLUTION NO. 2008-217
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, DENYING THE APPEAL OF
3 THE PLANNING COMMISSIONS DECISION TO DENY A
TENTATIVE TRACT MAP AND SPECIAL USE PERMIT
FOR AN AIRSPACE SUBDIVISION OF TWENTY-FIVE (25)
5 UNIT TIMESHARE CONDOMINIUM PROJECT ON ONE-
ACRE OF LAND LOCATED ON THE SOUTH SIDE OF
6 ADAMS STREET BETWEEN HIGHLAND DRIVE AND
PARK DRIVE IN LOCAL FACILITIES MANAGEMENT
7 ZONE1.
CASE NAME: CARLSBAD BOAT CLUB AND RESORT
8 CASE NO.: CT 06-16/SUP 07-05
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WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
10 Commission did, on November 17, 2007, hold a duly noticed public hearing as
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prescribed by law to consider a Tentative Tract Map and Special Use Permit and
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continued said hearing; and13
WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
15 Commission did, on May 7, 2008, hold a second duly noticed public hearing as
16 prescribed by law and denied Tentative Tract Map (CT 06-16) and Special Use Permit
17 (SUP 07-05) for the demolition of a restaurant and single family residence and the
18 construction of a twenty-five (25) unit timeshare condominium project; and
19 WHEREAS, the appellant on May ,14, 2008 timely filed an appeal with the City
20 Clerk; and
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WHEREAS, after providing the opportunity for all persons both in favor and
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opposed to testify on the appeal and having considered all documents, reports,
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correspondence and other evidence and having duly deliberated on the appeal
25 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
26 Carlsbad, California, as follows:
27 1. That the above recitations are true and correct.
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1 2. That the findings of the Planning Commission in Resolutions No. 6348 and
6351 on file with the City Clerk and incorporated herein by reference
2 constitute the findings of the City Council in this matter.
3. That appellant's appeal is denied with prejudice and that appellants shall
4 bear their costs of appeal.
5 4. This action is final the date this resolution is adopted by the Housing and
Redevelopment Commission. The provisions of Chapter 1.16 of the
Carlsbad Municipal Code, "Time Limits for Judicial Review" shall apply:
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8 NOTICE TO APPLICANT
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"The time within which judicial review of this decision must be sought is governed by Code of Civil
10 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
13 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,
14 92008.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 16th day of September, 2008, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.