HomeMy WebLinkAbout2009-03-10; City Council; Resolution 2009-048EXHIBIT 1
1 RESOLUTION NO. 2009-048
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, DENYING THE APPEAL AND
3 UPHOLDING THE PLANNING COMMISSION'S DECISION TO
DENY THE APPEAL TO PLANNING COMMISSION AND
4 UPHOLD THE PLANNING DIRECTOR'S DECISION TO
APPROVE A MINOR COASTAL DEVELOPMENT PERMIT TO
5 ALLOW FOR THE SUBDIVISION OF A .42 ACRE SINGLE-
FAMILY RESIDENTIAL LOT ZONED R-1-7.500-Q, INTO TWO
6 MINIMUM 8,343 SQUARE FOOT SINGLE-FAMILY
RESIDENTIAL LOTS, INCLUDING ONE PANHANDLE LOT,
7 GENERALLY LOCATED ON THE SOUTH SIDE OF TRITON
STREET, WEST OF BLACK RAIL ROAD AND SOUTH OF
8 POINSETTIA LANE WITHIN THE MELLO II SEGMENT OF THE
CITY'S LOCAL COASTAL PROGRAM AND WITHIN LOCAL
9 FACILITIES MANAGEMENT ZONE 20.
10 CASE NO.: CDP 08-06
CASE NAME: RHOADES MINOR SUBDIVISION
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follows:
The City Council of the City of Carlsbad, California, does hereby resolve as
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WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
14 Director did, on October 15, 2008, approve with conditions, a Minor Coastal Development
Permit for the subdivision of one parcel into two residential lots (CDP 08-06); and
WHEREAS, a timely appeal of the Planning Director's decision approving CDP
08-06 was filed by Mr. William and Mrs. Candice Lynn, Mr. Lawrence Lin and Mrs. Sha-Li Lin,
18 and Mr. Rick Conner and Mrs. Kristin Conner pursuant to the provisions of the Municipal Code;
19 and
20 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
21 Commission did, on January 7, 2009, hold a duly noticed public hearing as prescribed by law to
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consider an appeal of the Planning Director's decision to approve a Minor Coastal Development
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Permit (CDP 08-06); and
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WHEREAS, after holding a public hearing as required by law and upon hearing
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and considering all of the testimony and arguments of all persons desiring to be heard, the
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Planning Commission approved Resolution No. 6519 to deny the appeal to Planning
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M
1 Commission and uphold the Planning Director's decision to approve Minor Coastal
2 Development Permit No. CDP 08-06; and
3 WHEREAS, a condition was added to Planning Commission Resolution No. 6519
4 (Condition No. 2) to notify future property owner(s) of the project site that this property may be
5 subject to nuisance impacts from the horses located on the surrounding agricultural properties;
6 and
7 WHEREAS, a timely appeal of the Planning Commission's decision was filed with
8 the City Clerk by Mr. William Lynn and Mrs. Candice Lynn; Mr. Rick Conner and Mrs. Kristen
9 Conner; Mr. Michael Franchek, and Mrs. Sha-Li Lin; and
10 WHEREAS, on 3/10/2009 the City Council of the City of Carlsbad, considered
11 said appeal; and
12 WHEREAS, upon considering the appeal, the City Council considered all factors
l^ relating to the appeal.
H NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City
15 of Carlsbad, California, as follows:
16 1. That the above recitations are true and correct.
i 7' 2. That said appeal is denied.
1 R0 3. That the findings of the Planning Commission in Resolution No. 6519 on file with
the City Clerk and incorporated herein by reference constitute the findings of the City Council in
this matter.
20 4. That the private view easement recorded on September 18, 2007 and
incorporated herein by this reference is a private agreement made between the owners of the
project site and the adjacent property owners located directly east of the project site commonly
~~ known as 6575 Black Rail Road and no known injunction related to this private easement has
been filed.
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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 AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the IQtbdav of March 2009, by the following vote, to wit:
AYES: Council Members Lewis, Kulcbin, Hall, Packard & Blackburn.
NOES: None.
ABSENT: None.
£ !(EvViS, Mayor
ATTEST:
LORRAINE M/WOOD, CiMCIerk
SEAL)
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