HomeMy WebLinkAbout2010-05-25; City Council; Resolution 2010-1261 RESOLUTION NO. 2010-126
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, DENYING THE APPEAL OF THE
3 PLANNING COMMISSION'S DECISION TO APPROVE A
COASTAL DEVELOPMENT PERMIT AND SPECIAL USE
4 PERMIT FOR THE POST EMERGENCY COASTAL
DEVELOPMENT PERMIT APPROVAL FOR THE
5 CONSTRUCTION OF A 97-FOOT LONG BY 17 TO 24-FOOT
TALL BLUFF-COLORED AND TEXTURED SEAWALL ALONG
6 THE COASTAL BLUFF AND BELOW THE RESIDENCES
LOCATED AT 5323 AND 5327 CARLSBAD BOULEVARD
7 LOCATED ON THE WEST SIDE OF CARLSBAD BOULEVARD
AND NORTHERLY OF CEREZO DRIVE IN THE MELLO
8 SEGMENT OF THE LOCAL COASTAL PROGRAM AND IN
LOCAL FACILITIES MANAGEMENT ZONE 3.
9 CASE NAME: GOETZ SEAWALL
CASE NO.: CDP 09-13/SUP 09-05
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WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission
did, on April 7, 2010, hold a duly noticed public hearing as prescribed by law and approved a
Coastal Development Permit 09-13 and Special Use Permit 09-05 for the construction of a
seawall; and14
WHEREAS, the appellant on April 19, 2010 timely filed an appeal with the City Clerk;
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WHEREAS, after providing the opportunity for all persons both in favor and opposed to
testify on the appeal and having considered all documents, reports, correspondence and other18
evidence and having duly deliberated on the appeal.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows:
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1. That the above recitations are true and correct.
23 2. That the findings of the Planning Commission in Resolutions No. 6677
and 6678 on file with the City Clerk and incorporated herein by reference constitute the findings
24 of the City Council in this matter except that the amount required by the developer to deposit of
an in-lieu fee shall be $2,469 which about was inadvertently omitted from Planning Commission
25 Resolution No. 6677.
26 3. That the appellant's appeal is denied with prejudice and that the
appellants shall bear their costs of appeal.
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4. 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:
"NOTICE TO APPLICANT"
This action may be appealed to the California Coastal Commission since
it is a development between the sea and the first public road paralleling
the sea. (Public Resources Code section 30603(a)(1)). Any party who
desires to challenge the City Council's action by seeking judicial review
must first obtain a final decision on the merits from the California Coastal
Commission. Exhaustion of this administrative remedy is a prerequisite
to any legal action. The City Council shall toll the time for any action
challenging its decision until after a final decision on the merits is
obtained from the California Coastal Commission.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the25tb day of MAY 2010, by the following vote, to wit:
AYES: Council Member? Lewi?, Kulcbin, Hall, Packard
and Blackburn
NOES: None.
ABSENT: None.
, ayor
ATTEST:
LOT^RAIN^M. W^qjD, City Cferk
(SEAL)
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