HomeMy WebLinkAbout1993-01-12; City Council; 12026; FINDINGS OF DENIAL OF APPEAL- CARLSBAD THEATREm
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MTQ. 1/12/93 CARLSBAD THEATRE CITY AI FINDINGS OF DENIAL OF APPEAL -
DEPT. CA CITY MI
RECOMMENDED ACTION:
If Council concurs, your action is to adopt Resolution No.
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ITEM EXPLANATION
At your meeting of January 5, 1993, Council denied applic appeal for exclusion from seismic retrofit repairs requirt Chapter 18.07 of the Carlsbad Municipal Code (Unreinforced Ma
Construction) .
The attached resolution meets the legal requirements to for deny the appeal.
FISCAL IMPACT
None o
EXHIBITS
Resolution No. 9 3 - v
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January 20, 1993
Mr. J. Michael Winfield, AIA
10457A Roselle Street San Diego, CA 92121
RE: Denial of Appeal - Carlsbad Theatre
The Carlsbad City Council, at its meeting of January 12, 1993,
adopted Resolution No. 93-7, denying the appeal for exclusion from seismic retrofit repairs required by Chapter 18.07 of the Carlsbad Municipal Code entitled Unreinforced Masonry Construction.
Enclosed is a copy of Resolution No. 93-7 for your files.
d%z$ Assistant City Clerk CMC
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Enclosure
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1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-2801
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RESOLUTION NO. 93-7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA DENYING APPLICANT'S APPEAL FOR EXCLUSION FROM SEISMIC RETROFIT REPAIRS REQUIRED BY CHAPTER 18.07 OF THE CARLSBAD MUNICIPAL CODE ENTITLED UNREINFORCED
MASONRY CONSTRUCTION. APPLICANT : CARLSBAD THEATRE
WHEREAS, on September 30, 1992 the City received a 1
of appeal from applicant's representative for exclusion
seismic retrofit repairs required by Chapter 18.07 of the Car
Municipa.1 Code entitled Unreinforced Masonry Construction; a
WHEREAS, on January 5, 1993 the City Council of the
of Carlsbad held a duly noticed public hearing as prescribed 1
to consider said appeal and at said hearing after consideratj
all the evidence, testimony, argument of those persons presez
desiring to be heard the City Council denied the appeal,
NOW, THEREFORE, BE IT RESOLVED by the City Council c
City of Carlsbad, California, as follows:
1. That the above recitations are true and correc
2. The City Council finds that the intent of both :
(Gov't Code L8875 et. seq.) and Carlsbad Municipal Code Cl
18.07 is to include unreinforced masonry buildings (URM's) SI
appellant's building within its scope and purview. One c
primary intents of both laws is to protect persons and. prc
from injury during a seismic event. Appellant's property I
occupied by up to 600 persons and the building should met
standards of Chapter 18.07. The standards, tests and desig!
sufficiently specific to allow a person to comply with C:
18.07. Appellant's property was not singled out for s:
, treatment and is in the general classification of poten
hazardous buildings identified by the City for mitigation.
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3. This action is final the date this resolutio
adopted by the City Council. The provision of Chapter 1.16 01
Carlsbad Municipal Code, "Time Limits for Judicial Review" s
apply:
"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 judicial review must be filed in the appropriate court not later than the ninetieth day following the date on which this decision become 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 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 92008.18
PASSED, APPROVED AND ADOPTED at a Regular Meeting C
City Council of the City of Carlsbad on the 12th ' day of Jan
1993, by the following vote, to wit:
AYES: Council Members Lewis, Stanton, Kulchin, Nygaard and
NOES: None
ABSENT : None
ATTEST:
&e.%& 2. QGLAk ALETHA L. RAUTENKRANZ, City Clekk
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