HomeMy WebLinkAbout1996-04-23; City Council; 13627; Denial Of Appeal For Toyota CarlsbadCrSY OF CARLSBAD - AGE=lA BILL
4B # J$ (0 a? TITLE: DENYING THE APPEAL AND UPHOLDING HTG. J/23/96 THE PLANNING COMMISSION'S DENIAL
IEPT. CA OF SPECIFIC PLAN AMENDMENT APPLICANT: TOYOTA CARLSBAD/CASE NO. SP-19(H
3ECOMMENDED ACTION:
DEPT. HD.
CITY ATTY @?
CITY MGRa,
Adopt Resolution No. q& 14 making the necessary findings to deny the appeal and uphold the Planning Commission's denial of Specific Plan Amendment SP-19(H).
ITEM EXPLANATION
The City Council, at your meeting of April 9, 1996, directed the City Attorney to prepare the document denying the appeal and affirming the Planning Commission's denial of Specific Plan Amendment SP-19(H). That document is attached. The Council should satisfy itself that the findings and conditions accurately reflect your intentions in the matter. If the Council concurs, your action is to adopt Resolution No. 96-/(4[ .
EXHIBIT
Resolution No. qb-//y/
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RESOLUTION NO. 96-141
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA DENYING APPLICANT'S APPEAL AND UPHOLDING THE PLANNING COMMISSION'S DENIAL OF TOYOTA CARLSBAD EXPANSION SP19(H)ON PROPERTY GENERALLY LOCATED SOUTH OF CANNON ROAD AND EAST OF PASEO DEL NORTE IN THE COASTAL ZONE IN THE NORTHWEST QUADRANT OF THE CITY. APPLICANT: TOYOTA CARLSBAD CASE NO.: SP 19(H)
WHEREAS, a verified application for a tentative map for
certain property to wit:
Lot 1 of Carlsbad Tract 87-03 according to Map No. 122- 42 as recorded in the county of San Diego, State of California on October 28, 1988.
has been filed with the City of Carlsbad and referred to the
Planning Commission; and
WHEREAS, the Planning Commission did on January 17, 1996
hold a duly noticed public hearing as prescribed by law to consider
said application for Specific Plan Amendment SP19(H); and
WHEREAS, the Planning Commission did on January 17,
1996, after hearing and considering all the evidence and testimony
of all people desiring to be heard adopted Resolution No.3889
denying Specific Plan Amendment SPlI)(H); and
WHEREAS, and appeal of this approval was timely filed on
January 25, 1996; and
WHEREAS, on-April 9, 1996 the City Council of the City
of Carlsbad held a duly noticed public hearing as prescribed by law
to consider said appeal and at said hearing after consideration of
all the evidence, testimony, and argument of those persons present
and desiring to be heard the City Council directed the City
Attorney to prepare documents which would deny the appeal and I
uphold the Planning Commission's decision,
,
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12 Commission, the evidence as set forth in City Council Agenda Bill
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NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Carlsbad, California, as follows:
1. That the foregoing recitations are true and correct.
2. That the findings and conditions of Planning
Commission in Resolution No. 3889 on file with the City Clerk and
made a part hereof, constitute the findings and decision of the
City Council.
3. That the Planning Commission's denial of SP-19(H) is
hereby confirmed and the appeal of that decision is denied based
upon the facts set out in the Planning Department Staff Report
dated January 17, 1996, the evidence before the Planning
No. 13,574, and the testimony before the City Council all of which
are incorporated herein by reference.
4. That the appeal is denied without prejudice and the
staff and applicant are encouraged to work together on the site
development plan to allow more flexibility in landscaping,
screening and other requirements so that a number of vehicles are
reasonably visible from Cannon Road.
5. This action is final the date this resolution is
adopted by the City Council. The provision of Chapter 1.16 of the
Carlsbad Municipal Code, "Time Limits for Judicial <Review" shall
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
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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 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."
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the
City Council of the City of Carlsbad on the 23rd day of APRIL
1996, by the following vote, to wit:
AYES: Council Members Lewis, Nygaard, Kulchin, Finnila
NOES: Council Member Hall
ABSENT: None
ATTEST:
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THAG&@XJTE~Z, City Clerk KAREN R. KUNDTuAssistant City Clerk
May 2, 1996
Attention: Lou Jones Toyota Carlsbad 5444 Paseo de1 Norte Carlsbad, CA 92008
Re: Denial of Appeal - Specific Plan Amendment
The Carlsbad City Council, at its meeting of April 23, 1996, adopted Resolution No. 96-141, denying the appeal of Toyota Carlsbad of Specific Plan Amendment SP-19(H).
Enclosed is a copy of Resolution No. 96-141 for your files.
Assistant CityClerk
KRR:ijp
Enclosure
1200 Carlsbad Village Drive - Carlsbad, California 92008-1989 - (619) 434-2808