HomeMy WebLinkAbout1996-09-10; City Council; 13791; Aviara Information CenterCITY OF CARLSBAD -AGENDA BILL
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DEPT. CA
TITLE
DENYING THE APPEAL AND APPROVING AN
EXTENSION TO CONDITIONAL USE PERMIT CUP 90-07x1
CASE NAME: AVIARA INFORMATION CENTER
CASE NO: CUP 90-07x1
DEPT. HD.
CITY ATTY.
CITY MGR. +-
RECOMMENDED ACTION:
Adopt Resolution No. s making the necessary findings to deny the appeal and
uphold the Planning Commission’s approval of an extension to Conditional Use Permit CUP 90-
07x1.
ITEM EXPLANATION:
The City Council, at your meeting of August 13, 1996, directed the City Attorney to prepare the
document denying the appeal and upholding the Planning Commission’s approval of an
extension to Conditional Use Permit CUP 90-07x1. The Council added a condition to the
project which requires that Aviara make the required dedication within 30 days of the decision
on the appeal or the extension will be null and void. Council should satisfy itself that the
findings and conditions accurately reflect your intentions in the matter.
FISCAL IMPACT:
The Aviara Information Center is privately owned and operated and continuation of the use
does not produce any fiscal impact to the City.
EXHIBIT:
1. Resolution No. 96 -a?z
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RESOLUTION NO. 9 6 - 29 2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DENYING THE APPLICANT’S APPEAL AND UPHOLDING A PLANNING COMMISSION APPROVAL OF AN EXTENSION OF CUP 90-07x1 FOR THE AVIARA INFORMATION CENTER ON PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF ALGA ROAD BETWEEN BLACK RAIL COURT AND CORMORANT DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 19. CASE NAME: AVIARA INFORMATION CENTER CASE NO: CUP 90-07x1
WHEREAS, a verified application for an extension of a Conditional Use
Permit CUP 90-07x1 for certain property to wit:
Portion of Sections 22, 26, 27, 28, 33 and 34 in Township 12 South, Range 4 West, in the City of Carlsbad, County of San Diego
has been filed with the City of Carlsbad and referred to the Planning Commission; and
WHEREAS, on June 19, 1996, the Carlsbad Planning Commission held a
duly noticed public hearing as prescribed by law, to consider said application for an
extension of Conditional Use Permit CUP 90-07x1; and
WHEREAS, the Planning Commission did on June 19, 1996, after hearing
and considering all the evidence and testimony of all people desiring to be heard, adopted
Resolution No. 3949, approving an extension of Conditional Use Permit (CUP 90-07x1);
and.
WHEREAS, an appeal of this approval was timely filed on June 21, 1996;
and
WHEREAS, the City Council of the City of Carlsbad, on August 13, 1996
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, directed the City Attorney to prepare
documents which would deny the appeal and uphold the Planning Commission’s decision
to approve an extension of Conditional Use Permit CUP 90-07x1,
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of
:he City of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the findings and conditions of the Planning Commisison in
?esolution No. 3949, on file with the City Clerk and made a part hereof, constitute the
indings and decision of the City Council.
3. That the Planning Commission’s approval of CUP 90-07x1 is hereby
confirmed and the appeal of that decision is denied based upon the facts set out in the
Yanning Department Staff Report dated June 19, 1996, the evidence before the Planning
Commission, the evidence as set forth in City Council Agenda Bill No. 13,762, and the
estimony before the City Council, all of which are incorporated herein by reference.
4. That the City Council added a condition to the project to read as follows:
“The property owner shall make an offer of dedication for the future extension of Black Rail Court from Aviara Parkway to the northern boundary of the project site to the satisfaction of the City Engineer. Said offer shall be made within 30 days of the Council decision on the appeal of the CUP 90-07x1 or the approval of the extension shall become null and void. Said offer of dedication shall be rejected by the City until such time as the City Council determines that the road easement is needed for the benefit of the travelling public.”
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
?eview” 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 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
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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, California, on the 10th day of September 11gw
by the following vote, to wit:
AYES: Council Members Lewis, Nygaard, Kulchin, and Hall
NOES: None
ABSENT: Council Member Finni
II Al-l-EST:
-2-
September 17, 1996
Guy S. Moore, Jr.
6503 El Camino Real
Carlsbad, CA 92009
Re: Aviara Information Ceder Appeal
The Carlsbad City Council, at its meeting of September 10, 1996, adopted
Resolution No. 96-292, making the necessary findings to deny the appeal and
uphold the Planning Commission’s approval of an extension to Conditional Use
Permit CUP 90-07x1.
Enclosed is a copy of Resolution No. 96-292 for your files.
ALETHA L. RAUTENKRANZ, CMC
City Clerk
ALR:ijp
Enclosure
1200 Carlsbad Village Drive - Carlsbad, California 92008-l 989 - (619) 434-2808