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Home My WebLink About2004-03-16; City Council; 17546; Highland Drive subdivision appeal denialCITY OF CARLSBAD - AGENDA BILL AB# 17,546 MTG. 3/16/04 DEPT. CA TITLE: - DENYING THE APPEAL AND UPHOLDING THE PLANNING COMMISSION APPROVAL OF THE HIGH LAND DRIVE SU BDlVlSlON CT 03-04 AND SDP 03-08 DEPT. HD. CITY ATTY. RECOMMENDED ACTION: That the City Council adopt Resolution No. 2004- 085 Commission approval and denying the appeal of the Highland Drive subdivision. , upholding the Planning ITEM EXPLANATION: At its meeting of March 2, 2004, the City Council (5-0) denied the appeal and upheld the decision of the Planning Commission (1 211 7/03) approving the Highland Drive subdivision. The Council’s decision was made after discussion that the project meets all the City standards, that it is unfair to change the rules and standards at this late date, and that the drainage had been professionally engineered and it met all City standards as well. Council also felt that the appellant did not meet his burden of proof that the Planning Commission’s decision was in error. Council should satisfy itself that the resolution attached accurately reflects your decision in this matter. FISCAL IMPACT: All required improvements will be funded by the developer. The Facility Financing Section of the Zone 1 Local Facilities Management Plan lists the financing techniques being used to guarantee the public facilities needed to serve development within Zone 1. ENVIRONMENTAL REVIEW: The proposed project has been reviewed pursuant to the California Environmental Quality Act (CEQA). Based on an environmental impact assessment of the project, a potentially significant noise impact was identified and mitigation measures were formulated to reduce the identified impact. The Planning Director posted a Notice of Intent to Issue a Mitigated Negative Declaration on November 12, 2003, and no public comments were received during the 20-day public review period. The Planning Commission adopted the Mitigated Negative Declaration at the December 17, 2003 public hearing. EXHIBITS: 1. Resolution No. 2004- 085 Department Contact: Ronald R. Ball, 434-2891 RESOLUTION NO. 2004- 085 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA DENYING APPLICANT’S APPEAL ND UPHOLDING THE PLANNING COMMISSION’S APPROVAL TO SUBDIVIDE 2.55 ACRES INTO SEVEN STANDARD SINGLE FAMILY LOTS ON PROPERTY GENERALLY LOCATED AT THE NORTHEAST CORNER OF CARLSBAD VILLAGE DRIVE AND HIGHLAND DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE I APPLICANT: HIGHLAND DRIVE SUBDIVISION SF NO.: CT 03-04/SDP 03-08 WHEREAS, a verified application for a tentative map for certain property to wit: That portion of Tract 121 of Carlsbad Highlands, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1661, filed in the Office of the County Recorder of San Diego County, March 1 , 191 5 has been filed with the City of Carlsbad; and WHEREAS, the Planning Commission did on December 17, 2003 hold a duly noticed public hearing as prescribed by law to consider said application for Carlsbad Tract 03-04 and Site Development Plan 03-08; and WHEREAS, the Planning Commission did on December 17, 2003 after hearing and considering all the evidence and testimony of all people desiring to be heard adopted Resolution No. 551 9 approving the Negative Declaration, Resolution No. 5520 approving CT 03-04, and Resolution No. 5521 approving SDP 03-08; and WHEREAS, on December 24, 2003 the applicant appealed the decision of the Planning Commission to the City Council; and WHEREAS, on March 2, 2004 the City Council of the City of Carlsbad held a duly notice public hearing as prescribed by law to consider said appeal and at said hearing after consideration of all the evidence, testimony, argument of those persons present and desiring to be heard the City Council approved the negative declaration and directed the City Attorney to prepare documents which would deny the appeal and uphold the Planning Commission's decision, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the findings and conditions of Planning Commission in Resolutions No. 551 9, 5520 and 5521, on file with the City Clerk, constitute the findings and decision of the City Council. I 3. That the Planning Commission's approval of CT 03-04 and SDP 03-08 is hereby confirmed and the appeal of that decision is denied based upon the facts set out in the Planning Department Staff Report dated December 17, 2003, the evidence before the Planning Commission, the evidence as set forth in City Council Agenda Bill No. 17,530, and the testimony before the City Council all of which are incorporated herein by reference. 4. That the project meets all City standards and that to change the rules and/or standards at this time would be unfair. 5. That the drainage had been professionally engineered and meets all City standards. 6. That the appellant did not meet the burden of proof necessary under Carlsbad Municipal Code §21.50.100 for the Council to determine that the Planning Commission's approval was in error. 7. 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 2 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 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, A 200 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 16th day of March 2004, by the following vote, to wit: AYES: Council Members Lewis, Finnila, Kulchin, Hall and Packard ABSENT: None ATTEST: 'J (SEAL) Page 3 of Resolution No. 2004-085 April 5,2004 Gary Nessim 2987 Highland Drive Carlsbad, CA 92008 Re: Highland Drive - CT 03-04 and SDP 03-08 Mr. Nessim: The Carlsbad City Council at the March 16th, 2004, Council Meeting, denied your appeal and upheld the Planning Commission’s approval of the Highland Drive Subdivision. Please find enclosed a copy of Resolution No. 2004-085 denying the appeal. If you have any questions, please contact the City Clerk’s Office at (760) 434-2808. Sincerely, / Marcia Long Senior Office Specialist Enclosure (1) 1200 Carlsbad Village Drive 0 Carlsbad, CA 92008-1 989 0 (760) 434-2808 @ April 5,2004 Mr. Jeff Dall 18681 Amalia Lane Huntington Beach, CA 92648-6835 Re: Highland Drive - CT 03-04 and SDP 03-08 Mr. Dall: The Carlsbad City Council at the March 16th, 2004, Council Meeting, denied the appeal and upheld the Planning Commission’s approval of the Highland Drive Subdivision. Please find enclosed a copy of Resolution No. 2004-085 denying the appeal and approving the Highland Drive Subdivision. If you have any questions, please contact the City Clerk’s Office at (760) 434-2808. Sincerely, Marcia Long Senior Office Specialist Enclosure (1) 1200 Carlsbad Village Drive * Carlsbad, CA 92008-1 989 * (760) 434-2808 @