HomeMy WebLinkAbout2016-09-27; City Council; Resolution 2016-202RESOLUTION NO. 2016-202
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, DENYING AN APPEAL AND UPHOLDING THE CITY PLANNER'S
DECISION TO DENY A FOUR LOT SINGLE-FAMILY RESIDENTIAL LOT
SUBDIVISION TENTATIVE MAP CT 04-13, EL FUERTE VIEW
CASE NAME: EL FUERTE VIEW
CASE NO.: CT 04-13
EXHIBIT 1
WHEREAS, the Planning Commission held a number of public hearings on the proposed El
Fuerte View subdivision, CT 04-13, the last of which was on October 6, 2010 and approved a Tentative
Map, Hillside Development Permit, and Habitat Management Permit and recommended adoption of a
Mitigated Negative Declaration and approval of a General Plan Amendment and Zone Change for a seven
lot single-family residential subdivision; and
WHEREAS, the decision of the Planning Commission was appealed by the appellant,
Architectural Committee, La Costa Meadows Unit 3 Home Owners Association; and
WHEREAS, the City Council held a public hearing on January 11, 2011 in order to hear the
appeal and consider all arguments and evidence both in favor and against the appeal; and
WHEREAS, the City Council held a continued public hearing on February 8, 2011 and denied
the appellant's appeal of the Planning Commission's approval of El Fuerte View CT 04-13 and remanded
the subdivision to the City Planner for the final design approval of a five lot single-family residential
subdivision with one open space lot and a private street taking access off of El Fuerte Street; and
WHEREAS, the applicant submitted a five lot single-family residential subdivision
application to the City Planner for approval and was denied on the grounds that the design was not
consistent with the direction provided by the City Council; and
WHEREAS, the applicant appealed the City Planner's decision within the ten day appeal
period for reasons as stated on the Appeal Form; and
-1-
EXHIBIT 1
WHEREAS, the City Council held a duly noticed public hearing to consider the appeal ofthe
City Planner's decision.
THEREFORE, The City Council of the City of Carlsbad, California, does hereby resolve as
follows:
1. That the above recitations are true and correct.
2. That the applicant's submitted subdivision design is not consistent with the
direction provided by the City Council when it remanded the tentative map final design to the City Planner
on February 8, 2011.
3. That the City Council denies an appeal and upholds the City Planner's decision to
deny a five lot single-family residential subdivision Tentative Map CT 04-13 and remands the matter back
to the City Planner for approval of a four lot single-family residential subdivision with adequate onsite
vehicle turn-around on each residential lot, one open space lot, and a maximum of three points of access
onto El Fuerte Street.
"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 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 is filed with a deposit in an
amount sufficient to cover the estimated cost or 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, CA, 92008.
-2-
EXHIBIT 1
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad
on the 27th day of September, 2016, by the following vote, to wit:
AYES: Hall, Wood, Schumacher, Blackburn, Packard.
NOES: None.
ABSENT: None.
MATT HALL, Mayor
~Oo,.~~ BARB ENGLESON, City Cle
(SEAL)
-3-