HomeMy WebLinkAbout2023-06-20; City Council; Resolution 2023-183RESOLUTION NO. 2023-183
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING A COASTAL DEVELOPMENT PERMIT AND
VARIANCE TO ALLOW AN UNPERMITTED RETAINING WALL SYSTEM AND
WOOD DECK THAT EXCEEDS STANDARDS ON A MANUFACTURED UPHILL
PERIMETER SLOPE WITH A GRADIENT GREATER THAN 40 PERCENT AND AN
ELEVATION DIFFERENTIAL OF GREATER THAN FIFTEEN FEET LOCATED ON
PROPERTY LOCATED AT 2170 TWAIN AVENUE WITHIN THE MELLO II
SEGMENT OF THE CITY'S LOCAL COASTAL PROGRAM AND LOCAL FACILITIES
MANAGEMENT ZONE EIGHT
CASE NAME:
CASE NO.:
HOM RESIDENCE: RETAINING WALL VARIANCE
CDP2022-0019/V 2022-0002( DEV2022-000S)
WHEREAS, the City Council of the City of Carlsbad, California has determined that pursuant
to the provisions of the Municipal Code, the Planning Commission did, on May 3, 2023, hold a duly
noticed public hearing as prescribed by law to consider Coastal Development Permit CDP 2022-0019
and Variance V2022-0002, as referenced in Planning Commission adopted Resolution No. 7483
recommending to the City Council that they be approved; and
WHEREAS, the City Council of the City of Carlsbad held a duly noticed public hearing to consider
said variance and coastal development permit; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if
any, of all persons desiring to be heard, the City Council considered all factors relating to the variance
and coastal development permit.
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 recommendation of the Planning Commission for the approval of Coastal
Development Permit CDP 2022-0019 and Variance V2022-0002, are adopted and approved, and that
t he findings and conditions of the Planning Commission contained in the Planning Commission adopted
Resolution No. 7483 on file with the City Clerk and incorporated herein by reference, are the findings
and conditions of the City Council.
3. This action is final the date this resolution is adopted by the City Council. The provisions
of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review" shall apply:
"NOTICE"
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.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 20th day of June, 2023, by the following vote, to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
Blackburn, Bhat-Patel, Acosta, Burkholder, Luna.
None.
None.
None.
KEITH BLACKBURN, Mayor
SHERRY FREISINGER, City Clerk
(SEAL)