HomeMy WebLinkAbout2024-06-25; City Council; Resolution 2024-163RESOLUTION NO. 2024-163
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, DENYING A VARIANCE AND COASTAL DEVELOPMENT PERMIT
APPLICATION TO ALLOW UNPERMITTED RETAINING WALLS THAT EXCEED
THE STANDARDS OF THE HILLSIDE DEVELOPMENT REGULATIONS ON
PROPERTY LOCATED AT 939 BEGONIA COURT WITHIN THE MELLO II
SEGMENT OF THE CITY'S LOCAL COSTAL PROGRAM AND LOCAL FACILITIES
MANAGEMENT ZONE FOUR
CASE NAME: BEGONIA COURT RETAINING WALL
CASE NO.: CDP 2023-0016 / V 2023-0002 (DEV 2020-0134)
WHEREAS, the City Council of the City of Carlsbad, California has determined that pursuant
to the provisions in the Carlsbad Municipal Code, the Planning Commission did, on March 20, 2024,
hold a duly noticed public hearing as prescribed by law to consider Variance No. V 2023-0002 and
Coastal Development Permit No. CDP 2023-0016, as referenced in Planning Commission Resolution No.
7508, and the Planning Commission adopted Resolution No. 7508 recommending to the City Council
that they be denied; and
WHEREAS, the City Council of the City of Carlsbad held a duly noticed public hearing to consider
the Variance and Coastal Development Permit; and
WHEREAS, at the 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 City Council hereby denies Variance No. V 2023-0002 and Coastal Development
Permit No. CDP 2023-0016, and that the findings and conditions of the Planning Commission contained
in the Planning Commission adopted Resolution No. 7508 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 25th day of June, 2024, by the following vote, to wit:
AYES: •
NAYS:
ABSTAIN:
ABSENT:
BLACKBURN, ACOSTA, BURKHOLDER, LUNA.
NONE.
NONE.
BHAT-PATEL.
KEITH BLACKBURN, Mayor
~m~
/~HERRY FREISINGER, City Clerk
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