HomeMy WebLinkAbout1980-08-19; City Council; Resolution 62691
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ICommission, dated June 25, 1980, on file in the City Clerk’s Office,
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and incorporated by reference herein, and for the reasons set out
in said staff report and in Planning Commission Resolution No. 1662;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
ICity of Carlsbad as follows:
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directed the City Attorney to prepare a resolution denying the
project, based upon the facts in the staff report to the Planning
RESOLUTION NO. 6269
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A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, DENYING
TENTATIVE MAP (CT 80-13) AND CONDOMINIUM
PERMIT (CP-68) FOR A 5-UNIT CONDOMINIUM
PROJECT ON PROPERTY GENERALLY LOCATED
ON THE WEST SIDE OF MADISON STREET BETWEEN
PINE AND WALNUT AVENUES. APPLICANT:
MAHIN/CHRISMAN.
WHEREAS, on June 25, 1980 the Carlsbad City Planning Commissior
ermit (CT-68) are hereby denied for the following reasons: I
adopted Resolution No. 1662, on file in the City Clerk’s Office,
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1. That the above recitations are true and correct.
2. That Tentative Subdivision Map (CT 80-13) and Condominium
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A. The proposed subdivision and condominium project
is inconsistent with the Land Use Element of the General Plan
>ased upon the facts and for the reasons stated in the staff report
to the Planning Commission, dated June 25, 1980.
B. The proposed condominium project does not satisfy
the design criteria rquirements for condominium projects as requirec
?ursuant to Chapter 21.47 of the Carlsbad Municipal Code based upon
the facts and for the reasons stated in said staff report.
C. The proposed condominium project does not meet the
levelopment standards for condominium projects as required by
Clhapter 21.47 of the Carlsbad Municipal Code based upon the
facts and for the reasons stated in said staff report.
D. The Subdivision and Zoning laws of the City of
Zarlsbad require approval of the condominium permit before a
tentative subdivision map for a condominium project may be approved,
since the condominium permit must be denied for failure to comply
sith the requirements of Chapter 21.47, the tentative subdivision
nap is not in compliance with the applicable requirements of the
local ordinance and must therefore be denied.
3. This resolution of denial is final and effective on the
3ate this resolution is adopted by the City Council. The provision:
af Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for
Judicial 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 ninethieth day following
the date on which this decision becomes final; however, if
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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, Carlsbad, California, 92008.”
1200 Elm Avenue,
PASSED, APPROVED AND ADOPTED at a regular meeting of the
City Council of the City of Carlsbad, California, held on the
19th day of Auqust , 1980 by the following vote, to wit:
AYES : Council Members Packard, Casler, Anear, Lewis and Kulchin
NOES : None
ABSENT: None
ATTEST :
SEAL)
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