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HomeMy WebLinkAbout1981-12-15; City Council; Resolution 67451 2 3 4 5 6 7 8 9 10 11 12 n t 0 2.8 19 2c 21 22 23 24 25 26 27 28 RESOLUTION NO. 6745 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DENYING A 111-LOT TENTATIVE SUBDIVISION MAP (CT 80-35) AND A PLANNED UNIT DEVELOPMENT PERMIT (PUD-26) FOR A 105-UNIT RESIDENTIAL DEVELOPMENT ON PROPERTY GENERALLY LOCATED EAST OF SIERRA MORENA AVENUE BETWEEN TAMARACK AVENUE AND CHESTNUT AVENUE. APPLICANT: HAWORTH.. WHEREAS, on November 18, 1981, the Carlsbad City - Planning Commission adopted Resolutions No. 1892 and 1894 recommending to the City Council denial of a 111-lot Tentative Subdivision Map (CT 80-35) and a Planned Unit Development Permit (PUD-26) for a 105-unit residential development on property generally located east of Sierra Morena Avenue between Tamarack Avenue and Chestnut Avenue, more particularly described as: Portion of Lot "J" of the Rancho Agua Hedionda, in the County of San Diego, Map No. 823, filed November 16, 1896, and WHEREAS, the City Council of the City of Carlsbad did on December 1, 1981 hold a duly noticed public hearing to consider the recommendations of the Planning Commission and to receive all recommendations and hear all persons interested in or opposed to said Tentative Subdivision Map and Planned Unit Development Permit: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California as follows: A. That the above recitations are true and correct. B. That the findings of the Planning Commission in Resolutions No. 1892 and No. 1894 constitute the findings of the City Council in this matter. d 1 2 3 4 5 6 7 8 9 10 11 12 0 19 2c 21 22 22 24 2E 2E 27 2E C. That Tentative Subdivision Map (CT 80-35) and Planned Unit Development Permit (PUD-26) are hereby denied based upon the facts set out in the Planning Department Staff Report dated November 18, 1981 and Planning Commission Resolutions No. 1892 and No. 1894 on file in the City Clerk's Office and incorporated by reference herein. D. This action of denial is final the date this resolution is adopted by the City Council. of the Carlsbad Municipal Code, "Time Limits for Judicial The provision of Chapter 1.16 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 becomes 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, 1200 Elm Avenue, Carlsbad, California, 92008." PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, held on the /// /// /// /// /// 2. 2 3 4 5 6 7 a 9 10 11 E 0 18 19 20 21 22 23 24 25 26 27 28 15th day of -r , 1981, by the following vote, to wit: AYES: NOES: None Council Hers Packard, Casler, hear, Lewis and Kulchin ABSENT: None 7 'RONALD' C. PACKARD, Mayor A ATTEST : &&. bp. ALETHA L. RAUTENK (SEAL) 3.