Loading...
HomeMy WebLinkAbout1983-04-19; City Council; Resolution 71920 RESOLUTION NO. 71 92 A RE-OLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DENYING THE APPEAL FROM A PLANNING COMMISSION DECISION AND DENYING VARIANCE - STANDARD PACIFIC V-346 TO REDUCE THE FRONT YARD SETBACK ON UNITS THAT MEET CERTAIN CRITERIA ON PROPERTY GENERALLY LOCATED AT THE EXISTING EAST END OF POINSETTIA LANE IMMEDIATELY NORTH OF THE SPINNAKER HILLS DEVELOPMENT APPLICANT: STANDARD PACIFIC CASE NO.: V-346 WHEREAS, on March 9, 1983 the Planning Commission adopted Resolution No. 2091 recommending to the City Council that Variance - Standard Pacific (V-346) be denied; and WHEREAS, the City Council of the City of Carlsbad did on April 5, 1983 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 variance; and 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 Resolution No. 2091 constitute the findings of the City Council in this matter. C. That Variance - Standard Pacific (V-346) is hereby denied based upon the facts set out in the Planninq Department Staff Report dated March 9, 1983 and Planning Commission Resolution No. 2091 attached as Exhibit A and incorporated herein. /// /// /// 1 2 z 4 F E 7 E s IC 11 19 20 21 22 23 24 25 26 27 28 D. This action of denial is final the date this resolution is adopted by the City Council. The provision of 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 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 .I1 PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, held on , 1983, by the following the 19th day of April vote, to wit: AYES : NOES: None Council Mmbers Casler, Lewis, Kulchin, Chick and Prescott ATTEST : 1 2 3 '4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 #it: PLANNING COMMISSION RESOLUTION NO. 2091 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF FRONT YARD SETBACK ON UNITS THAT MEET CERTAIN CRITERIA ON PROPERTY GENERALLY LOCATED AT THE EXISTING EAST END OF POINSETTIA LANE IMMEDIATELY NORTH OF THE SPINNAKER HILLS DEVELOPMENT. APPLICANT: STANDARD PACIFIC CASE NO.: V-346 CARLSBAD, CALIFORNIA, DENYING A VARIANCE TO REDUCE THE WHEREAS, a verified application for certain property, to A portion of the west half of the northeast quarter of Section 28, Tier 12 South, Range 4 West, San Bernardino Base and Meridian. has been filed with the City of Carlsbad, and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Ccmmission did, on the 9th day of !larchp 1983, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to V-346. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. - B) That based on the evidence presented at the public hearing, the Commission DENIES V-346, based on the following findings: //// //// //// RESOLUTION NO. 7192 .I .. * : .: 4 F . t r t E I( I1 12 12 34 15 1E l? IE 19 20 21 22 23 24 25 26 27 28 Findings: - 1) That no extraordinary or exceptional circumstances are applicable to this property that do not apply to other property in the vicinity since the parcel is large enough to adequately develop without such variance, and is not unique from other properties in the vicinity. That this variance is not necessary for the preservation and enjoyment of a substantial property right possessed by other properties but denied this property because no other propertie in the vicinity possess such reduced setbacks. 2) PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on tk 9th day of March, 1983, by the following vote, to wit: AYES: Chairman Schlehuber, Commissioners Marcus, NOES : None. Rombotis, Farrow, Jose, Friestedt and Rawlins, ABSENT : None. ABSTAIN: None. k@(J)JJ A- CZARENCE SCHLEHUBER, Chairman CARLSBAD PLANNING COMMISSION ATTEST: * LAND USE PLANNING MANAGER PC RES0 NO. 2091 2.