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HomeMy WebLinkAbout1985-02-05; City Council; Resolution 7903RESOLUTION NO. 7903 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA DENYING ZC-308 A ZONE CHANGE FROM R-1-10,OOO TO RD-M(Q) AND OS AND CT 84-11/ CP-283, A PROPOSED 104 UNIT TENTATIVE SUBDIVISION MAP AND CONDOMINIUM PERMIT ON PROPERTY GENERALLY LOCATED BETWEEN CARLSBAD BOULEVARD AND THE AT&SF RAILROAD AT ANACAPA ROAD. APPLICANT: CARLSBAD RACQUET CLUB (OCEAN VISTA) CASE NO.: ZC-308/CT 84-11/CP-283 WHEREAS, the City Council at their meeting of January 22, 1985 conducted a public hearing to consider a proposed zone change ZC-308 from R-1-10,000 to RD-M(Q) and OS on approximately 9.4 acres of property generally located between Carlsbad Boulevard and the AT&SF Railroad at Anacapa Road and a proposed tentative subdivision map and condominium permit CT 84-11/CP-283 for a 104 unit condominium project on said property; and WHEREAS, at said public hearing after hearing and considering all the testimony and arguments of all persons desiring to be heard, the City Council made a legislative judgment that the proposed zone change is not in the public interest, 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 ZC-308 as recommended by Planning Commission Resolution No. 2348 is not approved. 3. That CT 84-11/CP-283 proposing a high density multiple residential project on the subject property is not a permitted use under the existing R-1-10,000 zoning and, therefore, the tentative subdivision map and condominium permit must be and is hereby denied. d 1 2 3 4 5 6 7 8 9 10 11 12 t 1e 19 2c 21 2% 22 24 25 26 27 28 0 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." PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, held on the 5th day of February , 1985 by the following vote, to wit: AYES: Council *rs Casler, Lewis, Kulchin, Chick and Pettine NOES: None ABSENT: None I MARY H. PSLER, Mayor ATTEST: L ALETHA L. RAUTENKRANZ, City 3