HomeMy WebLinkAbout1990-11-20; City Council; Resolution 90-415e a
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RESOLUTION NO. 90-415
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA DENYING APPLICANT'S APPEAL AND UPHOLDING THE PLANNING COMMISSION'S APPROVAL OF A CONDITIONAL NEGATIVE DECLARATION FOR A SEAWALL AND 6 UNIT TENTATIVE MAP,
PLANNED UNIT DEVELOPMENT, HILLSIDE DEVELOPMENT PERMIT AND VARIANCES ON PROPERTY GENERALLY LOCATED ON THE SOUTHWEST CORNER OF THE
INTERSECTION OF OCEAN STREET AND GRAND AVENUE.
APPLICANT: ST. TROPEZ WEST
CASE NO. : CT 90-7/PUD 90-11/HDP 90-15/V 90-2
WHEREAS, a verified application for a tentative m
certain property to wit: '
Lot 1 of Block B of the Hays Land Company
Addition in the City of Carlsbad, County of
San Diego, State of California, according to
Map No. 1221 filed in the office of the County Recorder of San Diego County November 4, 1909.
has been filed with the City of Carlsbad and referred 1
Planning Commission; and
WHEREAS, the Planning Commission did on October 17
hold a duly noticed public hearing as prescribed by law to COI
said application for Tentative Map 90-7, Planned Unit Develc
90-11, Hillside Development Permit HDP 90-15 and Variance 90-
WHEREAS, the Planning Commission did on October 17
after hearing and considering all the evidence and testimony
people desiring to be heard adopted Resolutions No. 3126,
3128, 3129, 3130 approving the Conditional Negative Declar,
Tentative Subdivision Map CT 90-7, Planned Unit Development 1
PUD 90-11, Hillside Development Permit HDP 90-15 and Varianc
V 90-2: and
WHEREAS, a resident of the Sea Slope project 1(
immediately adjacent to the site appealed the decision c
Planning Commission to the City Council: and
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WHEREAS, on November 20, 1990 the City Council (
City of Carlsbad held a duly notice public hearing as prescri
law to consider said appeal and at said hearing after conside
of all the evidence, testimony, argument of those persons PI
and desiring to be heard the City Council denied the appez
approved the Conditional Negative Declaration, Tenl
Subdivision Map CT 90-7, Planned Unit Development Permit PUD !
Hillside Development Permit HDP 90-15 and Variance V 90-2,
NOW, THEREFORE, BE IT RESOLVED by the City Council
City of Carlsbad, California, as follows:
1. That the above recitations are true and correc
2. That the findings and conditions of P1;
Commission in Resolutions No. 3126, 3127, 3128, 3129,
approving the Conditional Negative Declaration, Tenl
Subdivision Map CT 90-7, Planned Unit Development Permit PUD 9
Hillside Development Permit HDP 90-15 and Variance
V 90-2 on file with the City Clerk constitute the finding
decision of the City Council.
3. That the Planning Commission's approva
Resolutions No. 3126, 3127, 3128, 3129, 3130 approvinc-
Conditional Negative Declaration, Tentative Subdivision Map C
7, Planned Unit Development Permit PUD 90-11, Hillside Develo
Permit HDP 90-15 and Variance V 90-2 is hereby confirmed an
appeal of that decision is denied based upon the facts set o
the Planning Department Staff Report dated October 17, 1990
evidence before the Planning Commission, the evidence as set
in City Council Agenda Bill No. 10,916, and the testimony b
the City Council all of which are incorporated herein by refer
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4. This action of denial is final the date
resolution is adopted by the City Council. The provisj
Chapter 1.16 of the Carlsbad Municipal Code, "Time Limit
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 become 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 Carlsbad Village Drive, Carlsbad, California 92008.'l
PASSED, APPROVED AND ADOPTED at a Regular Meeting (
City Council of the City of Carlsbad on the 20th day of NO.
1990, by the following vote, to wit:
AYES: Council Members Lewis, Larson and Mamaux
NOES: Council Member Pettine
ABSENT: Council M
ATTEST : La&%$, 4 &2U"
ALETHA L. RAUTENKRANZ, City' Clerk
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