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HomeMy WebLinkAbout1990-12-18; City Council; Resolution 90-454w 0 . ,. 1 2 3 4 5 6 7 8 9 10 11 ZW% yzz U,U& 7oW 0: ouam ooaa OF-, Z>jZ '95;g gm5 $20- ZOSS "kg? t2'9 60 U 'ai 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I RESOLUTION NO. 90-454 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 MAJOR SITE DEVELOPMENT PLAN AMENDMENT NO. SDP 80-3(A) TO ALLOW FOR THE EXPANSION OF THE DANIELS CABLEVISION USE ON PROPERTY GENERALLY LOCATED NORTH OF FARADAY AVENUE AND EAST OF EL CAMINO REAL. APPLICANT: DANIELS CABLEVISION CASE NO. : SDP 80-3 (A) WHEREAS, a verified application for a tentative m certain property to wit: A portion of Lot lrBal of Rancho Agua Hedionda according to Map No. 823 recorded in the County of San Diego, California on November 16, 1896. has been filed with the City of Carlsbad and referred 1 Planning Commission: and WHEREAS, the Planning Commission did on Septembc 1990 held a duly noticed public hearings as prescribed by consider said application for Site Development Plan Amendme 80-3(A) and Special Use Permit 90-2; and WHEREAS, the Planning Commission did on Septembc 1990 after hearing and considering all the evidence and tes of all people desiring to be heard adopted Resolution No approving the Site Development Plan Amendment SDP 80-3(A); WHEREAS, the applicant appealed condition numbers 59 of Planning Commission Resolution No. 3097 to the City Co and WHEREAS, on December 11, 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 -g and desiring to be heard the City Council approved thc w e 1 2 3 4 5 6 7 8 9 10 11 12 Om i%Wa a>: $E& gang o;$% noaa Z>jZ 0k-K m5'0 u s a1 0% +>ma wao $21 U~ri Pegs qpy cy% Go 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Development Plan Amendment SDP 80-3 (A) and directed the Attorney to prepare documents which would deny the appez uphold the Planning Commission's decision, NOW, THEREFORE, BE IT RESOLVED by the City Council City of Carlsbad, California, as follows: 1. That the above recitations are true and correl 2. That the findings and conditions of P1, Commission in Resolution No. 3097, attached as Exhibit A an1 a part hereof, constitute the findings and decision of thl Council. 3. That the Planning Commission's approval of Development Plan Amendment SDP 80-3(A) is hereby confirmed a appeal of that decision is denied based upon the facts set the Planning Department Staff Report dated September 19, 199 evidence before the Planning Commission, the evidence as set in City Council Agenda Bill No. 10,896, and the testimony the City Council all of which are incorporated herein by refe 4. This action of denial is final- the date resolution is adopted by the City Council. The provis: Chapter 1.16 of the Carlsbad Municipal Code, O'Time Limil Judicial Review" shall apply: "NOTICE TO APPLICANT" The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking judicial review must be filed in the appropriate court not later than the ninetieth day following the date on which this decision become final; however, if within ten days after the decision becomes final a request for 2 I I. w 0 1 2 3 4 5 6 7 8 9 10 11 0 ;$E 79: g am ~CEg OUd 0044 Z>jZ O+ga >a14 ma,: 5wmv ~Oclrri ZO$$ skgy p!$ Go LL s 4-r 21 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 City Council of the City of Carlsbad on the 18th day of De 1990, by the following vote, to wit: AYES: Council Members Lewis, Larson, Stanton and Nygaard NOES: None ABSENT: Council Me ATTEST : Ra- ALETHA L. MUTENKRANZ, City Cherk 3