HomeMy WebLinkAbout1993-01-12; City Council; Resolution 93-7* e 0
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RESOLUTION NO. 93-7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA DENYING APPLICANTIS
APPEAL FOR EXCLUSION FROM SEISMIC RETROFIT
REPAIRS REQUIRED BY CHAPTER 18.07 OF THE CARLSBAD MUNICIPAL CODE ENTITLED UNREINFORCED MASONRY CONSTRUCTION. APPLICANT : CARLSBAD THEATRE
WHEREAS, on September 30, 1992 the City received a
of appeal from applicant's representative for exclusior
seismic retrofit repairs required by Chapter 18.07 of the Ca
Municipal Code entitled Unreinforced Masonry Construction;
WHEREAS, on January 5, 1993 the City Council of tt
of Carlsbad held a duly noticed public hearing as prescribed
to consider said appeal and at said hearing after considerat
all the evidence, testimony, argument of those persons presc
desiring to be heard the City Council denied the appeal,
NOW, THEREFORE, BE IT RESOLVED by the City Council
City of Carlsbad, California, as follows:
1. That the above recitations are true and corrc
2. The City Council finds that the intent of both
(Gov't Code §8875 et. seq.) and Carlsbad Municipal Code (
18.07 is to include unreinforced masonry buildings (URM's) :
appellant's building within its scope and purview. One
primary intents of both laws is to protect persons and PI
from injury during a seismic event. Appellant Is property
occupied by up to 600 persons and the building should me
standards of Chapter 18.07. The standards, tests and desic
sufficiently specific to allow a person to comply with (
18.07. Appellant's property was not singled out for I
treatment and is in the general classification of potel
hazardous buildings identified by the City for mitigation.
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3. This action is final the date this resolut
adopted by the City Council. The provision of Chapter 1.16
Carlsbad Municipal Code, "Time Limits for Judicial Reviewtg
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 920O8.lt
PASSED, APPROVED AND ADOPTED at a Regular Meeting
City Council of the City of Carlsbad on the 12th day of Jz
1993, by the following vote, to wit:
AYES: Council Members Lewis, Stanton, Kulchin, Nygaard ar
NOES: None
ABSENT : None
ATTEST : L 2. L ALETHA L. RAUTENKRANZ, City Cle'jjk
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