HomeMy WebLinkAbout1993-05-11; City Council; Resolution 93-84- - I1 0 0 I
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RESOLUTION NO. 93-84
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA DENYING A REQUEST FOR
A ONE YEAR EXTENSION OF THE CARLSBAD TRACT 83-
12, BUENA VISTA PARK PLAZA
WHEREAS, the City Council of the City of Carlsbad (
4th day of November, 1986 adopted Resolution No. 8871 extendil
tentative map of Carlsbad Tract 83-12; and
WHEREAS, the tentative map of Carlsbad Tract 83-12
have expired on December 4, 1992, and the applicant has req
a one year time extension period which cannot be approved 1
the tentative map can be brought into conformity with the Gc
Plan, current ordinances, and current standards; and
WHEREAS, the tentative map of Carlsbad Tract 83-12
inconsistent with Title 21, Section 21.53.23, and Chapters
and 21.95 of the Carlsbad Municipal Code of the Cit of Ca
because the City Council has found that the map does not
with the Growth Management Plan and the Hillside Devel
i Regulations; and
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WHEREAS , the project cannot be found to be in confo
with the General Plan, current ordinances, and current sta
with the imposition of additional conditions.
NOW, THEREFORE, the City Council of the City of Car
California, finds as follows:
1. That the above recitations are true and corre
2. That the tentative map of Carlsbad Tract 83-12
consistent with the General Plan and current ordinances, incl
but not limited to, the Growth Management Ordinance set fc
Carlsbad Municipal Code Chapter 21.90, the Hillside Devel
Regulations set forth in Carlsbad Municipal Code Chapter 21.!
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the "Constraints Mapt1 introduced as part of the hearing incl
the restrictions on development within wetlands, riparian lanc
on lands over 40% in slope. Many of the lots are undevelc
under these standards and the project would require cox
redesign such that no reasonable conditions can be placed u]
to make it consistent with present day development standards
forth above.
3. As proposed, the subdivision would likely
substantial environmental damage since some of the lot,
proposed within wetlands, riparian lands or on slopes excc
40%.
4. Therefore, based on the above findings, the
Council of the City of Carlsbad hereby denies an extensi
tentative map for Carlsbad Tract 83-12.
5. This action is final the date this resoluti
adopted by the City Council. The provision of Chapter 1.16 '
Carlsbad Municipal Code, "Time Limits for Judicial Review"
apply:
"NOTICE TO APPLICANT"
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"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
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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.'8
5 PASSED, APPROVED AND ADOPTED at a Regular Meeting (
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City Council of the City of Carlsbad on the 11th day of 2
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AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, F 8
1993, by the following vote, to wit:
NOES: None
10 ABSENT : None
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ATTEST:
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Lo (SEAL)
604< OC'Fg
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ALETHA L. RAUTENKRANZ, City [Clerk a01
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