HomeMy WebLinkAbout1994-06-14; City Council; Resolution 94-157*"
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RESOLUTION NO. 94-157
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, UPHOLDING A PLANNING COMMISSION DENIAL OF GENERAL PLAN AMENDMENT 93-
03, LOCAL COASTAL PROGRAM 93-03, AND ZONE CHANGE
93-03 FOR PROPERTY LOCATED ON THE SOUTH SIDE OF PALOMAR AIRPORT ROAD EAST OF ITS INTERSECTION WITH COLLEGE BOULEVARD/FUTURE ALGA ROAD. GPA 93-O3/LCPA 93-03/ZC 93-03 ENCINAS CREEK - MORGAN - (APPEAL)
WHEREAS, on April 20, 1994, the Carlsbad Plann
Commission adopted Planning Commission Resolution No. 36
approving a Negative Declaration; and adopted Planning Commiss
Resolution Nos. 3650, 3651, and 3652, denying General E
Amendment 93-03, Local Coastal Program Amendment 93-03, and 2
Change 93-03; and
WHEREAS, the City Council of the City of Carlsbad, c
June 14 , 1994 considered an appeal of the Planr
Commission decision to deny General Plan Amendment 93-03, LC
Coastal Program Amendment 93-03, and Zone Change 93-03.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Cour
of the City of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the Negative Declaration is approved and t
the findings of the Planning Commission in Resolution No. 3649,
file with the City Clerk and incorporated herein by reference,
the findings and conditions of the City Council.
3. That the General Plan Amendment 93-03, Local Coas
Program Amendment 93-03, and Zone Change 93-03 are denied and
findings of the Planning Commission contained in Resolution Ii
3650, 3651, and 3652, on file with the City Clerk and incorpora
herein by reference, are the findings of the City Council with
addition of the following finding:
0 a 1.
1 "The property will not be able to utilize Laurel T
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Lane is a private access which is temporary until Alga Road 3
Lane as a permanent access to Palomar Airport Road. Laurel !I
not be violated.11 8
intersection spacing requirements for prime arterial streets \ 7
Tree Lane will be closed when Alga Road is constructed so that 6
to properties within Local Facilities Management Zone 20. Lax 5
constructed to Palomar Airport Road. It provides temporary acc
9 4. This action is final the date this resolution
lo /I adopted by the City Council. The provision of Chapter 1.16 of
11 Carlsbad Municipal Code, #'Time Limits for Judicial Reviewn1 sk
12 apply:
13 I'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
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."
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PASSED, APPROVED AND ADOPTED at a regular meeting of the C
Council of the City of Carlsbad, California, on the 14th dal
JUNE , 1994, by the following vote, to wit:
AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Finnila
NOES: None
ABSENT : None
,
I 1 ATTEST:
Z, City Clerk
t City Clerk (SEAL)
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