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HomeMy WebLinkAbout1996-04-23; City Council; Resolution 96-141- \ 1 2 3 4 5 6 7 8 9 10 11 12 0 22 vl>- i;Z& 13 qn8 14 0lug SOaj5 >.JZ 15 ot5g 5L$a 2::: 16 ie$ YL, 9 0oLL 'Qi oa UOJ 0 Cy: l7 18 19 20 21 22 23 24 25 26 27 28 0 0 RESOLUTION NO. 96-141 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA DENYING APPLICANT'S APPEAL AND UPHOLDING THE PLANNING COMMISSION'S DENIAL OF TOYOTA CARLSBAD EXPANSION SP19 (H) ON PROPERTY GENERALLY LOCATED SOUTH OF CANNON ROAD AND EAST OF PASEO DEL NORTE IN THE COASTAL ZONE IN THE NORTHWEST QUADRANT OF THE CITY. APPLICANT : TOYOTA CARLSBAD CASE NO. : SP 19(H) WHEREAS, a verified application for a tentative m certain property to wit: Lot 1 of Carlsbad Tract 87-03 according to Map No 42 as recorded in the county of San Diego, St; California on October 28, 1988. has been filed with the City of Carlsbad and referred t Planning Commission; and WHEREAS, the Planning Commission did on January 17 hold a duly noticedpublic hearing as prescribed by law to co said application for Specific Plan Amendment SP19(H); and WHEREAS, the Planning Commission did on Januar 1996, after hearing and considering all the evidence and tes of all people desiring to be heard adopted Resolution N denying Specific Plan Amendment SP19(H); and WHEREAS, and appeal of this approval was timely fi January 25, 1996; and WHEREAS, on April 9, 1996 the City Council of th of Carlsbad held a duly noticed public hearing as prescribed to consider said appeal and at said hearing after considerat all the evidence, testimony, and argument of those persons g and desiring to be heard the City Council directed thc Attorney to prepare documents which would deny the appei uphold the Planning Commission's decision, 1 2 3 4 5 6 7 8 9 10 11 12 om m> i+zm 13 <a8 ow2 AUU 14 OOU 15 g$ti!z- 16 cz% 17 GO 18 19 20 21 22 SW? s:2$ k''8 9 8<i 5L%< k5 <a1 23 24 25 26 27 28 0 e NOW, THEREFORE, BE IT RESOLVED by the City Counl the City of Carlsba.d, California, as follows: 1. That the foregoing recitations are true and cox 2. That the findings and conditions of PI Commission in Resolution No. 3889 on file with the City Cle made a part hereof, constitute the findings and decision City Council. 3. That the Planning Commission's denial of SP-1s hereby confirmed and the appeal of that decision is denied upon the facts set out in the Planning Department Staff dated January 17, 1996, the evidence before the PI Commission, the evidence as set forth in City Council Agend No. 13,574, and the testimony before the City Council all of are incorporated herein by reference. 4. That the appeal is denied without prejudice a staff and applicant are encouraged to work together on th development plan to allow more flexibility in landsc screening and other requirements so that a number of vehicl reasonably visible from Cannon Road. 5. 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 Review" 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 2 I 1 2 3 4 5 6 7 8 9 10 11 12 w=-- &z& 13 3"s 5k$g 14 dt5K gong 15 <;si 'uw8 8H:n- 16 004 0 zwg 3::s Lis! ps j7 0 18 19 20 e e 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. '' PASSED, APPROVED AND ADOPTED at a Regular Meeting City Council of the City of Carlsbad on the 1996, by the following vote, to wit: 23rd day of - A AYES: NOES: Council Member Hall ABSENT: None Council Members Lewis, Nygaard, Kulchin, Finnila ATTEST: 21 22 23 24 25 26 27 28 Clerk 3