HomeMy WebLinkAbout1996-09-10; City Council; Resolution 96-292*
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RESOLUTION NO. 96-292
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DENYING THE APPLICANT'S APPEAL AND UPHOLDING A PLANNING COMMISSION APPROVAL OF
INFORMATION CENTER ON PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF ALGA ROAD BETWEEN BLACK RAIL
COURT AND CORMORANT DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 19. CASE NAME: AVIARA INFORMATION CENTER
WHEREAS, a verified application for an extension of a Conditional I
AN EXTENSION OF CUP 90-07x1 FOR THE AVIARA
CASE NO: CUP 90-07x1
Permit CUP 90-07x1 for certain property to wit:
Portion of Sections 22, 26, 27, 28, 33 and 34 in Township 12 South, Range 4 West, in the City of Carlsbad, County of San Diego
has been filed with the City of Carlsbad and referred to the Planning Commission; and
WHEREAS, on June 19, 1996, the Carlsbad Planning Commission he1
duly noticed public hearing as prescribed by law, to consider said application for
extension of Conditional Use Permit CUP 90-07x1; and
WHEREAS, the Planning Commission did on June 19, 1996, after hear
and considering all the evidence and testimony of all people desiring to be heard, adop
Resolution No. 3949, approving an extension of Conditional Use Permit (CUP 90-07)
and
WHEREAS, an appeal of this approval was timely filed on June 21, 19
and
WHEREAS, the City Council of the City of Carlsbad, on August 13, 1996
held a duly noticed public hearing as prescribed by law to consider said appeal and
said hearing after consideration of all the evidence, testimony, and argument of thc
persons present and desiring to be heard, directed the City Attorney to prepl
documents which would deny the appeal and uphold the Planning Commission's decis
to approve an extension of Conditional Use Permit CUP 90-07x1 ,
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Counci
the City of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the findings and conditions of the Planning Commisison
Resolution No. 3949, on file with the City Clerk and made a part hereof, constitute
findings and decision of the City Council.
3. That the Planning Commission's approval of CUP 90-07x1 is here
confirmed and the appeal of that decision is denied based upon the facts set out in
Planning Department Staff Report dated June 19, 1996, the evidence before the Plann
Commission, the evidence as set forth in City Council Agenda Bill No. 13,762, and
testimony before the City Council, all of which are incorporated herein by reference.
4. That the City Council added a condition to the project to read as follow
"The property owner shall make an offer of dedication for the fut extension of Black Rail Court from Aviara Parkway to the north boundary of the project site to the satisfaction of the City Engineer. S' offer shall be made within 30 days of the Council decision on the appl
of the CUP 90-07x1 or the approval of the extension shall become r and void. Said offer of dedication shall be rejected by the City until si
time as the City Council determines that the road easement is neec for the benefit of the travelling public."
5. This action is final the date this resolution is adopted by the City Coun
The provision of Chapter 1 .I6 of the Carlsbad Municipal Code, "Time Limits for Judic
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 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
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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 of the (
Council of the City of Carlsbad, California, on the 10th day of September , 19
by the following vote, to wit:
AYES: Council Members Lewis, Nygaard, Kulchin, and Hall
NOES: None
ABSENT: Council Member Finni
ATTEST:
AL!&t?-dEN
(SEAL)
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