HomeMy WebLinkAbout1997-04-08; City Council; Resolution 97-439r - -. 0 0
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I RESOLUTION NO. 97-439
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA GRANTING APPELLANT’S
APPEAL ON THE LIMITED CIRCULATION ISSUE AND
OTHERWISE UPHOLDING THE PLANNING
COMMISSION’S APPROVAL OF CONDITIONAL USE
APPLICANT: BRIGHTON GARDENS
CASE NO. CONDITIONAL USE PERMIT 96-1 9
WHEREAS, a verified application for a conditional use permit for a
PERMIT 96-1 9 AS REVISED.
property to wit:
Parcels 2 and 4 of Parcel Map No. 13206, in the City of Carlsbad, Cour
San Diego, State of California, filed in the Office of the County Recorc
San Diego County, March 14, 1984 as File/Page No. 84-092419 of 0
Records; and
Parcel 3 of Parcel Map No. 13206, filed in the Office of the Cc
Recorder of San Diego County, California, together with a portion of lo
Section 32, Township 1 I South, Range 4 West, San Bernardino Meri
according to the Official Plat thereof, all being in the City of Carls
County of San Diego, State of California.
has been filed with the City of Carlsbad and referred to the Planning Commission; anc
WHEREAS, the Planning Commission did on February 5, 1997 hold a
noticed public hearing as prescribed by law to consider said application for Condit
Use Permit 96-16; and
WHEREAS, the Planning Commission did on February 5, 1997,
hearing and considering all the evidence and testimony of all people desiring to be t
adopted Resolution No. 4034 approving Conditional Use Permit 96-16; and
WHEREAS, the appellant appealed the decision of the Plan
Commission by letter dated February IO, 1997; and
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WHEREAS, on March 25, 1997 the City Council of the City of Carlsbad
continued this appeal until its meeting of April 1 , 1997; and
WHEREAS, on April 1 , 1997, the City Council of the City of Carlsbad held a
duly noticed public hearing as prescribed by law to consider said appeal and at which
time the Council considered all arguments and evidence concerning the appeal; and
WHEREAS, at said public hearing after consideration of all the evidence,
~ testimony, arguments of those persons present and desiring to be heard, the City Council
granted the appeal of appellant on the limited issue of circulation and.otherwise approved
the project as modified,
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Carlsbad, California, as follows:
1. That the foregoing recitations are true and correct.
2. That the appeal of appellant on the limited issue of circulation is granted.
The Council finds that the evidence adduced at the hearing shows that there are safety
and circulation issues requiring a re-design of the through-roadway. Therefore, the City
Council will approve in concept a revised Circulation Plan for the aisle roadway between
Carlsbad Village Drive and Hosp Way which plan is to be presented to the City Council
for its approval at the Council’s meeting of April 8, 1997,as shown on Exhibit “A, and if
that plan is approved in concept, detailed plans shall be approved by the City Engineer
prior to the issuance of building permits or certificates of occupancy, as appropriate.
3. That Condition Nos 26, 27 and 28(b) of Planning Commission
Resolution No. 4034 is deleted which had required the removal and replacement of the
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meandering sidewalk with standard sidewalk improvements on El Camino Real an(
with those exceptions, the findings and conditions of Planning Commission Reso
No. 4034 on file with the City Clerk and made a part hereof, constitute the finding:
decision of the City Council.
4. That appellant's appeal fees are refunded.
5. This action is final upon the date this resolution is adopted by thc
Council. The provision of Chapter 1 .I 6 of the Carlsbad Municipal Code, "Time Lim
Judicial 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
may be filed in court is extended to not later than the thirtieth
day following the date on which the record is either personally
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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 on the 8th day of April 1997, b)
following vote, to wit:
AYES: Council Members Lewis, Finnila, Nygaard, Kulchin, Hal
NOES: None
ABSENT: None -
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ATTEST:
6L.biGLg. PA.
ALETHA L. R&JTcNKRANZ, City Clbrk
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