HomeMy WebLinkAbout1997-08-05; City Council; Resolution 97-5610 0
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RESOLUTION NO. 97-561
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, DENYING APPELLANT’S
APPEAL AND UPHOLDING THE PLANNING
COMMISSION’S APPROVAL OF TENTATIVE TRACT MAP
NO. CT 96-03, PLANNED DEVELOPMENT PERMIT NO. PUD
96-03, HILLSIDE DEVELOPMENT PERMIT NO. HDP 96-03, AND SITE DEVELOPMENT PLAN NO. SDP 96-04 TO
SUBDIVIDE 8.52 ACRES INTO TWENTY SIX SINGLE
FAMILY LOTS, THREE LOTS TO PROVIDE LEGAL ACCESS
TO ADJACENT PROPERTIES AND FOUR OPEN SPACE
LOTS FOR A TOTAL OF 33 LOTS ON THE SITE (FOUR OF
THE SINGLE FAMILY UNITS ARE PROPOSED TO INCLUDE
SECOND DWELLING UNITS) ON PROPERTY GENERALLY
LOCATED ON THE NORTH SIDE OF CARLSBAD VILLAGE
DRIVE AT DONNA DRNE IN LOCAL FACILITIES
MANAGEMENT ZONE 1.
CASE NAME: PACIFIC VIEW ESTATES
CASE NO: CT 96-03PUD 96-03HDP 96-03BDP 96-04
WHEREAS, the Planning Commission did on May 21, 1997, June 4, 199’
June 18, 1997, hold a duly noticed public hearing as prescribed by law to consider
application for a Tentative Tract Map, Planned Development Permit, Hillside Develor
Pennit, and Site Development Plan; and
WHEREAS, on June 18, 1997, the Carlsbad Planning Commission did,
hearing and considering all evidence and testimony of all people desiring to be heard ad
Resolutions No. 4099,4100,4101,4102, and 4103 approving a Tentative Tract Map (CT 9(
Planned Development Permit (PUD 96-03), Hillside Development Permit (HDP 96-03), an1
Development Plan (SDP 96-04) to subdivide 8.52 acres into twenty six single family lots,
lots to provide legal access to adjacent properties and four open space lots for a total of 33 1(
the site (four of the single family units are proposed to include second dwelling units); and
WHEREAS, an appeal of this approval was timely filed on June 24, 1997; x
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WHEREAS, on the 5th day of August, 1997, the City Council of the Ci
Carlsbad, held a duly noticed public hearing as prescribed by law to consider said appeal c
Planning Commission decision; and,
WHEREAS, upon considering the request, the City Council considered all fs
relating to the Pacific View Estates appeal; and
WHEREAS, upon considering all the evidence, testimony, and arguments of
persons present and desiring to be heard, the City denies the appeal and upholds the P1a1
Commission’s decision.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council (
City of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the findings of the Planning Commission in Resolution Nos. 4099, 2
4101, 41 02, and 41 03, on file with the City Clerk, and incorporated herein by refel
constitute the findings of the City Council in this matter.
3. That the Planning Commission’s approval of CT 96-03, PUD 96-03, HDP 964
and SDP 96-04 is hereby confirmed, except that Condition No. 58 of Planning Commissi
Resolution No. 4100 is revised as set forth below, and the appeal of that decision is denj
based upon the facts set out in the Planning Department Staff Reports dated May 21, 191
June 4, 1997 and June 18, 1997, Planning Commission Addendums #1, #2 and #3, dated Ju
18, 1997, the evidence before the Planning Commission, the evidence as set forth in C
Council Agenda Bill No. 14,299, and the testimony before the City Council, all of which :
incorporated herein by reference.
4. That Condition No. 58 of Planning Commission Resolution No. 4100 is revised
read as follows: “Construct a traffic signal at Donna Drive and Carlsbad Village Drive pr
to occupancy of the first unit constructed in Phase I1 or 111. The City shall reimburse 1
~ developer for 75% of the cost of signal installation.
5. That the appeal is denied without prejudice since no procedural error occurred E
the through-street connection between Carlsbad Village Drive and Wintergreen Drive
consistent with the City’s General Plan Land Use and Circulation Elements, Engineen
Department Standards and Fire Department Standards.
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6. This action is final the date this resolution is adopted by the City Council. T
provision of Chapter 1.16 of the Carlsbad Municipal Code, “Time Limits for Judicial Revie1
shall apply: ...
“NOTICE TO APPLICANT”
“The time within which judicial review of this decision must be sought is governed
the Code of Civil Procedures, Section 1094.6, which has been made applicable in t
City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or otl
paper seeking judicial review must be filed in the appropriate court no later than t
ninetieth day following the date on which this decision becomes final; however,
within ten days after the decision becomes final a request for the record of t
proceedmgs accompanied by the required deposit in a amount sufficient to cover I
estimated cost of preparation of such record, the time within which such petition m
be filed in court is extended to not later than the thirtieth day following the date
which the record is either personally delivered or mailed to the party, or his attorney
record, if he has one. A written request for the preparation of the record of I
proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Villa
Drive, Carlsbad California 92008.”
PASSED, APPROVED AND ADOPTED at a regular meeting of the Car
City Council held on the 5th day of AUGUST 1997, by the follc
vote, to wit:
AYES: Council Members Lewis, Finnila, Nygaard, Kulchin, Hall
NOES: None
ABSENT: None
I ATTEST:
(SEAL)
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