HomeMy WebLinkAbout1997-10-07; City Council; Resolution 97-621‘ 0 0
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RESOLUTION NO 97-621 ~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, DENYING THE APPELLANT’S
APPEAL AND UPHOLDING THE PLANNING
COMMISSION’S APPROVAL OF A SITE DEVELOPMENT
PLAN (SDP 97-01) AND COASTAL DEVELOPMENT PERMIT
(CDP 97-14) TO CONSTRUCT 61 SINGLE FAMILY HOMES
WITHIN AVIARA PLANNING AREA 28 ON PROPERTY
GENERALLY LOCATED ON THE SOUTH SIDE OF
BATIQUITOS DRIVE AND MELODIA TERRACE IN LOCAL
FACILITIES MANAGEMENT ZONE 19.
CASE NO: SDP 97-01/CDP 97-14
WHEREAS, the Planning Commission did on August 6, 1997, hold a
noticed public hearing as prescribed by law to consider said application for a Site DeveloI
Plan and Coastal Development Permit; and
CASE NAME: BELLA LAG0 - AVIARA PA 28
WHEREAS, on August 6, 1997, the Carlsbad Planning Commission did,
hearing and considering all evidence and testimony of all people desiring to be heard,
Resolutions No. 4146 and 4147, approving a Site Development Plan (SDP 97-01) and C
Development Permit (CDP 97- 14) to construct 6 1 single family homes on existing lots; and
WHEREAS, an appeal of this approval was timely filed on August 15, 1997
WHEREAS, on the 7th day of October , 1951
City Council of the City of Carlsbad, held a duly noticed public hearing as prescribed by
consider said appeal of the Planning Commission decision; and,
WHEREAS, upon considering the request, the City Council considered all
relating to the appeal; and
WHEREAS, upon considering all the evidence, testimony, and arguments c
persons present and desiring to be heard, the City denies the appeal and upholds the P
Commission’s decision.
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1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council
2 City of Carlsbad, California, as follows:
3 II 1. That the above recitations are true and correct.
4 2. That the findings of the Planning Commission in Resolution Nos. 4146 and
5 on file with the City Clerk, and incorporated herein by reference, constitute the findings
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7 3. That the Planning Commission’s approval of SDP 97-01 and CDP 97-1,
hereby confirmed and the appeal of that decision is denied based upon the facts set out in
8 Planning Department Staff Reports dated August 6, 1997, the evidence before the Plm
Commission, the evidence as set forth in City Council Agenda Bill No. 14,371 ,
9 the testimony before the City Council, all of which are incorporated herein by reference.
City Council in this matter.
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4. That the appeal is denied without prejudice since no procedural error occu
and the proposed project is consistent with all applicable codes, policies and regulatii
including, but not limited to the building height and building setbacks
5. This action is final the date this resolution is adopted by the City Council.
provision of Chapter 1.16 of the Carlsbad Municipal Code, “Time Limits for Judicial Revi
shall apply:
“NOTICE TO APPLICANT”
“The time within which judicial review of this decision must be sought is governec
the Code of Civil Procedures, Section 1094.6, which has been made applicable in
City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or o
paper seeking judicial review must be filed in the appropriate court no later than
ninetieth day following the date on which this decision becomes final; howeve
within ten days after the decision becomes final a request for the record of
proceedings accompanied by the required deposit in a amount sufficient to cover
estimated cost of preparation of such record, the time within which such petition :
be filed in court is extended to not later than the thirtieth day following the datc
which the record is either personally delivered or mailed to the party, or his attorne
record, if he has one. A written request for the preparation of the record of
proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Vi1
Drive, Carlsbad California 92008.”
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Ca
City Council held on the 7 th day of October 1997, by the follc
vote, to wit:
AYES: Council Members Lewis, Finnila, Nygaard, Kulchin, and
NOES: None
ABSENT: None
ABSTAIN : None
ATTEST:
(J Q-
r\ . ALETHA L. RAUTENKRANZ, City Clerk]
(SEAL)
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