HomeMy WebLinkAbout1999-11-16; City Council; Resolution 99-327I1 e 0
\I RESOLUTION NO. 99-327
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, DENYING THE APPELLANTS APPEAL
AND UPHOLDING THE CITY ENGINEERS DECISION TO ISSUE A
GRADING PERMIT FOR 3160 FALCON DRIVE, PD 487.
WHEREAS, the Acting City Engineer approved the grading plans and issued a grac
permit to Mr. Norman Walsh on June 18, 1999 for distribution of spoils from a swimming p
excavation at 3160 Falcon Drive; and
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WHEREAS, neighbors Deering and Bowling timely appealed issuance of this grac
permit, and the matter was set for hearing on September 14, 1999 and the appellants gil
notice thereof, by the City Clerk, pursuant to Carlsbad Municipal Code section 15.16.160; and
11 WHEREAS, on the 16th day of November, 1999, the City Council of the City of Carlsl
12 held a duly noticed hearing as prescribed by law to consider said appeal of the City Engine(
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WHEREAS, upon considering all the evidence, testimony and arguments of thc
9 V I qi 0 2 15 persons present and desiring to be heard, the City Council resolves as follows:
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2. That the Acting City Engineer found the grading permit for 3160 Falcon Drive to cy% 17
E22 I. That the above recitations are true and correct.
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in compliance with City requirements in that, a) no slopes are steeper than two horizontal feet
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one vertical foot, b) the grading is exempt from the Hillside Ordinance, c) toes of slopes are :
back from property lines, and d) drainage of the property remains substantially the same as I
21 //preexisting condition, and these constitute the findings of the City Council in this manner.
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3. That the City Engineer's issuance of a grading permit is hereby confirmed and 1
appeal is denied on the condition that Mr. Walsh apply for and obtain an administrative variar
to increase the height of his fence such that it meets the minimum requirements on both sides 1
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26 I1 fences under the City's swimming pool code and that he comply with the terms and conditions
27 I/ that administrative variance.
28 4. Since significant relief has been granted as a result of this appeal, appellan
appeals fees be refunded pursuant to Policy No. 54.
/I 0 0 I/ 5. This action is final the date this resolution is adopted by City Council. '
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I provisions of Chapter 1 .I6 of the Carlsbad Municipal Code, "Time Limits For Judicial Revi
hall apply:
"NOTICE TO APPLICANT''
"The time within which judicial review of this decision must be sought is
governed by the Code of Civil Procedures, 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 no 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 of the Carlsbad City COUI
held on the 16thday of November , 1999 by the following vote, to wit:
AYES: Lewis, Hall, Finnila, Nygaard, Kulchin
NOES: None.
ABSENT: None.
ATTEST:
KAREN R. KUNDTZ, bdsistant City Clerk
(SEAL)
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