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HomeMy WebLinkAbout2003-12-09; City Council; Resolution 2003-3231 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 ia 15 2c 21 22 23 24 2: 2t 2; 2f RESOLUTION NO. 2003-323 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DENYING AN APPEAL AND UPHOLDING THE PLANNING COMMISSION’S DECISION TO APPROVE A COASTAL DEVELOPMENT PERMIT AND SITE DEVELOPMENT PLAN TO DEMOLISH AN EXISTING SINGLE- FAMILY DWELLING AND TO CONSTRUCT A TWO-STORY, TWO-FAMILY HOME AT 4132 GARFIELD STREET JUST SOUTH OF OLIVE AVE IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: GARFIELD POINT CASE NO: CDP 03-20/SDP 03-06 WHEREAS, on November 5, 2003, the Carlsbad Planning Commission approved a Coastal Development Permit and Site Development Plan to demolish an existing single-family dwelling, and construct a two-story, two-family development at 4132 Garfield Street; and WHEREAS, the appellant on November 17, 2003 timely filed an appeal with the City Clerk; and WHEREAS, on December 9, 2003, the City Council of the City of Carlsbad, considered said appeal; and WHEREAS, upon considering the appeal, the City Council considered all factors relating to the appeal. NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That said appeal is denied. 3. That the findings and conditions of the Planning Commission in Resolutions No. 5482 and 5483 on file with the City Clerk and incorporated herein by reference constitute the findings and conditions of the City Council in this matter, except as amended by recital No. 4. 4. That the applicant is required to submit a detailed landscape plan with the objective of softening the appearance and mass of the building, to the satisfaction of the Planning Director. Developer shall construct and install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. 5. This action is final the date this resolution is adopted by the City Council. The Provisions of Chapter 1.16 of the Carlsbad Municipal Code, “Time Limits for Judicial Review” shall apply: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 “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 review must be filed in the appropriate court not later than the nineteenth 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 deposit in an amount sufficient to cover the estimated cost or 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, CA 92008.” PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 9th day of December 2003, by the following vote, to wit: AYES: Council Members Lewis, Finnila, Kulchin and Packard NOES: None ABSENT: Council Member Hall ABSTAIN : NO61 -2-