HomeMy WebLinkAbout2003-12-16; City Council; Resolution 2003-3221
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RESOLUTION NO. 2003-322
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, DENYING AN APPEAL AND
UPHOLDING THE CITY ENGINEER’S APPROVAL OF MINOR
4132 GARFIELD STREET
SUBDIVISION 03-05 TO DIVIDE ONE LOT INTO TWO LOTS AT
CASE NO. MS 03-05
WHEREAS, after noticing property owners as prescribed by law and hearing and
:onsidering all evidence and testimony of all people desiring to be heard, the City Engineer did on
he 20th day of October 2003, approve a Minor Subdivision (MS 03-05) to subdivide a 0.22 acre lot
nto two lots at 41 32 Garfield Street; and
WHEREAS, appeal of this approval was timely filed on October 30, 2003; and
WHEREAS, on the 9th day of December, 2003, the City Council of the City of Carlsbad,
ield a duly noticed public hearing as prescribed by law to consider said appeal of the
Xy Engineer’s approval of said subdivision; and
WHEREAS, upon considering all the evidence, testimony, and arguments of those
)ersons present and desiring to be heard, the City Council resolves as follows:
1.
2.
That the above recitations are true and correct.
That the findings of the City Engineer in the Approval Letter for Minor Subdivision
13-05, dated October 30, 2003, on file with the City of Carlsbad, and incorporated herein by
eference, constitute the findings of the City Council in this matter.
3. That the City Engineer’s approval of MS 03-05 is hereby confirmed and the appeal
If that decision is hereby denied based upon the facts set out in the MS 03-05 Approval Letter,
lated October 20, 2003, the evidence before the City Engineer, the evidence as set forth in
Xy Council Agenda Bill No. 17 :404 , and the testimony before the City Council, all of
ih ich a re incorporated he rein by ref ere nce.
4. That the findings and conditions of the City Engineer contained in the
:ity Engineer’s MS 03-05 Preliminary Approval Letter dated October 6, 2003 as referenced in the
:ity Engineer‘s MS 03-05 Approval Letter dated October 20, 2003, on file with the City of
:arkbad and made a part hereof by reference, are the findings and conditions of the City Council.
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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:
“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 16th day of DECEMBER , 2003 by the following vote, to wit:
AYES: Council Members Lewis, Fin-, Kulchin, Packard
-- CLAUDE A. LEWIWbfW rc/ V I
ATTEST
LORRAIbfE M. WOOD, City Clerk
Page 2 of 2 of Resolution No. 2003-322
(SEAL)