HomeMy WebLinkAbout2004-03-16; City Council; Resolution 2004-085RESOLUTION NO. 2004- 085
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA DENYING APPLICANT’S APPEAL ND
UPHOLDING THE PLANNING COMMISSION’S APPROVAL TO
SUBDIVIDE 2.55 ACRES INTO SEVEN STANDARD SINGLE
FAMILY LOTS ON PROPERTY GENERALLY LOCATED AT THE
NORTHEAST CORNER OF CARLSBAD VILLAGE DRIVE AND
HIGHLAND DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE I
APPLICANT: HIGHLAND DRIVE SUBDIVISION
SF NO.: CT 03-04/SDP 03-08
WHEREAS, a verified application for a tentative map for certain property to
wit:
That portion of Tract 121 of Carlsbad Highlands, in the City of
Carlsbad, County of San Diego, State of California, according
to Map thereof No. 1661, filed in the Office of the County
Recorder of San Diego County, March 1 , 191 5
has been filed with the City of Carlsbad; and
WHEREAS, the Planning Commission did on December 17, 2003 hold a
duly noticed public hearing as prescribed by law to consider said application for Carlsbad
Tract 03-04 and Site Development Plan 03-08; and
WHEREAS, the Planning Commission did on December 17, 2003 after
hearing and considering all the evidence and testimony of all people desiring to be heard
adopted Resolution No. 551 9 approving the Negative Declaration, Resolution No. 5520
approving CT 03-04, and Resolution No. 5521 approving SDP 03-08; and
WHEREAS, on December 24, 2003 the applicant appealed the decision of
the Planning Commission to the City Council; and
WHEREAS, on March 2, 2004 the City Council of the City of Carlsbad held
a duly notice public hearing as prescribed by law to consider said appeal and at said
hearing after consideration of all the evidence, testimony, argument of those persons
present and desiring to be heard the City Council approved the negative declaration and
directed the City Attorney to prepare documents which would deny the appeal and uphold
the Planning Commission's decision,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the findings and conditions of Planning Commission in Resolutions
No. 551 9, 5520 and 5521, on file with the City Clerk, constitute the findings and decision
of the City Council.
I
3. That the Planning Commission's approval of CT 03-04 and SDP 03-08
is hereby confirmed and the appeal of that decision is denied based upon the facts set
out in the Planning Department Staff Report dated December 17, 2003, the evidence
before the Planning Commission, the evidence as set forth in City Council Agenda Bill No.
17,530, and the testimony before the City Council all of which are incorporated herein by
reference.
4. That the project meets all City standards and that to change the rules
and/or standards at this time would be unfair.
5. That the drainage had been professionally engineered and meets all
City standards.
6. That the appellant did not meet the burden of proof necessary under
Carlsbad Municipal Code §21.50.100 for the Council to determine that the Planning
Commission's approval was in error.
7. This action is final the date this resolution is adopted by the City Council.
The provision of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial
2
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 judicial review must be filed in
the appropriate court not later than the ninetieth day following
the date on which this decision become 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, A 200 Carlsbad Village Drive, Carlsbad, California
92008."
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City
Council of the City of Carlsbad on the 16th day of March 2004, by the following
vote, to wit:
AYES: Council Members Lewis, Finnila, Kulchin, Hall and Packard
ABSENT: None
ATTEST:
'J (SEAL)
Page 3 of Resolution No. 2004-085