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HomeMy WebLinkAbout2009-03-10; City Council; Resolution 2009-048EXHIBIT 1 1 RESOLUTION NO. 2009-048 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DENYING THE APPEAL AND 3 UPHOLDING THE PLANNING COMMISSION'S DECISION TO DENY THE APPEAL TO PLANNING COMMISSION AND 4 UPHOLD THE PLANNING DIRECTOR'S DECISION TO APPROVE A MINOR COASTAL DEVELOPMENT PERMIT TO 5 ALLOW FOR THE SUBDIVISION OF A .42 ACRE SINGLE- FAMILY RESIDENTIAL LOT ZONED R-1-7.500-Q, INTO TWO 6 MINIMUM 8,343 SQUARE FOOT SINGLE-FAMILY RESIDENTIAL LOTS, INCLUDING ONE PANHANDLE LOT, 7 GENERALLY LOCATED ON THE SOUTH SIDE OF TRITON STREET, WEST OF BLACK RAIL ROAD AND SOUTH OF 8 POINSETTIA LANE WITHIN THE MELLO II SEGMENT OF THE CITY'S LOCAL COASTAL PROGRAM AND WITHIN LOCAL 9 FACILITIES MANAGEMENT ZONE 20. 10 CASE NO.: CDP 08-06 CASE NAME: RHOADES MINOR SUBDIVISION 11 follows: The City Council of the City of Carlsbad, California, does hereby resolve as 12 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning 14 Director did, on October 15, 2008, approve with conditions, a Minor Coastal Development Permit for the subdivision of one parcel into two residential lots (CDP 08-06); and WHEREAS, a timely appeal of the Planning Director's decision approving CDP 08-06 was filed by Mr. William and Mrs. Candice Lynn, Mr. Lawrence Lin and Mrs. Sha-Li Lin, 18 and Mr. Rick Conner and Mrs. Kristin Conner pursuant to the provisions of the Municipal Code; 19 and 20 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning 21 Commission did, on January 7, 2009, hold a duly noticed public hearing as prescribed by law to 22 consider an appeal of the Planning Director's decision to approve a Minor Coastal Development 23 Permit (CDP 08-06); and 24 WHEREAS, after holding a public hearing as required by law and upon hearing 25 and considering all of the testimony and arguments of all persons desiring to be heard, the 26 Planning Commission approved Resolution No. 6519 to deny the appeal to Planning 27" 28 M 1 Commission and uphold the Planning Director's decision to approve Minor Coastal 2 Development Permit No. CDP 08-06; and 3 WHEREAS, a condition was added to Planning Commission Resolution No. 6519 4 (Condition No. 2) to notify future property owner(s) of the project site that this property may be 5 subject to nuisance impacts from the horses located on the surrounding agricultural properties; 6 and 7 WHEREAS, a timely appeal of the Planning Commission's decision was filed with 8 the City Clerk by Mr. William Lynn and Mrs. Candice Lynn; Mr. Rick Conner and Mrs. Kristen 9 Conner; Mr. Michael Franchek, and Mrs. Sha-Li Lin; and 10 WHEREAS, on 3/10/2009 the City Council of the City of Carlsbad, considered 11 said appeal; and 12 WHEREAS, upon considering the appeal, the City Council considered all factors l^ relating to the appeal. H NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City 15 of Carlsbad, California, as follows: 16 1. That the above recitations are true and correct. i 7' 2. That said appeal is denied. 1 R0 3. That the findings of the Planning Commission in Resolution No. 6519 on file with the City Clerk and incorporated herein by reference constitute the findings of the City Council in this matter. 20 4. That the private view easement recorded on September 18, 2007 and incorporated herein by this reference is a private agreement made between the owners of the project site and the adjacent property owners located directly east of the project site commonly ~~ known as 6575 Black Rail Road and no known injunction related to this private easement has been filed. 23 /// 24 //; 25 /// 26 /// 27 /// 28 -2- 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 AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the IQtbdav of March 2009, by the following vote, to wit: AYES: Council Members Lewis, Kulcbin, Hall, Packard & Blackburn. NOES: None. ABSENT: None. £ !(EvViS, Mayor ATTEST: LORRAINE M/WOOD, CiMCIerk SEAL) -3-