HomeMy WebLinkAbout2021-11-16; City Council; Resolution 2021-257RESOLUTION NO. 2021-257
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, DENYING THE APPEAL AND UPHOLDING THE DECISION OF
THE PLANNING COMMISSION TO APPROVE A COASTAL DEVELOPMENT
PERMIT AND TENTATIVE PARCEL MAP TO SUBDIVIDE A 0.97-ACRE
VACANT LOT INTO FOUR PARCELS TO CONSTRUCT A TWO-STORY, 3,182-
SQUARE-FOOT SINGLE-FAMILY RESIDENCE ON EACH PARCEL LOCATED AT
3745 ADAMS STREET, WITHIN THE MELLO II SEGMENT OF THE LOCAL
COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 1
CASE NAME: ADAMS STREET HOMES
CASE NO.: CDP 2020-0043/MS 2020-0004·(DEV2020-0126)
EXHIBIT 1
WHEREAS, the Planning Commission did, on Sept. 1, 2021, hold a duly noticed public hearing as
prescribed by law to consider Coastal Development Permit No. 2020-0043 and Tentative Parcel Map
No. MS 2020-0004, as referenced in Planning Commission Resolution No. 7422 approving the project;
and
WHEREAS, at said hearing the Planning Commission voted 5-1-0 to approve the project; and
WHEREAS, on Sept. 10, 2021, the appellant timely filed an appeal with the city as provided
pursuant to Chapter 21.54 of the Carlsbad Municipal Code; and
WHEREAS, Carlsbad Municipal Code Section 21.04.065 allows for discretionary project~
approved with a finished grader higher in elevation than the existing grade to measure building height
from the newly established finished grade when consideration is given to the natural topography of
the site, compatibility.with the existing grade of adjacent and surrounding properties, and the need tc
comply with required access, utility and drainage standards; and
WHEREAS, the Planning Commission found that they had adequate information and analysis tc
make an informed decision to approve the project with the building height to be measured from the
higher, newly established finished grade; and
WHEREAS, the City Council of the City of Carlsbad, held a duly noticed public hearing to consider
the appeal of the Planning Commission's decision to approve said Coastal Development Permit anc
Tentative Parcel Map; and
WHEREAS at said public hearing, upon hearing and considering all testimony and arguments, f
any, of all persons desiring to be heard, the City Council considered all factors relating to the appeal.
Nov. 16, 2021 Item #11 Page 8 of 109
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 appeal of the Planning Commission's decision is denied, that all matters not
specified in the appeal have been supported by substantial evidence with findings and approved by the
Planning Commission, and that the findings and conditions contained in Planning Commission
Resolution No. 7422 on file with the City Clerk and incorporated herein by reference, are the findings
and conditions of the City Council.
3. That 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"
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 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 is filed with.
a 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.
Nov. 16, 2021 Item #11 Page 9 of 109