HomeMy WebLinkAbout1981-12-09; Planning Commission; Resolution 1895v- /I
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PLANNING COMMISSION RESOLUTION NO. 1895
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CARLSBAD, CALIFORNIA, DENYING A 20 UNIT TENTATIVE
TRACT MAP AND CONDOMINIUM PERMIT ON PROPERTY GENER-
ALLY LOCATED AT 351-357 TAMARACK AVENUE
APPLICANT: STABILE CASE-NO:- .CT-81-40/eP-186- -. -. . . -. . . . . . -
WHEREAS, a verified application for certain property, to
wit:
Parcel 1 of Parcel Map 5356 filed in the office of the
County Recorder of San Diego, November 12, 1976.
has been filed with the City of Carlsbad, and referred to the
Planning Commission; and
WHEREAS, said verified application constitutes a request a
provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 9th day of
December, 1981, hold a duly noticed public hearing as prescrib
by law, to consider said request; and
WHEREAS, at said public hearing, upon hearing and consider
all testimony and arguments, if any, of all persons desiring t
be heard, said Commission considered all factors relating to t
Tentative Tract Map and Condominium Permit; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Comm
sion as follows:
(A) That the foregoing recitations are true and correct.
(B) That based on the evidence presented at the public hearing
the Commission DENIES CT-81-40/CP-186, based on the follow
findings:
Findings
1. That the project does not conform with the design criteri
of the Condominium Ordinance since:
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a, Many of the required improvements such as the carport
and storage areas have been added in a piecemeal fash
to meet the minimum requirements of the Condominium Ordinance and are not conveniently located or accessi and are poorly thought-out from a design point-of-vie
b. The project is dominated by asphalt driveways which e tend up to the edge of concrete retaining walls along
the edge of the property. No room for landscaping exists and, as a result, the driveway is a dominant f
ture of the project,
c. The proposed storage areas and carports are not well integrated to the units as they would obstruct light air to the units and create indefensible space. The design of the carports may result in an unsafe condit for residents.
2. Because the project does not comply with the applicable requirements of Title 21 for the reasons stated in findin no. 1, the tentative tract map must be denied according t
Section 20.12.091(b)(3).
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Code, this action of denial is final the date this resolution 14
(C) Unless appealed as provided by the Carlsbad Municipa
"NOTICE TO APPLICANT" 18
Review" shall apply: 17
1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial 16
adopted by the Planning Commission. The provision of Chapter 15
19 I The time within which judicial review of this decisio must be sought is governed by Code of Civil Procedure,
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day following the date on which this decision becomes 22
filed in the appropriate court not later than the ninetie petition or other paper seeking judicial review must be 21
of Carlsbad by Carlsbad Municipal Code Chapter 1-16. Any Section 1094.6, which has been made applicable in the Cit
final; however, if within ten days after the decision
23 becomes final a request for the record of the proceedings accompanied by the required deposit in an amount sufficiel
24 to cover the estimated cost of preparation of such record the time within which such petition may be filed in court
25 is extended to not later than the thirtieth day following the date on which the record is either personally
26 delivered or mailed to the party or his attorney of recorc
if he has one. A proceedings shall be filed with the Cit;
27 Clerk, City of Carlsbad, 1200 Elm Avenue, Carlsbad, California, 92008."
28 //// PC RES0 #1895 -2-
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1 PASSED, APPROVED AND ADOPTED at a regular meeting of the
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Planning Commission of the City of Carlsbad, California, held (
the 9th day of December, 1981, by the following vote, to wit:
AYES: Chairman Marcus, Commissioners Rombotis, Farrow,
NOES : None.
ABSENT : None .
ABSTAIN : None
Schlehuber, Jose, Friestedt and L'Heureux.
ATTEST:
1' &L ~~.
I MARY MAR , Chairman
CARLSBAD ,LANNING COMMISSION B
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28 PC RES0 #1895 -3-