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HomeMy WebLinkAbout1981-12-09; Planning Commission; Resolution 1895v- /I 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 e a 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: /// /// - 0 a 1 2 3 4 5 6 7 8 9 10 11 12 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). 13 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, 20 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- * \ /I @ 1, 1 PASSED, APPROVED AND ADOPTED at a regular meeting of the 2 3 4 5 6 7 a 9 10 11 12 12 14 15 16 17 1E 1s 2c ;/ 21 22 , 1 1 I I 1 I p /' ) 1 ; 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 4 23 24 25 26 27 28 PC RES0 #1895 -3-