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Home My WebLink About1985-06-18; City Council; 8203-1; Seabreeze CondosCli- OF CARLSBAD - AGEND.- BILL AB# 8203-#1 TITLE. GRANTING THE APPEAL FROM STAFF'S DEPT. HD. -- MTG 6/18/85 y l DECISION TO APPROVE A 3 UNIT CONDO- . .INIUM PROJECT AT 3655 GARFIELD STREET AND CITY Ad&& DEPT. CA IENYING THE PROJECT. CP-306/MS-682 - SEABREEZE CONDOS CITY luwcik RECOMMENDED ACTION: If the City Council concurs with the findings in Resolution I decig I No. R&3-, and wishes to grant the appeal-from staff's > ion to approve CP-306/MS-682 and deny the project your action is to adopt Resolution No. PO&~ . I ITEM EXPLANATION The City Council at your meeting of June 11, 1985 directed the City Attorney to prepare the document granting an appeal from the City Engineer's and Land Use Planning Manager's decision to approve a 3 unit condominium project at 3655 Garfield Street on approximately 6,325 square feet of property. As directed, we have prepared the attached resolution making the necessary findings of facts. The City Council should satisfy yourselves that we have accurately incorporated the Council's intentions in the matter in the resolution. If the Council concurs, your action is to adopt Resolution No. Ro43 l I EXHIBIT Resolution No. 6061 . i 1 2 3 4 5 6 7 8 9 10 11 12 0 2 I? g 13 %u 'a 8 k 0 18 19 20 21 22 23 24 25 26 27 28 -, RESOLUTION NO. 8063 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA GRANTING THE APPEAL FROM THE CITY ENGINEER'S AND LAND USE PLANNING MANAGER'S DECISION TO APPROVE A 3 UNIT CONDOMINIUM PROJECT LOCATED AT 3655 GARFIELD STREET AND DENYING SAID PROJECT CP-306/MS-682. APPLICANT: SEABREEZE CONDOS CASE NO.: CP-306/MS-682 WHEREAS, the City Engineer and Land Use Planning Manage] held a meeting to consider a proposed 3 unit planned development condominium minor subdivision on approximately 6,325 square feet of property located at 3655 Garfield street; and WHEREAS, the City Engineer and Land Use Planning Manage] expressed their intention to approve said project; and WHEREAS, a timely appeal was filed asking the City Council to review the staff decisions; and WHEREAS, the City Council adopted staff's finding that the project is categorically exempt from environmental review according to Section 15305.070(11)(4~) of the California Environmental Quality Act and a Notice of Exemption was filed on April 18, 1985; WHEREAS, on June 11, 1985 the City Council of the City of Carlsbad held a duly noticed public hearing as proscribed by law to consider said appeal and at said hearing after consideration of all of the evidence, testimony, argument of those persons present and desiring to be heard the City Council determined to grant the appeal, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: 1. That the above recitations are true and correct. - 2. That the City Council makes the following findings: A. That the appeal filed on this matter was timely 1 2 3 because the applicant, as a part of his application, agreed to 4 the extension of any applicable time limits in relation to the 5 project and because the final day for filing the appeal fell on a 6 Sunday when City Hall was closed and when the final day of appeal 7 period falls on a weekend or holiday City practice and procedure 8 provides that the time is extended to the next working day, in 9 this case Monday the eleventh day, which was the day the appeal 10 11 12 0 a 2 g 13 %a .i+ g c’ 0 G 18 19 20 was recieved by the City. B. That this lot, formerly occupied by a single _ family residence, is relatively small (6,352 square feet) and is not adequate to accommodate a project of the proposed density and intensity of use. c. That the density of this project exceeds that allowed by right in the zone making the approval a discretionary decision for the City Council. D. That this property is surrounded on both sides and across the street with single family homesTand is located in a neighborhood predominantly occupied by single family homes on 21 Ii individual lots. This project is a massive three story I I 22 I condominium which is incompatible with the neighborhood. 23 E. The project does not contain any of the extra 24 amenities necessary to qualify for additional discretionary 25 density. In particular, there is no provision for recreational 26 space, no provision for recreational vehicle parking, no trash 27 I/ enclosure and numerous encroachments into the side and rear yard 28 setbacks. 2. 3 1 2 3 4 5 6 7 8 9 10 11 12 9 $ g 13 %a .& 2 z 0 5 18 19 20 21 22 23 24 25 26 27 28 3. Based on the above findings of fact, it is the conclusion of the City Council that the appeal of this project be granted, that the decision of the City Engineer and Land Use Planning Manager to approve the project be reversed, and that the project known as the Seabreeze Condos, CP-306/MS-682 is hereby denied because it does not satisfy the requirements of the Planned Development Ordinance, it is incompatible with the neighborhood, and it meets only minimal standards and does not provide any justification for discretionary approval of a project in excess of the minimum density. 4. This action of denial 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 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 becomes 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, 1200 Elm Avenue, Carlsbad, California 92008." . . . . . . 3. , . 1 2 3 4 5 6 7 8 9 10 11 12 n $ Y 3 13 Ea 'a 2 ~~~~ 14 SOza 0p,p "pz 15 i '2" I-$W - ,a!$: l6 zz ZOV~ '5 2 17 z 0 5 18 19 I 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of th Carlsbad City Council held on the 18th day of June 198 by the following vote, to wit: AYES: C~UIE~~M&XZS &wis,Kulchin,andPettine NOES: ComcilIk&ersCasler andchick ABSENT: None Yg-&&lxd!h ASLER, Mayor ATTEST: d.k.aiL/@A ALETHA L. RAUTENKRANZ, City Cle$k 4. - 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 June 25, 1985 Robert L. Haman 24842 Woodside Lane El Toro, CA 92630 Enclosed for your records, please find a copy of the following Resolution 8063 , __----- adopted by the Carlsbad City Council on June 18, 1985 . Sincerely, City Clerk ' v TELEPHONE: (714) 438-5621 LR:adm Enclosures ( 1)