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HomeMy WebLinkAbout1985-06-18; City Council; 8204-1; Oceanview CondosCII- OF CARLSBAD - AGEN[;-,BILL 09 c i 0 II AB# 8204-#I ma DENYING THE APPEAL AND UPHOLDING THE DEPT. HO.\- MTQ 6/18/85 STAFF'S DECISION TO DENY A 3 UNIT CONDO- DE&. MINIUM PROJECT AT 3376 GARFIELD STREET CITY Ad/m CA CP-310/MS-684 - OCEANVIEW CONDOS CITY MGR.~ ----- ~ ~~~ ~ RECOMMENDED ACTION: If the City Council concurs with the findings in Resolution No. ,j% 0, , and wishes to deny the appeal and uphold staff s decision to deny CP-310/MS-684 your action is to adopt Resolution No. Bob0 l ITEM EXPLANATION The City Council at your meeting of June 11, 1985 directed the City Attorney to prepare the document denying an appeal from the Land Use Planning Manager's decision to deny a 3 unit condominium pro,ject at 3376 Garfield Street. 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. Bo60 . EXHIBIT Resolution No. BCGO . i 1 2 3 4 5 6 7 cl 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 8060 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA DENYING THE APPEAL AND UPHOLDING THE CITY ENGINEER'S AND LAND USE PLANNING MANAGER'S DECISION TO DENY A 3 UNIT CONDOMINIUM PROJECT LOCATED AT 3376 GARFIELD STREET AND DENYING SAID PROJECT CP-310/MS-684. APPLICANT: OCEANVIEW CONDOS CASE NO.: CP-310/MS-684 WHEREAS, the City Engineer and Land Use Planning Manage] held a meeting to consider a proposed 3 unit planned development condominium minor subdivision located at 3655 Garfield street; and WHEREAS, the Land Use Planning Manager denied said project; and WHEREAS, a timely appeal was filed asking the City Council to review the staff decision; 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 this lot is relatively small (approximate1 I . 4 5 6 7 8 9 10 11 19 20 21 22 23 24 25 26 27 28 6,300 square feet) and is not adequate to accommodate a project of the proposed density and intensity of use. B. That the density of this project exceeds that allowed by right in the zone making the approval a discretionary decision for the City Council. C. That this property is located in a neighborhood predominantly occupied by single family homes on individual lots. This project is a massive three story, 34 foot high condominium which is incompatible with the neighborhood. D. The project does not contain any of the extra amenities necessary to qualify for additional discretionary density. In particular, there is no provision for recreational space, no provision for recreational vehicle parking, no trash enclosure and encroachments into the setback. 3. Based on the above findings of fact, it is the conclusion of the City Council that the appeal of this project be denied, that the decision of the Land Use Planning Manager to deny the project be upheld, and that the project known as the Oceanview Condos, CP-310/MS-684 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 2. D 2 .; 8 -%a -0wa glL=z O$a %:zi "Gf$ Ii '-I" l-$W - fZ88 oa:m zo y ‘5 % > 0 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 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." 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: Council Members Casler, Lewis, Kulchin, Chick and Pettine NOES: None ABSENT: None ATTEST: ALETHA L. TENKRANZ, City&lerk . 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 June 21, 1985 Mr. Rodney C. Miles 29571 Seahorse Cove Laguna Niguel, CA 92677 Enclosed for your records, please find a copy of the following Resolution No. 8060 .---~ -, adopted by the Carlsbad City Council on June 18, 1985 . Sincerely, City Clerk TELEPHONE: (714) 438-5621 LR:adm _ Enclosures ( 1 )