HomeMy WebLinkAbout1986-08-19; City Council; 8723-2; Brook Olsen ProjectCIT-DF CARLSBAD - AGENDA’-31LL
AB# 8723-#2 TITLE: GRANTING AN APPEAL OF ASSISTANT
MT& 8/19/86 CITY ENGINEER'S APPROVAL OF MINOR
DEPT. CA SUBDIVISION AT ADAMS AND HOOVER
RECOMMENDED ACTION:
DEPT. HD.-
CITY Am)=
CITY MGRw~
If the City Council wishes to grant the appeal and reverse the
decision of the Assistant City Engineer and deny Minor Subdivision 730/Planned Unit Development 225 your action is adopt Resolution No.
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ITEM EXPLANATION
The City Council at your meeting of August 12, 1986 directed the City Attorney to prepare documents granting the appeal and denying MS-
730/PUD-225. The attached resolution contains findings and conclusions of denial. The City Council should satisfy itself that the findings and conclusions accurately reflect your intentions in the matter, that they state facts found by you to be true, and that they adequately explain your reasons for granting the appeal and denying MS-730/PUD-225.
EXHIBIT
Resolution No. FT& / , granting the appeal.
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RESOLUTION NO. 8761
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA GRANTING THE APPEAL FROM THE CITY ENGINEER'S APPROVAL AND DENYING MINOR SUBDIVISION 730 AND PUD-225 ON PROPERTY GENERALLY
LOCATED AT ADAMS AND HOOVER STREETS.
APPLICANT: OLSEN CASE NO. : MS-73O/PUD-225
WHEREAS, a verified application for minor subdivis ion
and planned unit development on certain property to wit:
Approximately one acre located at the northwest corner of Adams and Hoover Streets
has been filed with the City of Carlsbad, and referred to the
City Engineer: and
WHEREAS, said verified application constitutes a request
as provided by Title 21 of the Carlsbad Municipal Code: and
WHEREAS, the City Engineer did on June 26, 1986 approve
the request for ME-730/PUD-225; and
WHEREAS, the decision of the City Engineer has been
appealed to the City Council: and
WHEREAS, on August 5 and August 12, 1986 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 and
argument of those persons present and desiring to be heard the
City Council determined to grant the appeal and deny Minor
Subdivision 730 and Planned
NOW, THEREFORE, BE
the City of Carlsbad as foll
1. That the above
Unit Development 225,
IT RESOLVED by the City Council of
ows :
recitations are true and correct.
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2. That based on the ev i dence presented at the public
hearing the City Council grants the appeal and denies Minor
Subdivision 730 and Planned Unit Development 225 without
prejudice based on the following findings and conclusions:
Findings and conclusions:
1. The property which is the subject of this application is 44,430 square feet of gross area and is zoned R-1-15,000 which requires a minimum of 15,000 square feet for each lot. The proposed development contemplates three lots.
2. The planned unit development provisions of the Carlsbad Municipal Code require all such projects to comply with the density of the underlying zone. In the R-1-15,000 zone the minimum property area required for a three lot subdivision or a
three lot planned unit development is 45,000 square feet.
3. The property is located between a public street and the Agua Hedionda Lagoon, an extremely sensitive environmental area. The
proposed two story developments which will extend at least nine
feet above the street grade will not adequately preserve the
views of the Lagoon as required by the Agua Hedionda Local Coastal Program and are not consistent with the purposes, intent and design requirements of a planned unit development because
they do not adequately take into account the sensitive nature
the site or preserve the views.
4. Because this project is not in compliance with the zoning ordinance and does not satisfy the requirements for a planned unit development it must be denied.
3. 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
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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
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II the City Council of the City of Carlsbad, California, held on I 9
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the 19th day of August I 1986 by the following
vote, to wit:
AYES: Council Members Casler, Lewis, Kulchin and Pettine
NOES: None
ABSENT: None
MARY H. SLER, Mayor
ATTEST:
ALETHA L.
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1200 ELM AVENUE
CARLSBAD, CALIFORNIA 92009
Citp of ahrla’bab
August 22, 1986
Robert Johnson
1125 Cape Aire
Carlsbad, CA 92008
Enclosed for your records, please find a copy of the
following Resolution 8761 3 ---- adopted by the
Carlsbad City Council on August 19, 1986 .
Sincerely, &g* City Clerk
TELEPHONE:
(7141 436-5621
LR:adm
Enclosures ( 1 )
1200 ELM AVENUE
CARLSBAD, CALIFORNIA 92009
Citp of CarIs’frab
August 22, 1986
Brook Olsen
3610 Sierra Morena ,. -lsbad, CA 92008
Enclosecf for your records, please find a copy of the
,ollowing Resolution 8761 , .--- adopted by the
Carlsbad City Council on August 19, 1986 .
Sincerely,
City Clerk
TELEPHONE:
(714) 436-5621
LR:adm
Enclosures ( 1 )