HomeMy WebLinkAbout1989-01-03; City Council; 9804; DENYING THE APPEAL AND UPHOLDING THE PLANNING COMMISSION'S DENIAL OF A SITE DEVELOPMENT PLAN (SDP 88-05 - HEMLOCK APARTMENTS)a d (d
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5- AGENUBILL CI' OF CARLSBAD -
AB# qfod TlTTuPHoLDING THE DEP
MTG. 1/3/89 PLANNING COMMISSION'S DENIAL OF A SITE
DEVELOPMENT PLAN DEPT. CA SDP 88-5 HEMLOCK APARTMENTS 7
RECOMMENDED ACTION:
If the Council concurs, your action is to adopt Resolutic
ITEM EXPLANATION
At its regular meeting of Tuesday, December 20, 1988, the
Commission. The Planning Commission denied the side devc
plan for this project at a public hearing on November I
without prejudice. After considering the arguments and ( produced at the Planning Commission and at the hearing of 1
20, 1988, the City Council voted to uphold the denial
Planning Commission and referred to matter to the City At. office for preparation and return of documents evidencj
denial.
Those documents are attached for your review and approval
EXHIBIT
Resolution No.
heard and considered the appeal of this project from the :
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RESOLUTION NO. 89-4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA DENYING WITHOUT
PREJUDICE SITE DEVELOPMENT PLAN SDP 88-5 ON
PROPERTY GENERALLY LOCATED ON THE NORTH SIDE
WASHINGTON STREETS.
OF HEMLOCK AttENtfE BE!CWEEN GARFIELD AND
APPLICANT! HEMLOCK APARTMENTS CASE NO.: SDP 88-5
WHEREAS, a verified application has been filed
City of Carlsbad and referred to the Planning Commission
WHEREAS, said verified application constitutes i
as provided by Title 21 of the Carlsbad Municipal Code, E
WHEREAS, pursuant to the provisions of the munic
the Planning Commission did, on November 16, 1988 consi
request on property described as:
The southeasterly 105 feet of lot 2, block VIRg1
feet of the southeasterly 115 feet of lot 1 in block l'R1l of Palisades No. 2, in the City of
Carlsbad, County of San Diego, State of
California, according to the Map No. 1803,
filed August 25, 1924.
WHEREAS, the Planning Commission at said public
upon hearing and considering all testimony and argument
persons desiring to be heard and did adopt Planning Ct
Resolution No. 2789 denying the subject site developn
without prejudice, and:
of Palisades No. 2 and the northeasterly 50
i ,~ 1
WHEREAS, the applicant duly filed an appeal
decision to the City Council, and;
WHEREAS, the City Council did, on December 20, 1
,/
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WHEREAS, the City Council did consider all testj
arguments in this matter including the arguments and
produced at the Planning Commission meeting and its mi
November 16, 1988, the North Beach Traffic Study adopted
1987 and other evidence,
NOW, THEREFORE, BE IT RESOLVED by the City Counc
City of Carlsbad, California, as follows:
A. That the above recitations are true and COI
B. That based on the evidence and arguments 1
at the public hearing, the City Council denies without E
SDP 88-5 based on the following findings:
FINDINGS
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1. The overall design of the development
conform to the North Beach Traffic Study or the Beach Are;
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1 intent of the Beach Area Overlay Zone in that it is not
scale building and is too stark and massive along
elevations.
3. There is no setback of the second story whicl
appee architectural monotony and exacerbates the massive
the building.
4. There are three levels of living areas on to
other in the proposed building which conflicts with the -
the Beach Area Overlay Zone restricting dwellings to twc
2. 1
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or 25 feet whichever is less.
C. This action of denial is final the dz
resolution is adopted by the City Council. The prov
Chapter 1.16 of the Carlsbad Municipal Code, "Time Lii
Judicial Reviewll shall apply:
I
"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
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
1 proceedings shall be filed with the city
Clerk, City of Carlsbad, 1200 Elm Avenue, Carlsbad, California 92008.'' i
been made applicable in the City of Carlsbad
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PASSED, APPROVED AND ADOPTED at a Regular Meeti
day ol City Council of the City of Carlsbad on the 3rd
1989, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Pettine, Mamaux
NOES: None
ABSENT: None 47- L,,h4&&5gg CLAUDE A. LEWfS, Mayor i ATTEST:
G-=LRR&,
ALETHA L. RAUTENKRANZ, C
(SEAL)
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