HomeMy WebLinkAbout1992-02-04; City Council; 11544; Appeal Denial Gardality Condo Conversion,
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TITLE: DENYING THE APPEAL AND UPHOLDING THE PLANNING COMMISSION'S DENIAL OF A MTO. 2/7-/97 TENTATIVE MAP. AND CONDOMINIUM PERMIT
mI!?nT GARDALITY CONDOMINIUM CONVERSION usr I .- CA CT 90-33,'CP 90-10
RECOMMENDED ACTION:
If Council wishes to deny the appeal and uphold the Planning Commission's denial of CT 90-33/CP 90-10 your action is to adopt Resolution No. cla-r-r3 .
ITEM EXPLANATION
The City Council, at your meeting of January 28, 1992 directed the City Attorney to prepare the document denying Tentative Map CT 90- 33 and Condominium Permit CP 90-10. That document is attached. The Council should satisfy itself that the findings and conditions accurately reflect your intentions in the matter. If the Council concurs, your action is to adopt Resolution No. 9d-Y3 .
EXHIBIT
Resolution No. 9a-Ld.3
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RESOLUTION NO. 92-43
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA DENYING APPLICANT'S APPEAL AND UPHOLDING THE PLANNING COMMISSION'S .DENIAL OF A TENTATIVE MAP AND CONDOMINIUM PERMIT TO CONVERT 12 SINGLE FAMILY APARTMENT UNITS TO CONDOMINIUMS LOCATED AT 2836-2908 UNICORN10 STREET APPLICANT: CARDALITY CONDOMINIUM CONVERSION CASE NO.: CT 90-33/CP 90-10
WHEREAS, a verified application for a tentative map for
certain property to wit:
Lots 515, 516 and 517 of La Costa Meadows Unit No. 3 in the City of Carlsbad, County of San Diego, State of California, according to Map No. 7076 filed in the office of the County Recorder of San Diego County October 6, 1971
has been filed with the City of Carlsbad and referred to the
Planning Commission: and
WHEREAS, the Planning Commission did on November 20, 1991
hold a duly noticed public hearing as prescribed by law to consider
said application for Tentative Map CT 90-33 and Condominium Permit
CP 90-10; and
WHEREAS, the Planning Commission did on November 20, 1991
after hearing and considering all the evidence and testimony of all
people desiring to be heard adopted Resolutions No. 3306 and No.
3307 denying the application for Tentative Map CT 90-33 and
Condominium Permit CP 90-10; and
WHEREAS, the applicant appealed the decision of the
Planning Commission to the City Council; and
WHEREAS, on January 7, 1992 the City Council of the City
of Carlsbad held a duly notice public hearing as prescribed by law
to consider said appeal: and
WHEREAS, at the appellant's request that hearing was
continued to January 21, 1992 at which time the Council considered
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all arguments and evidence concerning the appeal; and
WHEREAS, the public hearing was closed and deliberations
continued to January 28, 1992 at said hearing after consideration
of all the evidence, testimony, argument of those persons present
and desiring to be heard the City Council directed the City
Attorney to prepare documents which would deny the appeal and
uphold the Planning Commission's decision,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Carlsbad, California, as follows:
1. That the above recitations are true and correct.,
2. That the findings and conditions of Planning
Commission in Resolutions No. 3306 and No. 3307 attached as Exhibit
A and B respectively and made a part hereof, constitute the
findings and decision of the City Council.
3. That the Planning Commission's denial of CT 90-33/CP
90-10 is hereby confirmed and the appeal of that decision is denied
based upon the facts set out in the Planning Department Staff
Report dated November 20, 1991, the evidence before the Planning
Commission, the evidence as set forth in City Council Agenda Bill
No. 11,501,, and the testimony before the City Council all of which
are incorporated herein by reference.
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
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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 become 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. 'I
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the
City Council of the City of Carlsbad on the qth day of February
1992, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Larson, Stanton & Nygaard
NOES: None A
ABSENT: None
ATTEST:
ALETHA L. RAU
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PLANNING COMMISSION RESOLUTION NO. 3306
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNLA, DENYING A 12 UNIT
AIRSPACE CONDOMINIUM CONVERSION ON PROPERTY
GENERALLY LOCATED ON THE NORTH SIDE OF UNICORN10 STREET.
CASE NAME: GARDALXTY CONDOMINIUM CONVERSION CASE NO: CT.90-33
WHEREAS, a verified application for certain property to wit:
Lots 515,516 and 517 of La Costa Meadows Unit No. 3, in the City of Carlsbad, County of San Diego, State of California,
according to the map thereof No. 7076, filed in the office of
the County Recorder of San Diego County, October 6, 1971.
has been filed with the City of Carlsbad and referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request as provided by Title
21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 20th day of November,
1991, hold a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all
factors relating to the Tentative Tract Map and Planned Unit Development.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission
as follows:
A)
B)
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That the above recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission
DENIES CT 90-33, based on the following findings:
. Findings:
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1. The project is not consistent with City% Planned Development Ordinance and l.k+
Guidelines Manual. As discussed in the staff report, the application of the Ph&
Development standah diminishesthequalityoftheexistingpmjectbymluc@
hndsqed open space areas and privately used yards. The project does not comply with specific Planned Development design criteria rquirhg a well integmted
internal circulation went and centrally located, easily accessible common
rtxreation areas.
2. The project is consistent with the City’s General Plan since the proposed density of
9.2 du’s/acre is within the density range of 8-15 du’s/acre specified for the site as
indicated on the Land Use Element of the General Plan, and is at or below the
growth control point of 11 S.
PASSED; APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 20 day of November, 1991, by
the following vote, to wit:
AYES: Chairman Holmes, Commissioners: Schlehuber, Schramm,
Savary & Noble.
NOES: None.
ABSENT: Commissioners: Erwin & Hall.
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ABSTAIN:
‘:. ; :’ : ,
t ~-kIBEkIWOLl6lE$, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HO-M&R
PLANNING DIRECTOR
PC RESO NO. 3306 -2-
PLANNING COMMISSION RESOLUTION NO. 3307
1 A RESOLUTION OF THE PLANNING COMMISSION OF THE 2 CITY OF CARLSBAD, CALIFORNIA, DENYING OF A 12 UNIT
3 AIRSPACE CONDOMINIUM CONVERSION ON PROPERTY
GGNERALLY LOCATED ON THE NORTH SIDE OF UNICORN10
4 STREET.
CASE NAME: GARDALITY CONDOMINUM CONVERStON’
5 CASE NO: CP 90-10
6 WHEREAS, a verified application for certain property to wit:
7 Lots 515,516 and 517 of La Costa Meadows Unit No. 3, in the
8 City of Carlsbad, County of San Diego, State of California, according to the Map thereof No. 7076, filed in the Office of 9 the County Recorder of San Diego County, October 6, 1971.
10 has been filed with the City of Carlsbad and referred to the Planning Commission; and
11 WHEREAS, said verified application constitutes a request as provided by Title
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14 WHEREAS, the Planning Commission did, on the 20th day of November,
15 1991, hold a duly noticed public hearing as prescribed by law to consider said request; and
16 WHEREAS, at said public hearing, upon hearing and considering all testimony
17 and arguments, if any, of all persons desiring to be heard, said Commission considered all
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factors relating to the Tentative Tract Map and Planned Unit Development.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission
as follows:
A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
DENIES of CP 90-10, based on the following findings:
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Findings:
1. The project is not consistent with Citfs Planned Development Ordinance and Design
Guideiines Manual. As d&used in the sta@ report, the application of the Planned
Development standards diminishes the quality of the &sting project by reducing landscaped open space areas and privately used yards. The project does not comply
with specific Planned Development design a&ria requixing a well integmted
intemal circulation system and cent&y located, easily accessible common
reaeation areas.
2. The project is consistent with the City’s General Plan since the proposed density of
9.2 d&/acre is within the density range of 8-15 du’s/acre specified for the site as
indicated on the Land Use Element of the General Plan, and is at or below the
growth control point of 11.5.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 20th day of November, 1991,
by the following vote, to wit:
AYES: Chairman Holmes, Commissioners: Schlehuber, Schramm,
Savary & Noble.
NOES: None.
ABSENT: Commissioners: Enuin & Hall.
.- --..- ABSTAIN:
-: l .
ROBERT HOLMES, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
PLANNING DIRECTOR
PC RESO NO. 3307 -2-
February 11, 1992
Steve Gardality
3138 Verde Avenue
Carlsbad, CA 92008
Enclosed for your records, please find copies of the
following Resolution No. 92-43 adopted
by the Carlsbad City Council on Februarv 4, 1992 .
LEE RAUTENKRANZ
CITY CLERK
LR:lw
Enclosures (2)
1200 Carlsbad Village Drive - Carlsbad, California 92008-1989 - (619) 434-2808 @