HomeMy WebLinkAbout2001-04-17; City Council; 16157; Denial Of Tentative Map For Jacobs PropertyCITY OF CARLSBAD -AGENDA BILL .
AB# h&57 TITLE:
MTG. W’-6 1 DENIAL OF THE TENTATIVE MAP FOR THE CHARLES JACOBS PROPERTY CT-00-09
DEPT. CA
DEPT. HD.
CITY AI-I-Y. zc
CITY MGR.-ZfS
RECOMMENDED ACTION:
The Council adopt Resolution No. 200 / - //7d enying the tentative map CT-00-09 based on
the findings contained therein.
ITEM EXPLANATION:
At its meeting of April 3, 2001, the Council denied (3-2, Mayor Pro Tern Kulchin, Council
Member Hall) the request of the applicant for a proposed five single family lots including one
panhandle tot on a 1.38 acre parcel. Under section 21.10.080(b) of the Carlsbad Municipal
Code, the City Council has jurisdiction over this five-lot subdivision because it includes a
panhandle or flag shaped lot. Under that section, for subdivisions of five or more lots
containing a panhandle or flag shaped lot, the City Council becomes the final decision
maker. For proposed subdivisions of four or fewer lots containing a panhandle or flag
shaped lot, the Planning Director is the final decision maker. The provisions of this municipal
code section regulate the size, location, drainage, parking and other land use matters but do
not include provisions for architectural review. This code section, however, provides that
exterior siding materials must be stucco, masonry, wood or brick unless an alternative
exterior material is approved by the Planning Director and he may only do so if the siding
material other than the ones listed above are in harmony with other dwelling units in the
neighborhood.
At its meeting of April 3, 2001, the City Council carefully reviewed a proposed subdivision
and, after hearing the recommendations of the Planning Department, the Planning
Commission, and testimony from the property owner, the developer and providing an
opportunity for interested members of the public to address the subject, denied the proposed
five lot subdivision and referred the matter to the City Attorney to return with documents
memorializing that denial. Those documents are attached. The Council should satisfy itself
that they accurately represent its intent in this matter.
FISCAL IMPACT:
Denial of this subdivision will not have a fiscal impact on the City. The applicant may
propose a four-lot subdivision subject to approval of the Planning Director. It will not return to
the City Council unless appealed from the decision of the Planning Director and the Planning
Commission pursuant to Carlsbad Municipal Code section 21 .I 0.01 O(e).
ENVIRONMENTAL REVIEW:
Projects which are denied are exempt from CEQA review pursuant to Public Resources
Code section 21080(b)(5) and CEQA Guidelines section 15270.
EXHIBITS:
1. Resolution No. 300 I- 1 17
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RESOLUTION NO. 2001-117
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, DENYING A FIVE-LOT
TENTATIVE TRACT MAP WITH GRADING, STREET
IMPROVEMENTS AND UTILITIES ON A 1.3 ACRE SITE’
LOCATED WEST OF RIDGECREST DRIVE AND EAST OF
SEACREST DRIVE IN LOCAL FACILITIES MANAGEMENT
ZONE 1
CASE NAME: CHARLES JACOBS
CASE NO.: CT 00-09
The City Council of the City of Carlsbad, California does hereby resolve
as follows:
WHEREAS, pursuant to the provisions of the municipal code the Planning
Commission did, on November 15, 2000 and January 3, 2001, hold duly noticed public
hearings as prescribed by law to consider a negative declaration and tentative tract
map to subdivide five lots on a 1.3 acre parcel including a flag shaped or panhandle lot;
and
WHEREAS, the Planning Commission adopted Planning Commission
Resolution Nos. 4859 and 4860 recommending to the City Council the approval of a
negative declaration and tentative tract map; and
WHEREAS, the City Council of the City of Carlsbad on the 3’(’ day of April,
2001 held a duly noticed public hearing to consider said matters and at that time
received the report and recommendations of the Planning Department, the Planning
Commission and the comments of all persons interested in or opposed to the project;
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.
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12 result in a quality project that is more in harmony and character with the existing
neighborhood and dwelling unit density.
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2. That the City Council denies the five-lot subdivision proposed by the
applicant including a panhandle or flag shaped lot because:
a. The panhandle or flag shaped lot is not necessary or desirable
or in harmony with the residential neighborhood. The site is too small for five lots and
not compatible with the neighborhood and the property can be adequately served with a
public street without panhandle lots which do not result from unfavorable or unusual
topographic conditions, surrounding land development or lot configurations.
b. The 1.3 acre site is not physically suitable for the proposed
density of the development and a four lot subdivision would provide more openness,
result in lot sizes that are more compatible with those in the existing neighborhood and
3. That this action is final the date this resolution is adopted by the City
Council. The provision of Chapter 1 .I6 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
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the proceedings shall be filed with the City Clerk, City of
Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California
92008.”
PASSED, APPROVED AND ADOPTED at a regular meeting of the City
Council of the City of Carlsbad held on the _ .-day of _.__ ,200l by the
following vote, to wit:
AYES:
NOES:
ABSENT:
CLAUDE A. LEWIS, Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk
(SEAL)