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HomeMy WebLinkAbout1981-09-15; City Council; Resolution 66651 2 z 4 E E 7 E s ZC 11 12 n E V 1E 1s 2c 21 22 2: 24 25 26 27 223 RESOLUTION NO. 6665 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DENYING TENTATIVE SUBDIVISION MAP (CT 81-22) AND CONDOMINIUM PERMIT (CP-168) FOR A 21-UNIT CONDOMINIUM ON PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF CARLSBAD BLVD. BETWEEN TAMARACK AVENUE AND SEQUOIA AVENUE. APPLICANT: MOIR DEVCO. WHEREAS, on August 12, 1981 the Carlsbad City Planning Commission adopted Resolution No. 1846 recommending to the City Council that Tentative Subdivision Map (CT 81-22) and Condominium Permit (CP-168) be approved; and WHEREAS, the City of Carlsbad, as lead agency, has processed said project through environmental guidelines pursuant to Title 19 of the Carlsbad Municipal Code and the State EIR guidelines. A negative Declaration was approved by the Planning Commission on August 12, 1981; and WHEREAS, ON September 1, 1981 the City Council held a public hearing to consider the recommendations and hear all persons interested in or opposed to Tentative Subdivision Map (CT 81-22) and Condominium Permit (CP-168) during which extensive testimony in opposition to the project was presented; and WHEREAS, the findings of the Planning Commission in Resolution No. 1846 do not constitute the findings of the City Council. Based on the testimony at the public hearing, the City Council makes the following findings: 1. The subject property is zoned RH which incorporates the density ranges of the general plan, specifying a density range of 20-30 for this project. The base density for this project is 20 units per acre. Densities in excess of that figure may only be approved if certain criteria are met, including the quality of the project and the number and amount of onsite amenities provided. The project as proposed does not meet any of the 12 2 19 20 21 22 23 24 25 26 27 28 criteria justifying the density in excess of the minimum. The project is proposed at a density of 26.25 dwelling units per acre which is at the high end of the density range. lack of overall quality and amenities, the Council finds that the project as proposed is inconsistent with the general plan and, therefore, must be denied. Due to the 2. Due to the location of the subject property adjacent to the beach, Carlsbad Boulevard, and a restaurant there is in effect no available on-the-street parking in the vicinity of the project, meet the need and is therefore inconsistent with the design criteria of Section 21.47.110(2) which requires adequate parking for the project. The parking provided by this project is not adequate to 3. The design criteria referenced above also requires the project to be well integrated and related to the topography of the site. This project does not meet that requirement. It is located at the top of a bluff, making it more than forty feet above the adjacent street, in excess of the thirty-five foot height limit, which is significantly out of proportion to any structures in the surrounding area. 4. The above-referenced design criteria also require that adequate circulation be provided. The project does not do that due to the densities and, in particular, because of the limited access on Sequoia Avenue due to parking along the street, the narrowness of the street and the fact that the proposed driveways onto Tamarack Avenue and Carlsbad Boulevard are too close to the signalized intersection and would result in traffic hazards and conflicting turning movements. 5, Section 21.47.110(3) requires a condominium project to be compatible with existing land uses in the neighborhood and not disruptive of the neighborhood. Extensive evidence offered at the public hearing makes clear that this requirement has not been met. The project as proposed will be significantly more dense than the existing land uses in the immediate area which are predominantly single-family residential. The height and bulk of the proposed building is substantially in excess of anything which surrounds it and the project as proposed will be out of character with the neighborhood, 6, The City Council's action is without prejudice to the applicant who may reapply with a project which avoids the above referenced problems by reducing density and by more sensitive treatment of the site, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, as follows: A. That the above recitations are true and correct, 2. 1 2 3 4 5 6 7 8 9 10 11 1s 2c 23 22 2: 24 25 2€ 27 2E B. That Condominium Permit (CP-168) is denied based on the findings made above because: 1. It does not satisfy the design criteria prescribed in Section 21.47.110 of the Carlsbad Municipal Code for condominiums. 2. The project as proposed is inconsistent with the land use element of the Carlsbad general plan. C. That the Subdivision and Zoning laws of the City of Carlsbad require approval of a condominium permit before a tentative subdivision map for a condominium conversion may be approved. Since the condominium permit has been denied, the tentative subdivision map, as filed, is not in compliance with the applicable requirements of local ordinance and must therefore be, and hereby is, denied. D. That the zoning laws of the City of Carlsbad require that the City Council deny a condominium permit if it finds that the condominium project is not consistent with the applicable general plan. Having made that finding, the permit is hereby denied. E. The Subdivision Map Act and the Carlsbad Municipal Code require that the City Council must deny approval of a tentative subdivision map if it finds that the map is not consistent with the applicable general plan. Having made that finding, the map must therefore be, and hereby is, denied. F. 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: 3. "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 the City Council of the City of Carlsbad, California, held on the 15th day of Septeniber , 1981, by the following vote, to wit: AYES: Council Menibers Packard, Casler, Us and Kulchin NOES: Council Y&er hear ABSENT: Nme RONALD C. PACKARD, Mayor ATTEST : ALETHA L. RAUTENKRANZ, City Clerk (SEAL)