HomeMy WebLinkAbout1986-08-19; City Council; Resolution 8761RESOLUTION 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
LOCATED AT ADAFIS AND HOOVER STREETS.
APPLICANT: OLSEN
CASE NO. : MS-73O/PUD-225
SUBDIVISION 730 AND PUD-225 ON PROPERTY GENERALLY
WHEREAS, a verified application for minor subdivision
and planned unit development on certain property to wit:
Approximately one acre located at the northwest
corner of Adam 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 MS-730/PUD-225; and
WHEREAS, the decision of the City Engineer has
appealed to the City Council; and
WHEREAS, on August 5 and August 12, 1986 the C
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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 Unit Development 225,
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Carlsbad as follows:
1. That the above recitations are true and correct.
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2. That based on the evidence 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:
Findinqs 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 squa.re feet.
3. The property is located between a public street and the Agua
Hedionda Lagoon, an extremely sensitive environmenta.1 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 th
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 19th day of August I 1986 by the following
vote, to wit:
AYES: Council Members Casler, Lewis, Kulchin and Pettine
NOES: None
ABSENT: None
%&%ddL SLER, Mayor
ATTE LT :
L2&27$LdR- ALETHA L. RAUTENKRANZ, City Clekk
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