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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 been tY 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. 1 2 3 4 5 6 7 8 9 10 11 12 t 18 19 20 21 22 23 24 25 26 27 28 0 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 2. of 24 25 26 27 e 28 Li 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 3.