HomeMy WebLinkAbout1992-02-04; City Council; Resolution 92-43ll 0
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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 may:
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
Planning Commission; and
WHEREAS, the Planning Commission did on November 20,
hold a duly noticed public hearing as prescribed by law to cons
said application for Tentative Map CT 90-33 and Condominium PE
CP 90-10; and
WHEREAS, the Planning Commission did on November 20,
19 /I after hearing and considering all the evidence and testimony 01
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people desiring to be heard adopted Resolutions NO. 3306 and
3307 denying the application for Tentative Map CT 90-33
22 II Condominium Permit CP 90-10; and
23 /I WHEREAS, the applicant appealed the decision of
24 ll Planning Commission to the City Council; and
25 I1 WHEREAS, on January 7, 1992 the City Council of the
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of Carlsbad held a duly notice public hearing as prescribed bl
to consider said appeal; and
WHEREAS, at the appellant's request that hearing
continued to January 21, 1992 at which time the Council consic
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1 all arguments and evidence concerning the appeal; and
WHEREAS, the public hearing was closed and deliberat
continued to January 28, 1992 at said hearing after considera
of all the evidence, testimony, argument of those persons pre
and desiring to be heard the City Council directed the
Attorney to prepare documents which would deny the appeal
uphold the Planning Commissionls decision,
NOW, THEREFORE, BE IT RESOLVED by the City Council Of
City of Carlsbad, California, as follows:
1. That the above recitations are true and correct
2. That the findings and conditions of Plar
Commission in Resolutions No. 3306 and No. 3307 attached as Exk
A and B respectively and made a part hereof, Constitute
findings and decision of the City Council.
3. That the Planning Commission's denial of CT 90-3
90-10 is hereby confirmed and the appeal of that decision is de
based upon the facts set out in the Planning Department S
Report dated November 20, 1991, the evidence before the Plan
Commission, the evidence as set forth in City Council Agenda
NO. 11,501, and the testimony before the City Council all of F;
are incorporated herein by reference.
4. This action of denial is final the date
resolution is adopted by the City Council. The provisio
Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits
Judicial Reviewtt 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.'l
PASSED, APPROVED AND ADOPTED at a Regular Meeting of
City Council of the City of Carlsbad on the 4th day of Febr
1992, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Larson, Stanton & Nyge
NOES: None
ABSENT : None
ATTEST :
ALETHA L. RAUTENKRANZ, City \Clerk
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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: GARDALITY 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; a:
WHEREAS, said verified application constitutes a request as provided by'
21 of the Carlsbad Municipal Code; and
WHEREAS, the- Planning Commission did, on the 20th day of Noverr
1991, hold a duly noticed public hearing as prescribed by law to consider said request;
WHEREAS, at said public hearing, upon hearing and considering all testin
and arguments, if any, of all persons desiring to be heard, said Commission considere
factors relating to the Tentative Tract Map and Planned Unit Development.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commi! 1 as follows:
I I A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Conmi
DENIES CT 90-33, based on the following findings:
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I/ e 0 // Findinns:
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1. The project is not consistent with City‘s Planned Development Ordinance and
Guide!lines Manual. As discussed in the staff report, the application of the P
Development standards diminishes the quality of the existing project by TT
landscaped open space areas and privately used yards. The project does not l
with specific Planned Development design criteria requiring a well intt
internal circulation system and centrally located, easily accessible a
recreation areas..
2. The project is cobistent with the City‘s General Plan since the proposed da
9.2 du’s/acre is within the density range of 8-15 du’slacre specified for the
indicated on the Land Use Element of the General Plan, and is at or bel
growth control point of 11.5.
PASSED; APPROVED, AND ADOPTED at a regular meeting of the P
Commission of the City of Carlsbad, California, held on the 20 day of November, 1
the following vote, to wit:
AYES: Chairman Holmes, Commissioners: Schlehuber, Sc
Savary & Noble.
NOES: None.
ABSENT: Commissioners: Erwin & Hall.
ABSTAIN: None. 1 n , \ ,/. ’., ! .! t, ; (0
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~~vkOBEkT~k-Klr;ri?E$, Chairperson
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CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. H~ZMI~ER
PLANNING DIRECTOR
PC RES0 NO. 3306 -2-
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PLANNING COMMISSION RESOLUTION NO. 3307
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, DENYING OF A 12 UNIT AIRSPACE CONDOMINIUM CONVERSION ON PROPERTY
GENERALLY LOCATED ON THE NORTH SIDE OF UNICORN10
STREET.
CASE NAME: GARDALITY CONDOMINUM CONVERSION
CASE NO: CP 90-10
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.
lo
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has been filed with the City of Carlsbad and referred to the Planning Commission; an
WHEREAS, said verified application constitutes a request as provided by T
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14 WHEREAS, the Planning Commission did, on the, 20th day of Noveml
15 1991, hold a duly noticed public hearing as prescribed by law to consider said request; i
16 WHEREAS, at said public hearing, upon hearing and considering all testimc
I" and arguments, if any, of all persons desiring to be heard, said Commission considerec
21 of the Carlsbad Municipal Code; and
l8 /I factors relating to the Tentative Tract Map and Planned Unit Development.
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20 I NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commis:
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B) That based on the evidence presented at the public hearing, the Commis: 23
A) That the above recitations are true and correct.
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as follows:
DENIES of CP 90-10, based on the following findings:
B
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I Findings:
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1. The project is not consistent with City's Planned Development Ordinance and D
Guidelines Manual. As discussed in the staff report, the application of the Pla
Development standards diminishes the quality of the existing project by red
landscaped open space areas and privately used yards. The project does not cc
with specific Planned Development design criteria requiring a well integ
internal circulation .$stem and cenfraily located, easily accessible con
recreation areas.
5' 2. The project is consistent with the City's General Plan since the proposed dem
6 indicated on the Land Use Element of the General Plan, and is at or belo
9.2 du's/acre is within the density range of 8-15 du's/acre specified for the I
7 growth control point of 11 5.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Pla
Commission of the City of Carlsbad, California, held on the 20th day of November,
by the following vote, to wit:
AYES: Chairman Holmes, Commissioners: Schlehuber, Sch Savary & hoble.
NOES: None.
ABSENT: Commissioners: Erwin & Hall.
ABSTAIN: None. !-?
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ROBERT HOLMES, Chairperson
CARLSBAD PLANNING COMMISSION
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ATTEST:
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23 MICHAEL J. H~MIL~~R
PLANNING DIRECTOR
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26 // PC RES0 NO. 3307 -2-
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