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Home My WebLink About2003-04-01; City Council; Resolution 2003-090RESOLUTION NO. 2003-090 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DENYING THE TENTATIVE TRACT MAP, CONDOMINIUM PERMIT, SITE DEVELOPMENT PLAN SPACE SENIOR CONDOMINIUM PROJECT ON A 0.84 ACRE LOT ON PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF JEFFERSON STREET, NORTH OF LAGUNA DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 1 AND COASTAL DEVELOPMENT PERMIT FOR A 51-UNIT AIR- The City Council of the City of Carlsbad, California does hereby resolve as follows: WHEREAS, on December 18, 2002, the Carlsbad Planning Commission held a duly noticed public hearing to consider a proposed Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, Tentative Tract Map, Condominium Permit, Site Development Plan and Coastal Development Permit to create and develop a 51-unit air-space condominium project for senior citizens, and directed staff to further study and suwey the appropriate parking standards for similar projects in San Diego County and elsewhere; and WHEREAS, on February 5, 2003, the Carlsbad Planning Commission considered the parking standards and the applicant’s revised project providing an additional six parking spaces; and WHEREAS, the Planning Commission adopted resolution numbers 531 8, 5319, 5320, 5321 and 5322 recommending that the City Council approve the project; and WHEREAS, the City Council of the City of Carlsbad held a public hearing on March 25, 2003 to consider the recommendation of the Planning Commission and to receive public testimony both pro and con, to hear and carefully consider the public testimony and to deliberate on those recommendations and testimony, and; a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, after careful consideration of all input relevant to this project the Council finds as follows: 1. That the above recitations are true and correct. 2. That the project is well-designed and it would satisfy community need for affordable senior housing, however, the project at this location will create adverse impacts on the existing traffic and circulation system which do not justify a density bonus. The neighborhood parking and especially along Jefferson Street is already impacted and insufficient to meet existing needs at times and this project would exacerbate that situation. 3. The Council further finds that, notwithstanding the parking demand information presented to it, the parking demands of this project may exceed the 1 .I spaces per unit that have been proposed and this will add to congestion, inconvenience and detract from the quality of life in the neighborhood. 4. The Council further finds that Jefferson Street is too busy to support the size, density and intensity of this project and will add to an already difficult situation and is likely to add unacceptable amounts of traffic to this situation. 5. The Council further finds that this project would add cumulative effects to the neighborhood by adding traffic and parking demands which are likely to cause health, safety and general welfare conditions that will result in an incompatibility with the surrounding existing and future land uses in the neighborhood. 6. The Council further finds that the site is not physically suitable for the type and density of the development proposed and that the proposed project is too dense to provide essential harmony with the neighborhood and that there are no reasonable conditions that could be applied to the project to make it so. There are 3 sufficient senior projects available in the neighborhood and an additional senior project at increased density is not necessary or desirable or in harmony with the neighborhood. NOW, THEREFORE, the City Council of the City of Carlsbad, California does resolve as follows: A. The application of Villa Francesca for a Tentative Tract Map, Condominium Permit, Site Development Plan and Coastal Development Permit is denied based on the findings contained herein. B. 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 Ill Ill Ill Ill Ill Ill Ill Lt 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 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 1st day of APRIL 3 2003 by the following vote, to wit: AYES: Council Members Lewis, Hall, Packard NOES: Council Member Finnila ABSENT: None ABSTAINED: Council Memb LORRAINE M. WOOD, City Clerk (SEAL)