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HomeMy WebLinkAbout1986-09-16; Design Review Board; Resolution 1041 2 3 4 5 6 7 a 9 10 13 12 13 14 15 16 17 ia 19 20 21 22 23 24 25 26 27 28 DESIGN REVIEW BOARD RESOLUTION NO. 104 A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF CARLSBAD, CALIFORNIA, DENYING A REDEVELOPMENT PERMIT TO CONSTRUCT FIVE TENNIS COURTS AND A 1335 SQUARE FOOT CLUBHOUSE IN THE OAK AND PINE STREETS IN THE DOWNTOWN REDEVELOPMENT AREA. APPLICANT: CARLSBAD INN TENNIS CLUB AT&SF RAILROAD RIGHT-OF-WAY GENERALLY BETWEEN CASE NO: RP 87-2 WHEREAS, a verified application has been filed with the City of Carlsbad and referred to the Design Review Board; and WHEREAS, said verified application constitutes a request as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, pursuant to the provisions of the Municipal Code, the Design Review Board did, on the 16th day of September, 1987, hold a duly noticed public hearing to consider said application on property described as: That portion of that certain 200 foot right-of-way of the Atchison, Topeka, and Santa Fe Railway Company as granted to California Southern Railway company under the provisions of the Act of Congress of March 3, 1875 (18 STAT. 4821, and shown on the Map of said right-of-way filed in the Office of the Secretary of the Interior March 14, 1881, and approved May 12, 1881, lying within Lot 7 of Section 1 Township 12 South, Range 5 West, and in the West Half of the Southwest Quarter of Section 6, Township 12 South, Range 4 West, San Bernadino Meridian, according to the Official Plat thereof lying Southeasterly of a line drawn parallel with and 235.00 feet Northwesterly measured at right angles to the Southwesterly prolongation of the center line of Oak Avenue, as said Oak Avenue is shown on the Plat of Industrial Tract, according to Map thereof No. 1743, as filed in the Office of the County Recorder of San Diego County, and lying Northwesterly of a line drawn parallel with and 715.000 Southeasterly measured at right angles to said Southwesterly prolongation. 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 WHEREAS, at said hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Board considered all factors relating to RP 87-2. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Design RevieH Board of the City of Carlsbad as follows: (A) That the foregoing recitations are true and correct. (8) That based on the evidence presented at the public hearing, the Board DENIES RP 87-2, based on the following findings and subject to the following conditions: Findings: 1. The proposed project does not comply with the intent of the Transportation Corridor (T-C) Zone as a commercial use is being proposed. 2. The proposed project could act as a precedent for large-scale commercial development in the railroad right-of-way which is to be preserved for future light rail transit. 3. The project as proposed may create safety problems with regard to the close proximity of high speed trains. 4. The clubhouse is too massive in size for the site and breaks up an existing view corridor. ///I /I// //I/ //I/ //I/ //I/ //I/ //I/ //I/ //I/ //I/ DESIGN REVIEW BOARD RES0 NO. 104 -2- 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the Design Review Board of the City of Carlsbad, California, held on the 16th day of September, 1986, by the following vote, to wit: AYES : Board Members , Rombotis, Hall, Holmes , McCoy NOES : Board Members , McFadden ABSENT: ABSTAIN: ATTEST: CHRIS SALOMONE COMMUNITY REDEVELOPMENT MANAGER DESIGN REVIEW BOARD RES0 NO. 104 -3-