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HomeMy Public PortalAbout84-198RESOLUTION NO. 84-198 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON REVERSING THE DECISION OF THE PLANNING COMMISSION AND AFFIRMING THE DECISION OF THE COMMUNITY DEVELOPMENT DIRECTOR RE CONDITION NO. 20 OF CONDITIONAL USE PERMIT NO. 243-83 AND TENTATIVE TRACT MAP NO. 36930 THE CITY COUNCIL OF THE CITY OF CARSON HEREBY!FINDS, RESOLVES AND ORDERS AS FOLLOWS: Section L. The City Council does hereby find and determine that applications were duly filed by Mr. Ken Harryman, with respect to real property described in Exhibit "A" attached hereto, requesting the approval of a tentative tract map which would create a one (1) lot subdivision for residential condominium purposes and a conditional use permit for such use. Section 2. On January 24, 1984, the Planning Commission, following a duly noticed public hearing at which evidence, both written and oral, was duly presented to and considered by said Commission, approved Tentative Tract Map 36930 and granted Conditional Use Permit No. 243-83, subject to conditions as set forth in Planning Commission Resolutions No. 84-744 and No. 84-745,1 respectively. Section 3. Condition 20 of Conditional Use Permit No. 243=83, incorporated by reference in the conditions attached to Tentative Tract (tap No. 36930, requires that: "A tot lot be installed consistent with the improvement plans to the satisfaction of the Community Development Director." Section 4. Pursuant to Condition 20, the applicant submitted plans for a fifteen foot wide tot lot. Said plans were not approved by the Community Development Director. Section 5. Pursuant to Section 9173.4 of the Carson Municipal Code, a notice of appeal of the Director's decision regarding Condition 20 was timely filed by the applicant. Section 6. On September 25, 1984, the Planning Commission, following a duly noticed public hearing at which evidence, both written and oral, was duly presented to and considered by said Commission, considered the ,appeal of the applicant. The Commission approved the tot lot with dimensions of 18 feet by 49-1/2 feet and required that the tot lot's equipment be comparable to the equipment located at the Samoan Church on Carson Street near Wilmington Avenue. Section 7. Pursuant to Section 9173.4 of the Carson Municipal Code, a notice of appeal of the Planning Commission's decision was timely filed. On October 15, 1984, the City Council held a duly noticed public hearing to consider the appeal. Evidence, both written and oral, was duly presented to and considered by the Council at said hearing. Section 8. The Council finds that: (1) Dimensions of 18 feet by 49-1/2 feet do not provide a sufficient area for a tot lot for the proposed project. (2) The public health, safety and welfare require that sufficient playground area for children be provided in connection with condominium; developments. (3) The Director of Community Development exercised sou' d dis- cretion consistent with public health, safety and welfare in disapproving he tot lot plans as submitted to the Director. i Resolution No. 84-198/Page 2 of 2 Section 9. The City Council hereby reverses the Planning Commission's approval of the proposed tot lot and refers the matter back to the Community Development Director, with the instruction that the size and location of the tot lot, and the type of equipment located thereon, shall be to the satisfaction of the Director of Community Development, pursuant to Condition 20 of Conditional Use permit No. 243-83. PASSED, APPROVED and ADOPTED this 5th day of November _ 1984. ayor ,ATTEST: City 1N lerk STATE OF 'CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF CARSON ) I, Helen S. Kawagoe, City Clerk of the City of Carson, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing resolution, being Resolution No. 84-198 was duly and regularly adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 5th day of November, 1984, and that the same was so passed and adopted by the following vote: AYES: COUNCIL MEMBERS: DeWitt, Egan, Mills, Muise and Calas NOES: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None r Cit Clerk, City of Carso California -2-