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HomeMy WebLinkAbout1974-05-07; City Council; 3055-1; Condominium Conversion•T H- E* • C I T Y /""*, F CARLSBAD, "***, CALIFORNIA' */Agenda Bill No. ^0£& *• /It^fAlf m*-t" ' Date: May 7, .1974 ff? Referred To: • • I Subject: Condominium Conversion for - submitted By: . DR. LOIS J. SMART ^Planning Department 'Statement of the Matter The City Council approved a request for the conversion of an 8 unit apartment complex to a condominium on April 16, 1974, and requested that the proposed condominium conversion be returned to the Planning Commission .for their, recommendation on the Conditions of Approval. • The Planning Commission, at their meeting of April 23, 1974, recommended that nine (9) conditions be included in the proposed condominium conversion. The • Planning Commission., by minute motion,'recommended approval of the conditions outlined in the report to the City Manager of April 25, 1974. Exhibi t 1. Report to City Manager of April 25, .1974 2. Planning Commission Resolution No. 1053 (dated 3-26-74, recommending Denial , without prejudice). 3. Resolution No staff Recommendations to the City Manager: Staff recommends approval of the proposed condominium conversion, subject to the nine (9) conditions as outlined in City Manager report of April 25, 1974. AB No .Date: May 7, 1974 City Manager's Recommendation Concur with staff recommendation. Council Action 7- 7f CONTINUE TO 5-21-74 The condominium conversion was approved and Resolution #3409 adopted. — 2 — /-S April 25, 1974 TO: CITY MANAGER FROM: PLANNING DIRECTOR SUBJECT: AGENDA BILL NO. 3055 - TENTATIVE MAP FOR DR. LOIS J. SMART The Planning Commission was presented with a report on City Council action on Dr. Lois J. Smart's request for converting an existing 8 unit apartment complex to a condominium. Staff, as part of the report, recommended that nine (9) conditions be included as part of the Tentative Map approval. The Commission concurred with the findings of staff, and as a result, the following conditions are recommended to the City Council for inclusion as part of the approval of CT 74-1: 1. The development of the property described herein shall be subject to the restrictions and limitations set forth herein which are in addition to all the requirements, limitations and restrictions of all municipal ordinances and State and Federal statutes now in force, or which, hereafter, may be in force for the purpose of preserving the residential characteristics of adjacent properties. 2. The C.C. & R's for this development shall be submitted to the Planning Director for review and approval prior to the issuance of any building permits. 3. Park-in-Lieu fees shall be granted to the City prior to City Council approval of the Final Map. 4. All public improvements shall be made in conformity to the City of Carlsbad Engineering Design Criteria and Standard Plans, the Subdivision Ordinance and other City Standards, to the satisfaction of the City Engineer, without cost to the City of Carlsbad, and free of all liens and encumbrances. Improvement plans for water and sewer systems shall meet the requirements of the respective service districts. 5. Ornamental street lighting shall be provided for as required by Municipal Ordinance Code. The developer shall post a bond and/or cash in the ampunt necessary to energize said street lights for an eighteen month period after construction, to permit the incorporation of the subdivision into a maintenance district. 6. All land and/or easements required by this ORdinance shall be granted to the City of Carlsbad without cost to the City, and free of all liens and encumbrances. No easements shall be recorded prior to recordation of the final map unless approved by the City Engineer. -2-o 7. The applicant shall enter into a future agreement to construct ornamental street lights along the public frontage of the subject property. 8. An offer of dedication of an easement for public street purposes of 5 ft. in width, for the full frontage of the subject property along Ocean Street, shall be made to the City of Carlsbad in a manner acceptable to the City Engineer. 9. The applicant shall revitalize the existing landscaping along the southerly boundary of the subject property in a manner acceptable to the Director of Parks and Recreation. DONALD A. AGATEP, Planning Director o PLANNING COMMISSION RES ( NO. 1053 1 2 *Ztj 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 29 30 31 32 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD. CALIFORNIA, SETTING FORTH ITS FINDINGS AND RECOMMENDING TO THE CITY COUNCIL, THE DENIAL, WITHOUT PREJUDICE, OF A TENTATIVE MAP (CT 74-1) WHICH WOULD ALLOW THE.CONVERSION OF AN EXISTING EIGHT UNIT APARTMENT COMPLEX TO A CONDOMINIUM DEVELOPMENT, ON PROPERTY GENERALLY LOCATED AT THE NORTHWEST CORNER OF THE INTER- SECTION OF OCEAN STREET AND GRAND AVENUE. APPLICANT: DR. LOIS J. SMART WHEREAS, the Planning Commission of the City of Carlsbad did receive a verified application from DR. LOIS J. SMART, requesting approval of a Tentative Map (CT 73-60), incorporated herein by reference, to allow the» conversion of an existing eight (8) unit apartment complex to a condominium development, on property generally located at the northwest corner of the intersection of Ocean Street and Grand Avenue, and more particularly described as follows: , Lots 53 and 54, Block "A" of Map No. 2 of the Hayes Land Company in the City of Carlsbad, County of San Diego, State of California, according to the Map thereof No. 1221. WHEREAS, said application has been declared to be exempt from the City of Carlsbad Environmental Protection Ordinance of 1972 requirements; and, NOW, THERFORE, BE IT RESOLVED'by the Planning Commission of the City of Carlsbad, that it does hereby recommend DENIAL, WITHOUT PREJUDICE, to the City Council of the herein referenced Tentative Map (CT 74-1), for the following reasons:, 1. inadequacy of parking based on existing Municipal Code requirements. » ' ' 2. condominium conversion should not be approved until a condominium conversion policy has been adopted by the City. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Carlsbad, does hereby recommend to the City Council, the Denial of the herein described Tentative Map (CT 74-1) for the reasons stated above. XX XX XX 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 29 30 31 32 PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of Carlsbad, California, at their regularly scheduled meeting of March 26, 1974, by the following vote, to wit: AYES: Commissioners Casler, Forman, Little, Jose, Wrench & Dominguez NOES: none ABSENT: none. ±L (I MARY CASLER, Chairman ATTEST: DONALD A. AGATEP, Secretary 1 2 3 4 5 6 7 8 9 10 11 12 13 14 • i I 15m < oi O u. i" - 1 A Q O 5'Z •"•" l£ > 2o *= —i *L / o CQ «••• Z P CO 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 RESOLUTION NO. 3409 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS TENTATIVE MAP (CT 74-1) FOR AN 8-UNIT APARTMENT COMPLEX TO BE CONVERTED TO A CONDOMINIUM. APPLICANT: DR. LOIS J. SMART. WHEREAS, on the 26th day of March, 1974, the Carlsbad City Planning Commission adopted Resolution No. 1053 recommending to the City Council that Tentative Map (CT 74-1) be denied; and WHEREAS, the City Council of the City of Carlsbad, on the 16th day of April , 1974, considered the recommendation of the Planning Commission and requested that the proposed condo- minium conversion be returned to the Planning Commission for their recommendation on conditions for approval; and WHEREAS, on the 23rd day of April, 1974, the Carlsbad City Planning Commission recommended that nine conditions be included in the proposed condominium conversion; and WHEREAS, said Tentative Map has been declared to be exempt from the requirements of the City of Carlsbad Environmental Pro- tection Ordinance of 1972; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: A. That the above recitations are true and correct. B. That Tentative Map (CT 74-1) is hereby approved, sub- ject to the execution and/or fulfillment of the following conditions 1. The development of the property described herein shall be subject to the restrictions and limitations set forth herein which are in addition to all the requirements, limitations and restrictions of all municipal ordinances and state and federal statutes now in force, or which, hereafter, may be in force for the purpose of preserving the residential characteristics of adjacent properties. 2. The CC&R's for this development shall be submitted to the Planning Director for review and approval prior to the issuance of any building permits. 3. Park-in-lieu fees shall be granted to the City •prior to City Council approval of the final map. Q m 3 u.' • S< *~ *" o • O I - mHO v> 1 2 .3 4 5 6 7 8 9 10 11 12 13 14 CO 1 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 4. All public improvements shall be made in conformity to the City of Carlsbad Engineering Design Criteria and Standard Plans, the Subdivision Ordinance and other City standards, to the satisfaction of the City Engineer, without cost to the City of Carlsbad, and free of all liens and encumbrances. Improvement plans for water and sewer systems shall meet the requirements of the respective service districts. 5. Ornamental street lighting shall be provided for as required by Municipal Ordinance Code. The developer shall post a bond and/or cash in the amount necessary to energize said street lights for an eighteen-month period after construction, to permit the incorporation of the subdivision into a maintenance district, 6. All land and/or easements required by this ordinanc shall be granted to the City of Carlsbad without cost to the City, and free of all liens and encumbrances. No easements shall be recorded prior to recordation of the final map unless approved by the City Engineer. 7. The applicant shall enter into a future agreement to construct ornamental street lights along the public frontage of the subject property. 8. An offer of dedication of an easement for public street purposes of five feet in width for the full front- age of the subject property along Ocean Street shall be made to the City of Carlsbad in a manner acceptable to the City Engineer. 9. The applicant shall revitalize the existing land- scaping along the southerly boundary of the subject prop- erty in a manner acceptable to the Director of Parks and Recreation. C. That said Tentative Map, together with the provisions for its design and improvement and subject to the above conditions, is consistant with all applicable general and specific plans of the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 21st day of May _, 1974, by the following vote, to wit: AYES: Councilmen Frazee, Chase, McComas and Lewis. NOES: None ABSENT: None ATTEST : ROBERT C. FRAZE MARGARET E. ADAMS, (City Clerk 2.