HomeMy WebLinkAbout1978-03-07; City Council; 5367; Condominium Conversion RequestFebruary 7, 1978
Mr. Paul Bussey
City Manager
City of Carlsbad
1200 Elm Avenue
Carlsbad, Ca. 92008
Re: Minor Subdivision Processing for Duplex Lot
La Costa, Lot 216
Dear Mr. Bussey:
In December of 1976, I submitted exhibits for the
purpose of condominiumizing two duplex lots in La Costa, these
lots being 167 and 168. Please note I did not submit Lot 216
at that time. These three lots all contain the same duplex build-
ing with the only exception being differences in trim. Lot 216
was not submitted for Minor Subdivision at the same time ?.s my
Lots 167 and 168 (Minor Subdivision 301) because during the process-
ing of MS 301, no further action could be taken on that-application
until the San Marcos School District had made up their minds as to
handling the fees. Consequently, I did not make an application
for Lot 216 until the fee situation was resolved so that all exhibits
could come in at the same time.
The duplex building on Lot 216 is being built identical
to that being built on Lots 167 and 168 and these duplexes were
designed for condo sales. That design criteria covers, as you know,
the common wall and utility hookups. My intent for the past six
months has been to sell each side. My plans and specifications are
all made to conform and my engineer, Roger Snipes of Snipes and
Salerno has drawn the condominium exhibits and the condominium map.
In view of the recently enacted.moratorium on condo
conversions, my Lot 216 is not being accepted for processing of a
Minor Subdivision. Had I been aware of this in December, I would
have filed the application even though the School District had not
determined policy. I am asking for a .waiver from the moratorium
on Lot 216 in view of the fact that my intent has always been to
file a map; that the plans and construction has been processed
accordingly; that on December 21, 1977, the San Marcos District
issued me a letter that covers all three lots in order that process-
ing could begin. In other words, it will be a hardship in marketing
this unit because of the additional dost involved in setting it up
for condominiumizing.
Frank M. Newberry
Mr. Paul Bussey • February 2, 1978
City Manager • Page 2
City of Carlsbad
1200 Elm Avenue
Carlsbad, Ca. 92008 . . -• "
Re: Minor Subdivision Processing for Duplex Lot
La Costa, Lot 216
The unit should be completed within 60 days. With
the need to get these buildings started under construction because
of the time limitation imposed by the Sewer District and then
again, the holdup by the San Marcos District in working out a fee
schedule, I am asking that your department allow me to process
this duplex building as a condominium. To further show my
intention, I'm enclosing copies of the condominium plan that was
drawn up on Lot 216 plus the Tentative Parcel Map that is prepared
to be submitted with my school letters.
Very truly yours,
u^^Frank Newberry I
Office Phone: 298-7580 '
FN:rnr
Ends.
san marcos unified school district
~" 270 san mnrcos boulevard
san marcos, California 92C69
phone (734) 744-4776
December 21, 1977
MEMBERS OF THE CITY COUNCIL
City of Carlsbad '
1200 Elm Avenue
Carlsbad, California 92008
Subject: First Coastal Enterprises
Mr. Frank Newberry
RE: Lots 216, 168 & 167
of La Costa Meadows
Unit #1
Honorable Mayor and Members of the City Council:
This development and others already approved will have a negative impact
on the ability of the San Marcos Unified School District to provide
facilities for the students generated by this development. San Marcos
High School is above capacity now and will be very close to capacity when
the additions to the high school presently under development are completed.
The elementary school serving the area in which this development is located
is very close to capacity now,
The impact of this proposed development can be mitigated by compliance with
San Marcos Unified School District Policy dated October 18, 1977. The
developer, First Coastal. Enterprises has complied with district policy.
Sincerely,
James C. Ketcherside
Assistant Superintendent
OCK/ld
cc: Mr. Frank Newberry
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ORDINANCE NO. 9495
AN INTERIM ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF CARLSBAD, CALIFORNIA,
ADOPTED AS AN URGENCY MEASURE PROHIBITING
THE PROCESSING OF SUBDIVISIONS FOR THE
CONVERSION OF EXISTING STRUCTURES TO
CONDOMINIUMS.
WHEREAS, the Planning Director reported to the City Council
on September 6, 1977 that problems had arisen in connection with
the conversion of existing structures to condominiums. The primary
problem was the lack of any ordinance regulating such conversions
and, in particular, the lack of any standards for such things as"
curb cuts, on-site parking and ammenities for home ownership
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•living; and
WHEREAS, pursuant to City Council direction the Planning
Department has been working on the problem of condominium
conversions and is considering, among other things, changes in
the existing zoning and subdivision ordinances to include
standards for the conversion of condominiums; and
WHEREAS, upon the recommendation of the Planning Directorr
the City Council set a public hearing on the question of whether
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or not the public interest requires the temporary prohibition of'.
.condominium conversions until the study can be completed; and
WHEREAS, on January 17, 1978, a duly noticed public hearing
was held, at which time all interested persons were heard. At
the conclusion of said hearing the City Council determined "that»
the public interest requires the temporary prohibition of con-
dominium conversions; .t
NOW, THEREFORE, BE IT ORDAINED by the City Council of the
City of Carlsbad, California, as followst. • •,
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SECTION 1: Notwithstanding any other provisions of thei •
Carlsbad Municipal Code to the contrary, applications for any
subdivision which involves the conversion of an existing structure
to a condominium shall not be accepted, processed or approved '.
within the City of Carlsbad. This ordinance shall not apply to .. * *
subdivisions for which applications were on file or tentative maps
approved prior to January 17, 1978.
SECTION 2: This Interim Ordinance is adopted as an
urgency measure pursuant to California Government Code §65858,
for the reasons set out in the recitals hereto and shall take
effect immediately. The ordinance adopted after a properly noticed
public hearing shall be for one year, unless earlier repealed.
SECTION 3i The City Clerk shall certify to the adoption
of this ordinance and cause it to be published at least once in the
Carlsbad Journal within fifteen days after it is adopted.
APPROVED, PASSED AND ADOPTED at a regular meeting of the
City Council of the City of .Carlsbad, California, held on the
17th day of January , 1978, by the following vote, to wit:
AYES: Councilman Frazee, Lewis, Packard, Skotnicki and
Councilwoma-n Casler
NOES: None * «•.
ABSENT: None
ROBERT C. FRAZEE, May
ATTEST:
/ I '• f ' '• t f^f f-f-"^ ** • '^ i '-fn-^'sf^r ^rMARGAl^TE. ADAMS, (Jity Clerk
(SEAL!
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