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HomeMy WebLinkAbout1978-07-04; City Council; 5484-1; Airspace Subdivision for 3 Unit CondominiumW CITY OF CARLSBAD AGENDA BILL NO. 5484-Supplement #1 Initial: Dept.Hd. DATE: July 4, 1978 DEPARTMENT: City Attorney C. Mgr. Sub3ect: AIRSPACE SUBDIVISION FOR A 3 UNIT CONDOMINUM. CASE NO. CT 78-2 APPLICANT; 350 Jerez Company ; . Statement of the Matter The City Council, at your June 20, 1978 meeting, directed the City Attorney to prepare a resolution denying the subject subdivision. A resolution in that regard is attached. Exhibit Resolution No. C Recommendation . If the City Council concurs, your action is to adopt Resolution No. CJTV7/ v • V Council action: 7-5- 78 Resolution No. 5471 was adopted, denying tentative subdivision map (CT 78-2) for three airspace condominium units on one lot, on property generally located on the west side of Jerez Court, north of Gibraltar. t» 3 ; < 8 ° to 4 5 6 7 8 9 10 11 12 13 14 5§<^ 15 sl i i 16 1 i ~ § 17> (- ec J-' 18 19 20 21 22 23 24 25 26 27 28 w RESOLUTION NO. 5471 A RESOLUTION OF THE CITY COUNCIL OF THE • CITY OF CARLSBAD, CALIFORNIA, DENYING TENTATIVE SUBDIVISION MAP (CT 78-2) FOR THREE AIRSPACE CONDOMINIUM UNITS ON ONE LOT, ON PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF JEREZ COURT, NORTH OF GIBRALTAR. APPLICANT; 358 JEREZ COMPANY. WHEREAS, on May 24, 1978 the Carlsbad City Planning Commission adopted Resolution No. 1447 recommending that Tentative Subdivision Map (CT 78-2) be denied; and WHEREAS, the City Council, of the City of Carlsbad, on June 20, 1978, held a public hearing to consider the recommendation of the Planning Commission and to receive all recommendations and • hear all persons interested in or opposed to Tentative Subdivision Map (CT 78-2); and WHEREAS, said Tentative Subdivision Map has been declared to have a nonsignificant impact on the environment and a Negative Declaration has been prepared and filed in compliance with the requirements of the City of Carlsbad Environmental Protection Ordinance of 1972; . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: 1. That the above recitations are true and correct. 2. That the City's Sewer Moratorium Ordinance does not allow the application or processing of subdivision maps unless the applicant can demonstrate that he has obtained sewer permits for the project. The Tentative Subdivision Map (CT 78-2) was accepted and processed in violation of that ordinance because the applicant had only obtained three sewer permits instead of the required five and, therefore, the subdivision must be denied. •;. 3. That the applicant has hot presented satisfactory evidence that school facilities are available to serve the project. The affected school districts have both passed resolutions of overcrowding and have refused to issue assurances that Q 00co * < du.o o 5 rxwu.' • Z^(j i *l* u 1 2 3 4 5 6 7 8• 9 10 11 12 1 13 O) Si 14g g <t 15 w O 80 16 " m ' | 17 o 18 19 20 2i 22 23 24 25 26 27 28 school facilities will be available to serve the development. In the absence of such evidence, the City Council finds that the public facilities element of • the General Plan has not been satisfied and; therefore, the subdivision is not consistent with the Carlsbad General Plan and must be denied. 4. That Tentative Subdivision Map (CT 78-2) is located within the boundaries of the Encinitas and San Diequito School Districts which have adopted resolutions of over- crowding pursuant to SB 201. The City Council has concurred in those resolutions. As a result, State law provides that the Council may not approve the subdivision unless there is either a school fee ordinance in effect or the City Council makes overriding findings. The City is in the process of adopting that ordinance but it is not yet in effect. The City Council finds that there was no evidence presented that would indicate approval of this project would be of significant benefit to the City to justify the overriding requirements in SB 201. Therefore, the City Council is required, as a matter of State law, to deny this project. an adjourned PASSED, APPROVED AND ADOPTED at / regular meeting of the City Council of the City of Carlsbad, California, held on the 5th day of July , 1978 by the following vote, to wit: AYES: Councilman Packard, Skotnicki, Anear, Lewis and Councilwoman Casler NOES: None ABSENT: None . ^(^i^^.^2^j(RONALD C. PACKARD, Mayor ATTEST : . Margaret E. Adams MARGARET E. ADAMS, City Clerk /) /~)1 f* *n TI T \ D \ / • f w tf ^r~f - * ^jr^ *rf^r Tr~"^ M(SEAL) By: fJ^J^Xfu^ S\. V^^LU^J^Ay^^^ Deputy City Clerk ^ •>• '. . 2. c"