HomeMy WebLinkAbout1979-05-15; City Council; 5835-1; Tract Map and Condominium PermitCITY OF CARLSBAD
AGENDA BILL NO. 5835- Supplement #1 Initial:
Dept.Hd.
DATE: May 15, 1979 ' ''~'~ — — -—- --- - —j- ~ "" —L """"-— v* * *»T-ty •
DEPARTMENT; City Attorney C. Mgr.
Subject: CT 79-2/CP-2, Tract Map & Condominum Permit for 8 airspace
units. Applicant: Jack West
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Statement of the Matter
The City Council at your meeting of May 1, 1979 directed
the City Attorney to prepare the necessary documents
denying Condominium Permit (CP-2) and Tentative Map (CT 79-2)
based on Planning Commission Resolution No. 1509. The
resolution of denial is attached.
Exhibit
Resolution No. ^7 "7Si •
Recommendation -
If the City Council concurs, your action is to adopt
Resolution No. v5" 7"7S. •
Council Action:
5-15-79 Council adopted Resolution 5772, denying condominium permit (CP-2)
for the conversion of an 8-unit apartment complex to a condominium
and denying Tentative Subdivision Map (CT 79-2) for said project
on a .48 acre parcel located at 445 Chestnut Street.
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RESOLUTION NO. 5772
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, DENYING CONDOMINIUM
PERMIT (CP-2) FOR THE CONVERSION OF AN EIGHT
UNIT APARTMENT COMPLEX TO A CONDOMINIUM AND
DENYING TENTATIVE SUBDIVISION MAP (CT 79-2)
FOR SAID PROJECT ON A ,48 ACRE PARCEL LOCATED
AT 445 CHESTNUT STREET. APPLICANT:
JACK WEST. ,
WHEREAS, on April 25, 1979, the Carlsbad Planning
Commission adopted Resolution No. 1.509 recommending to the
City Council that Condominium Permit (CP-2) and Tentative
Subdivision Map (CT 79-2) be denied; and
WHEREAS, the City Council of the City of Carlsbad, on
May 1, 1979, held a public hearing to consider the recommendations
of the Planning Commission and to receive all recommendations
and hear all persons interested in or opposed to Condominium
Permit (CP-2) and Tentative Subdivision Map (CT 79-2); and
WHEREAS, the City of Carlsbad, acting as Lead Agency,
has processed said property through environmental guidelines
pursuant to Title 19 of the Carlsbad Municipal Code and the
State EIR guidelines. This project has been found to be
exempt from environmental review according to Section 19.04.090(a)
(8) which exempts the division of existing multiple family
rental units into condominiums..
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. The the City Council makes the following findings
and conclusions in regard to Condominium Permit (CP-2):
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(a) It fails to meet the design criteria required
by Section 21.47.010 of the Carlsbad Municipal
Code in the following respects:
(1) The overall plan is not comprehensive
and is unsatisfactory for a proper home
ownership project in that there is no
interrelationship of the buildings,
landscaping or yards; in fact, there are
no front yards for the units.
(2) The design is a standard block apartment
building in linear form, with poor relation-
ship to buildings, openspace, landscaping
and parking, which is so arranged as to
create an almost complete lack of any private
area.
(3) The common areas and recreational facilities
are not readily accessible to all occupants
and are poorly related to the limited amount
of common openspace*provided. In particular,
the common area is a converted apartment unit
and the only other common area is located
to the rear where it is not readily
available.
(b) It was designed and built as a small apartment
building, which looks like an apartment, and
the conversion of that.structure to a condominium
is contrary to the purposes and intent of
Chapter 21.47.
3. That the City Council hereby denies approval of
Condominium Permit (CP-2) based upon the findings set out above.
4. That the City Council hereby denies approval of
Tentative Subdivision Map (CT 79-2) because a tentative subdivision
map for a condominum project may only be approved if all required
zoning approvals have been secured and in this case the
condominium permit required to allow the conversion of this
existing apartment structure to a condominium has not been
approved. Since the applicant has n9t secured the necessary
zoning approvals, the tentative subdivision map must be denied.
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PASSED, APPROVED AND ADOPTED at a regular meeting of ,the
City Council of the City of Carlsbad, California, held on the
15th day of May , 1979 by the following vote, to *
wit:
AYES: Coujicilmen Skotnicki, Anear, Lewis and
Councilwoman Casler
NOES: Councilman Packard
ABSENT: None
RONALD C. PACKARD, Mayor
ATTEST:
Si fl
6<Ljjt£ri<4L> fo.
LETHA L. RAUTE1ALETHA L. RAUTENKRANZ , City Cler
(SEAL)
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