HomeMy WebLinkAbout1980-02-05; City Council; 6101-1; 8 Apartments to condominiums conversionCITY OF CARLSBAD
AGENDA BILL NO. 6101-Supplement 1
DATE: _ February 5f 1980
Initial:
Dept.Hd.
DEPARTMENT:City Attorney C. Mgr
APPT.TPANT;
Subject: « TENTATIVE APPLICATION FOR ODNDOMINIUM PERMIT FOR A CONVERSION OF
3 APARTMENT UNITS TO COMXMDSIIUt-lS CASE NO.: CT 79-19/CP-22
Statement of the Matter
The City Council, at your meeting of January 15, 1980, directed
the City Attorney to prepare the necessary documents approving
Tentative Subdivision Map (CT 79-19) and Condominium Permit
(CP-22) . The resolution of approval is attached.
Exhibit
Resolution No .
Recommendation
If the City Council concurs, your action is to adopt
Resolution No. (a Q £, .
Council Action:
2-5-80 Council adopted Resolution 6076, approving with conditions
CT 79-19/CP-22.
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RESOLUTION NO. 6076
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
WITH CONDITIONS TENTATIVE SUBDIVISION
MAP (CT 79-19) FOR AN 8-UNIT CONDOMINIUM
PROJECT AND APPROVING CONDOMINIUM PERMIT
(CP-22) FOR SAID PROJECT ON APPROXIMATELY
.41 ACRE, GENERALLY LOCATED ON THE
NORTHEAST CORNER OF GIBRALTER AND
LA COSTA AVENUE. APPLICANT; BODJANAC.
WHEREAS, on January 23, 1980 the Carlsbad Planning Commission
adopted Resolution No. 1572 recommending to the City Council
that Tentative Subdivision Map (CT 79-19) and Condominium Permit
(CP-22) be conditionally approved; and
WHEREAS, the City Council of the City of Carlsbad on
December 18, 1979 and January 15, 1980 held public hearings to
consider the recommendations of the Planning Commission and to
receive recommendations and hear all persons interested in or
opposed to Tentative Subdivision Map (CT 79-19) and Condominium
Permit (CP-22); and
WHEREAS, this project has been processed through
environmental review as required in Title 19, the Environmental
Protection Ordinance, and has been found to be exempt by reason
of Section 19.04.090(a)(8) which exempts the division of
existing multiple-family rental units from the environmental
impact assessment process;-and
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 the findings of the Planning Commission in
Resolution No. 1572 constitute the findings of the City Council
in this matter.
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C. That said Tentative Subdivision Map, together with
the provisions for its design and improvement and subject to
the conditions of this resolution, is consistent with all
applicable general and specific plans of the City of Carlsbad.
D. That Tentative Subdivision Map (CT 79-19) and
Condominium Permit (CP-22) are hereby approved subject to all
applicable requirements of the Carlsbad Municipal Code and to
the satisfaction of the following conditions:
1. Approval is granted for CT 79-19/CP-22 as shown in
Planning Commission Exhibits CT 79-19/CP-22 A, A-l, B & C
dated September 28, 1979, on file in the Planning Department,
and incorporated by reference herein. Development shall occur
substantially as shown on those Exhibits, except for modifications
required herein.
2. The applicant shall submit a reproducible copy of the
condominium plan prior to approval of the final map. This
plan shall incorporate all requirements of approval and shall
be subject to approval of the Planning Director.
3. The applicant shall comply with all rules and regulation
of the respective sewer and water districts regarding service
to the property.
4. The applicant shall pay park-in-lieu fees prior to
approval of the final map.
5. The applicant shall provide extra storage for units 5
and 6 in the carport area. This storage shall not extend into
the parking area and shall be shown on the final condominium
plan.
6. All planter areas in the parking and driveway area
shall have a minimum 6" concrete curb surrounding the planter.
7. The on-site guest space is specifically not approved
since it is in the sideyard. The extra space can be provided
on-street on Gibraltar.
8. All four guest spaces on Gibraltar shall be marked.
The two end spaces shall be 20' long.
9. The applicant shall pay a public facility fee as
established in City Council Policy No. 17 according to the
secured agreement for that purpose executed by the applicant.
10. The fina] condominium plan shall include a note
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indicating that separate utilities and laundry facilities will
be provided.
11. Prior to approval of the final map, the applicant shall
provide evidence that all tenants have been given 120 days
written notice of intention to convert prior to termination of
tenancy due to the proposed conversion.
12. Prior to approval of the final map, the applicant
shall provide evidence that all tenants have been given notice
of an exclusive right to contract for the purchase of their
respective units upon the same terms and conditions that such
units will be offered to the general public or terms more
favorable to the tenant. The right shall run for a period of
not less than 60 days from the date of issuance of the subdivision
public report pursuant to Section 11018.2 of the Business and
Professions Code, unless the tenant gives prior written notice
of his intention not to exercise the right.
13. The trash container shall be enclosed by a 6' high
masonry wall and a metal framed solid gate.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
City Council of the City of Carlsbad, California, held on the
5th day of February > 1980 by the following vote, to wit:
AYES:
NOES:
Councilmen Packard, Skotnicki,
Councilwoman Casler
Councilman Lewis
Anear and
ABSENT: None
RONALD C. PACKARD, Mayor
ATTEST :
*?• KoAjM^?.A.^w
ALETHA L. RAUTENKRANZ, City Cleik
(SEAL)
3.