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HomeMy WebLinkAbout1980-03-18; City Council; 6166-1; Apartment to condominium Conversion••'"V «*, CITY OF CARLSBAD AGENDA BILL NO. Slfifi-Snppl rnnpnl- 1 DATE: _ March 18, 198Q Initial Dept.Hd DEPARTMENT :City Attorney c • M9r • Subject: TENTATIVE MAP CONDOMINIUM PERMIT FOR THE CONVERSION OF 40 EXISTING APARTMENTS INTO CONDOMINIUMS. CASE NO.: CT 79-24/CP-33 APPLICANT : COOK . _ : __ ___ Statement of the Matter The City Council, at their meeting of March 4, 1980, directed the City Attorney to prepare a resolution denying the application for Tentative Subdivision Map (CT 79-24) and Condominium Permit (CP-33) without prejudice because of the moratorium on condominium conversions imposed by Ordinance No. 9547. Exhibit Resolution No.I I Recommendation If the City Council concurs and wishes to deny CT 79-24 and CP-33, your action is to adopt Resolution No. Council Action: 3-18-80 Council adopted Resolution 6110, denying without prejudice tentative map CT 79-24 and condominium permit CP-33 for the conversion of 40 existing cmontc in+n condominiums on property located on ' Jefferson Streets. .o • H O 1 2 3 4 5 6 7 8 9 10 11 12 8 13 14 b < § 15 ' si o| g o 16 | | 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 6110 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DENYING WITHOUT PREJUDICE TENTATIVE MAP (CT 79-24) AND CONDOMINIUM PERMIT (CP-33) FOR THE CONVERSION OF 40 EXISTING APARTMENTS INTO CONDOMINIUMS ON PROPERTY GENERALLY LOCATED ON THE NORTHWEST CORNER OF TAMARACK AND JEFFERSON STREETS. APPLICANT: E. F. COOK. WHEREAS, on January 23, 1980 the Carlsbad City Planning Commission adopted Resolution No. 1589, on file in the City Clerk's office and incorporated by reference herein, recommending to the City Council that Tentative Subdivision Map (CT 79-24) and Condominium Permit (CP-33) be denied; 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; and WHEREAS, on February 19, 1980 the City Council held a public hearing to consider the matter. Testimony was presented expressing concern about the effect of the conversion on the City's low and moderate income housing and rental stock and requesting a moratorium on conversions until the revised Housing Element to the General Plan is adopted. The City Council determine to continue the hearing to March 4, 1980 in order to conduct • a noticed public hearing on a proposed interim urgency ordinance, imposing a moratorium on all condominium conversions pending the conclusion of the ongoing review of the Housing Elment to the O CO 1 2 3 4 5 6 7 8 9 10 11 12 13 fSll 14 ifcs§ 15O •«= —'-•• • is£ I 8 a 16lil «c. CNJ rf M~3 17> P (E J-' O H O 18 19 20 21 22 23 24 25 26 27 28 General Plan; and WHEREAS, on March 4, 1980, the City Council conducted a public hearing on the proposed moratorium ordinance and after hearing from all concerned persons, unanimously adopted the proposed Ordinance No. 9547 , on file with the City Clerk and incorporated by reference herein; and WHEREAS, Ordinance No. 9547 prohibits the processing or approval of condominium conversions. The City Council has determined they are required by Ordinance No. 9547 to deny Tentative Subdivision Map (CT 79-24) and Condominium Permit (CP-33); however, they wish to do so without prejudice, allowing the applicant to refile when the currently ongoing review of the housing element is complete, any necessary implementing ordinances adopted and the moratorium lifted; 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 Tentative Subdivision Map (CT 79-24) and Condominium Permit (CP-33) are hereby denied without prejudice as required by Ordinance No. 9547, which imposes a moratorium on the processing and approval of condominium conversions. 3. That the Subdivision and Zoning laws of the City of Carlsbad require approval of a condominium permit before a tentative subdivision map or condominium conversion may be approved. Since the condominium permit has been denied, the tentative subdivision map, as filed, is not in compliance with the applicable requirements of local ordinance and is, therefore, denied without prejudice. 2. 4. This action of denial is final the date this resolution 2|is adopted by the City Council. The provision of Chapter 1.16 31 of the Carlsbad Municipal Code, "Time Limits for Judicial Review" 4 shall apply: "NOTICE TO APPLICANT 6 7 8 9 10 11 12D S g n-zj g J-0 o-5 si I*O O 2 = ^ >• m Olg<t 15 £ fc 8 D- 16UJ Z CM < M 1 i? g ° 18 19 20 21 22 23 24 25 26 27 28 The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking judicial review must be filed in the appropriate court not later than the ninetieth day following the date on which this decision becomes final; however, if within ten days after the decision becomes final a request for the record of the proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cost of preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Elm Avenue, Carlsbad, California, 92008." PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, held on the 18th day of Marrh • 1980 by the following vote, to wit: AYES: Councilmen Packard, Skotnicki, Anear, Lewis and Councilwoman Casler NOES : None ABSENT: None ^r--~) ^y •? "RONALD C. PACKARD, Mayor ATTEST: ALETHA L. RAUTENKRANZ, City CLdrk (SEAL) 3.