HomeMy WebLinkAbout1980-03-18; City Council; 6167-1; 172 Unit Apartment to Condominium Conversion¥i
CITY OF CARLSBAD
AGENDA BILL NO. filfi7-finrpiement 1 Initial:Dept.Hd.
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DEPARTMENT: city A+.l-nrngy _ _____ C' M9r'
Subject: TENTATIVE MAP AND CONDOMINIUM PERMIT FOR THE CONVERSION OF A 172
UNIT APARTMENT TO CONDOMINIUM. CASE NO.: . CT 79-9/CP-15.
APPLICANT: HUNT :
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 79-9) and
Condominium Permit (CP-15) without prejudice because of the
moratorium on condominium conversions imposed by Ordinance
No. 9547.
Exhibit
Resolution No. _(j> J /
Recommendation
If the City Council concurs and wishes to deny CT 79-9 and
CP-15, your action is to adopt Resolution No. £, ///
Council Action:
3-18-80 Council adopted Resolution 611L, denying without prejudice-tentative map
. CT 79-9 and condominium permit CP-15 for the'conversion of 172 existing
apartments into condominiums on property generally located on the west
side of El Camino Real between Hosp Way and Marron Road
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RESOLUTION NO. 6111
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, DENYING
WITHOUT PREJUDICE TENTATIVE MAP (CT 79-9)
AND CONDOMINIUM PERMIT (CP-15) FOR THE
CONVERSION OF 172 EXISTING APARTMENTS INTO
CONDOMINIUMS ON PROPERTY GENERALLY LOCATED
ON THE WEST SIDE OF EL CAMINO REAL BETWEEN
HOSP WAY AND MARRON ROAD. APPLICANT: HUNT
ENTERPRISES.
WHEREAS, on January 23, 1980 the Carlsbad City Planning
Commission adopted Resolution No. 1590, on file in the City
Clerk's office and incorporated by reference herein, recommending
to the City Council that Tentative Subdivision Map (CT 79-9) and
Condominium Permit (CP-15) 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 determined
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
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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 79-9) and Condominium Permit
(CP-15); 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 79-9) and
Condominium Permit (CP-15) 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.
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4. This action of denial is final the date this resolution
is adopted by the City Council. The provision of Chapter 1.16
of the Carlsbad Municipal Code, "Time Limits for Judicial Review"
shall apply:
"NOTICE TO APPLICANT
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 March , 1980 by the following vote, to wit:
AYES: Councilmen Packard, Skotnicki, Anear, Lewis and Councilwoman Casler
NOES: None
ABSENT: None
RONALD C. PACKARD, Mayor
ATTEST :
/\ .
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
3.
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