HomeMy WebLinkAbout1980-08-19; City Council; 6313-1; 5 unit Airspace Subdivision and Condo Permit,
CITE: OF CARLSBAD
AGENDA BILL NO.6313-Supplement 1 Initial:
Dept . Hd .
C. Atty.yF4 DATE :
DF;*ARTMEN T City Attorney . C. Mgr.
August 19, 1980 .-
--- 5-L Ldj ect : FIVE UNIT AIRSPACE SUBDIVISION AND CONDOMINIUM PERMIT
APPLICANT: IJlAHIN/CRISI~J CASE NO.: CT 80-13/CP-68
Statement of the Matter
The City Council, at your meeting of August 5, 1980, directed the City Attorney to prepare documents denying Tentative
Subdivison Map (CT 80-13) and Condominium Permit (CF-68).
A resolution of denial is attached.
Exhibit
Resolution No. (OJ/~ 7 .
Recormendat ion
If.the City Council concurs, your action is to adopt
Resolution No. &2h 9 .
Council Action:
8-19-80 Council adopted Resolution 6269, denying CT 80-13 and CP-68.
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RESOLUTION NO. 6269
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CAKLSBAD, CALIFORNIA, DENYING
TENTATIVE MRP (CT 80-131 AND CONDOMINIUM
PERMIT (CP-68) FOR A 5-UNIT CONDOMINIUM
PROJECT ON PROPERTY GENERALLY LOCATED
ON THE WEST SIDE OF MADISON STREET BETWEEN
PINE AND WALNUT AVENUES. APPLICANT:
MAHIN/CHRISMAN.
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WHENAS, on June 25, 1980 the Carlsbad City Planning Conunissior
sdopted Resolution No. 1662, on file in the City Clerk's Office,
snd incorporated by reference herein, recommending to the City
2ouncil that Tentative Subdivision Map (CT 80-13) and Condominirim
Permit (CP-68)' be denied; and
WHEREAS, this project has satisfied the requirements of the
3arlsbad Environmental Protection Ordinance and the California
3nvironmental Quality Act in that a Negative Declaration issued
June 4, 1980 has been approved for the prclject; and .
WHEmAS, on August 5, 1980, the City Council held P public
iearing to consider the matter.
vas received into evidence and testimony was heard from the
Ipplicant.
lirected the City Attorney to prepare a resolution denying the
reject, based upon the facts in the staff report to the Planning
:ommission, dated June 25, 1980, on file in the City Clerk's Office,
An oral and written staff report
At the conclusion of the hearing the City Council
2nd incorporated by 'reference herein, and for the reasons set out
in said staff report and in Planning Commission Resolution No. 1662;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
:ity of Carlsbad as follows:
1. That the above recitations are true and correct.
2. That Tentative Subdivision Map (CT 80-13) and Condominium
'errnit (CT-68) are hereby denied for .the following reasons:
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A. The proposed subdivision and condominium project
is inconsistent with the Land Use Element of the General Plan
based upon the facts and for the reasons stated in the staff report
to the Planning Commission, dated June 25, 1980.
B. The proposed condominium project does not satisfy
the design criteria rquirements for condominium projects as requirec
pursuant to Chapter 21.47 of the Carlsbad Municipal Code based upon
the facts and for the reasons stated in said staff report.
C. The proposed condominium project does not meet the
development standards for condominium projects as required by
Zhapter 21.47 of the Carlsbad Municipal Code based upon the
facts and for the reasons stated in said staff report.
D. The Subdivision and Zoning laws of the City of
Zarlsbad require approval of the condominium permit before a
tentative subdivision map for a condominium project may be approved
Since the condominium permit must be denied for failure to comply
dith the requirements of Chapter 21.47, the tentative subdivision
map is not in compliance with the applicable requirements of the
local ordinance and must therefore be denied.
3. This resolution of denial is final and effective on the
$ate this resolution is adopted by the City Council. The provision!
3f Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for
a
Judicial Review" shall apply:
"NOTICE TO AFPLICANT
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 ninethieth day following
the date on which this decision becomes final; however, if
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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
19th day of Audust ' , 1980 by the following vote, to wit:
AYES : Council Members Packard, Casler, Anear, Lewis and Kulchin
NOES : None
ABSENT: None
RONALD C. PACKARD, Mayor
ATTEST:
(SEAL)
3-