HomeMy WebLinkAbout1981-07-07; City Council; 6634-1; 40 Unit Tentative Map & Condominium conversionCITY OF CARLSBAD
AGENDA BILL NO. 6634-Supplement #1 Initial:
Dept.Hd.
DATE: July 1, 1981 C. Atty/
C. Mgr.
DEPARTMENT: City Attorney <-^
Subject: CT 81-2/CP-147 — NEVIN - 40-UNIT TENTATIVE TRACT MAP
AND CONDOMINIUM CONVERSION PERMIT
Statement of the Matter
The City Council, at your June 16, 1981 meeting, directed the City
Attorney to prepare the necessary documents to deny CT 81-2/CP-
147. The resolution as prepared incorporates the findings of
Planning Commission Resolution No. 1791. In addition, it
incorporates findings based on Mr. Hagaman's oral report to the
Council that there was no justification for this project
excceeding the general plan minimum density. If the City Council
is satisfied that the prepared findings accurately reflect the
facts of the matter, and that those findings support the denial of
the project, your action is to adopt the resolution.
Exhibit
Resolution No.
Recommendation
If the City Council concurs, your action is to adopt ResolutionNO.
APPROVED
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RESOLUTION NO. 6597
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, DENYING TENTATIVE
SUBDIVISION MAP (CT 81-2) AND CONDOMINIUM
PERMIT (CP-147) FOR THE CONVERSION OF 40
EXISTING APARTMENTS TO CONDOMINIUMS ON PROPERTY
GENERALLY LOCATED ON THE NORTH SIDE OF TAMARACK
AVENUE, BETWEEN JEFFERSON STREET AND HIBISCUS
CIRCLE. APPLICANT; NEVIN.
WHEREAS, on May 27, 1981 the Carlsbad City Planning
Commission adopted Resolution No. 1791, attached hereto and made
a part hereof, recommending to the City Council that Tentative
Subdivision Map (CT 81-2) and Condominium Permit (CP-147) be
denied; and
WHEREAS, the City of Carlsbad, 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
categorically exempt from environmental review according to
Section 19.04.070(h) which exempts the division of existing
multiple family rental units into condominiums; and
WHEREAS, on June 16, 1981 the City Council held a
public hearing to consider the recommendations and hear all
persons interested in or opposed to Tentative Subdivision Map
(CT 81-2) and Condominium Permit (CP-147);
WHEREAS, the findings of the Planning Commission in
Resolution No. 1791 constitute the findings of the City Council,
with the addition of the following finding:
"The subject property is zoned RDM which
incorporates the density ranges of the general
plan, specifying a density range of 10-20 for
this project. The base density for this project
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is 10 units per acre. Densities in excess of
that figure may only be approved if certain
criteria are met, including the quality of
the project and the number and amount of
on-site amenities provided. This project was
constructed as an apartment ,and lacks the
amenities generally provided by condominium
developments in the City of Carlsbad. The
project as proposed does not meet any of the
criteria justifying the density in excess of
the minimum. The project is proposed at a
density of 16.6 dwelling units per acre which
is at the high end of the density range. Due
to the lack of overall quality and amenities,
the Council finds that the project as
proposed is inconsistent with the general
plan and, therefore, must be denied."
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 Condominium Permit (CP-147) is denied based
on the findings made above because:
•1. It does not satisfy the design criteria
prescribed in Section 21.47.110 of the Carlsbad Municipal Code
for condominiums.
2. The project does not comply with the
development standards prescribed in Section 21.47.130 of the
Carlsbad Municipal Code, particularly in regards to storage
space and open space.
3. The project as proposed is inconsistent with
the land use element of the Carlsbad general plan.
C. That the Subdivision and Zoning laws of the City
of Carlsbad require approval of a condominium permit before a
tentative subdivision map for a 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 must
therefore be, and hereby is, denied.
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D. That the zoning laws of the City of Carlsbad
require that the City Council deny a condominium permit if it ~
finds that the condominium project is not consistent with the
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applicable general plan. Having made that finding, the permit
is hereby denied.
E. The Subdivision Map Act and the Carlsbad
Municipal Code require that the City Council must deny approval
of a tentative subdivision map if it finds that the map is not
consistent with the applicable general plan. Having made that
finding, the map must therefore be, and hereby is, denied.
F. 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 a'fter 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."
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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 7th day of July , 1981, by the following
vote, to wit:
AYES: Council Members Packard,. Gasler, Anear, Lewis and Kulchin
NOES: None
ABSENT: None
RONALD C. PACKARD, Mayor
ATTEST:
ALETB& L. RAUpTENKRANZ, City Clerk
KAREN R. STEVEN^, Deputy City Clerk
(SEAL)