HomeMy WebLinkAbout1978-07-05; City Council; Resolution 5471RESOLUTION NO. 5471
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DENYING
TENTATIVE SUBDIVISION MAP (CT 78-2)
FOR THREE AIRSPACE CONDOMINIUM UNITS
ON ONE LOT, ON PROPERTY GENERALLY LOCATED
ON THE WEST SIDE OF JEREZ COURT, NORTH
OF GIBRALTAR. APPLICANT: 358 JEREZ COMPANY.
WHEREAS, on May 24, 1978 the Carlsbad City Planning Commission
adopted Resolution No. 1447 recommending that Tentative Subdivision
Map (CT 78-2) be denied; and
WHEREAS, the City Council, of the City of Carlsbad, on
June 20, 1978, held a public hearing to consider the recommendation
of the Planning Commission and to receive all recommendations and
hear all persons interested in or opposed to Tentative Subdivision
Map (CT 78-2); and
WHEREAS, said Tentative Subdivision Map has been declared to
have a nonsignificant impact on the environment and a Negative
Declaration has been prepared and filed in compliance with the
requirements of the City of Carlsbad Environmental Protection
Ordinance of 1972:
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 the City's Sewer Noratorium Ordinance does not allow
the application or processing of subdivision maps unless
the applicant can demonstrate that he has obtained sewer
permits for the project. The Tentative Subdivision Map
(CT 78-2) was accepted and processed in violation of that
ordinance because the applicant had only obtained three
sewer permits instead of the required five and, therefore
the subdivision must be denied.
3. That the applicant has not presented satisfactory evidencc that school facilities are available to serve the project The affected school districts have both passed resolution! of overcrowding and have refused to issue assurances that
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school facilities will be available to serve the development. In the absence of such evidence, the
City Council finds that the public facilities element
of the General Plan has not been ,satisfied andj therefare,
the subdivision is not consistent with the Carlsbad General Plan and must be denied.
4. That Tentative Subdivision Map (CT 78-2) is located
within the boundaries of the Encinitas and San Diequito
School Districts which have adopted resolutions of over-
crowding pursuant to SB 201. The City Council has
concurred in those resolutions. As a result, State law provides that the Council may not approve the subdivision unless there is either a school fee ordinance in effect or the City Council makes overriding findings. is in the process of adopting that ordinance but it is not yet in effect. The City Council finds that there was no evidence presented that would indicate approval of this project would be of significant benefit to the City to justify the overriding requirements in SB 201. Therefore, the City Council is required, as a matter of State law, to deny this project.
The City
an adjourned PASSED, APPROVED AND ADOPTED at/ regular meeting of the
City Council of the City of Carlsbad, California, held on the
5th day of July , 1978 by the following vote, to wit:
AYES : Councilmen Packard, Skotnicki, Anear, Lewis and
NOES : None Councilwoman Casler
ABSENT: None
ATTEST :
Margaret E. Adams
MARGARET E. ADAMS, City Clerk
(SEAL) By:
2.