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HomeMy WebLinkAbout1979-05-15; City Council; Resolution 5772E E 1( 13 1E 1s c - 0 2c 21 2% 23 24 25 26 27 28 RESOLUTION NO. 5772 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DENYING CONDOMINIUM PERMIT (CP-2) FOR THE CONVERSION OF AN EIGHT UNIT APARTMENT COMPLEX TO A CONDOMINIUM AND DENYING TENTATIVE SUBDIVISION MAP (CT 79-2) FOR SAID PROJECT ON A .48 ACRE PARCEL LOCATED AT 445 CHESTNUT STREET. APPLICANT: JACK WEST. WHEREAS, on April 25, 1979, the Carlsbad Planning Commission adopted Resolution No. 1509 recommending to the City Council that Condominium Permit (CP-2) and Tentative Subdivision Map (CT 79-2) be denied: and WHEREAS, the City Council of the City of Carlsbad, on May 1, 1979, held a public hearing to consider the recommendations of the Planning Commission and to receive all recommendations and hear all persons interested in or opposed to Condominium Permit (CP-2) and Tentative Subdivision Map (CT 79-21: 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. 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. The the City Council makes the following findings and conclusions in regard to Condominium Permit (CP-2): /// /// 1 2 3 4 5 6 7 a 9 10 11 t u 18 19 20 21 22 23 24 25 26 27 28 (a) It fails to meet the design criteria required by Section 21.47.010 of the Carlsbad Municipal Code in the following respects: The overall plan is not comprehensive and is unsatisfactory for a proper home ownership project in that there is no interrelationship of the buildings, landscaping or yards; in fact, there are no front yards for the units. The design is a standard block apartment building in linear form, with poor relation- ship to buildings, openspace, landscaping and parking, which is so arranged as to create an almost complete lack of any private area. The common areas and recreational facilities are not readily accessible to all occupants and are poorly related to the limited amount of common openspace provided. In particular, the common area is a converted apartment unit and the only other common area is located to the rear where it is not readily available. (b) It was designed and built as a small apartment building, which looks like an apartment, and the conversion of that structure to a condominium is contrary to the purposes and intent of Chapter 21.47. 3. That the City Council hereby denies approval of Condominium Permit (CP-2) based upon the findings set out above. 4. That the City Council hereby denies approval of Tentative Subdivision Map (CT 79-2) because a tentative subdivision map for a condominum project may only be approved if all required zoning approvals have been secured and in this case the condominium permit required to allow the conversion of this existing apartment structure to a condominium has not been approved. Since the applicant has not secured the necessary zoning approvals, the tentative subdivision map must be denied. /// /// -2- PASSED, APPROVED AND ADOPTED at a regular meeting of ,the City Council of the City of Carlsbad, California, held on the 15th day of May , 1979 by the following vote, to wit: AYES : Councilmen Skotnicki, Anear, Lewis and NOES : Councilman Packard Councilwoman Casler ATTEST : -3-