HomeMy WebLinkAbout1980-03-18; City Council; Resolution 61101
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RESOLUTION NO. 6110
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, DENYING
WITHOUT PREJUDICE TENTATIVE MAP (CT 79-24)
AND CONDOMINIUM PERMIT (CP-33) FOR THE
CONVERSION OF 40 EXISTING APARTMENTS INTO
CONDOMINIUMS ON PROPERTY GENERALLY LOCATED
ON THE NORTHWEST CORNER OF TAMARACK AND JEFFERSON STREETS. APPLICANT: E. F. COOK.
WHEREAS, on January 23, 1980 the Carlsbad City Planning
Commission adopted Resolution No. 1589, on file in the City
Clerk's office and incorporated by reference herein, recommending
to the City Council that Tentative Subdivision Map (CT 79-24)
and Condominium Permit (CP-33) 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 C0d.e 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, 1988 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 determine
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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;enera1 Plan; and
WHEREAS, on March 4, 1980, the City Council conducted a
?ublic hearing on the proposed moratorium ordinance and after
iearing from all concerned persons, unanimously adopted the
?reposed Ordinance No. 9547, on file with the City Clerk and
incorporated by reference herein: and
WHEREAS, Ordinance No. 9547 prohibits the processing or
2pproval of condominium conversions. The City Council has
letermined they are required by Ordinance No. 3547 to deny
Fentative Subdivision Map (CT 79-24) and Condominium Permit
(CP-33);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
sdopted 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 79-24) and
Condominium Permit (CP-33) 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.
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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
as
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4. This action of denial is final the date this resolution
is adopted by the City Council.
of the Carlsbad Municipal Code, "Time Limits for Judicial Review"
The provision of Chapter 1.16
shall apply:
"NOTICE TO APPLICANT
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18th day of March , 1980 by the following vote, to wit:
Cas1 er AYES:
NOES: None
Councilmen Packard, Skotnicki, Anear, Lewis and Councilwoman
ABSENT: None
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ATTEST :
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