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HomeMy WebLinkAbout1980-03-18; City Council; Resolution 6111RESOLUTION NO. 6111 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DENYING WITHOUT PREJUDICE TENTATIVE MAP (CT 79-9) AND CONDOMINIUM PERMIT (CP-15) FOR THE CONVERSION OF 172 EXISTING APARTMENTS INTO CONDOMINIUMS ON PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF EL CAMINO REAL BETWEEN HOSP WAY AND MARRON ROAD. APPLICANT: HUNT ENTERPRISES. WHEREAS, on January 23, 1980 the Carlsbad City Planning Commission adopted Resolution No. 1590, on file in the City Clerk's office and incorporated by reference herein, recommending to the City Council that Tentative Subdivision Map (CT 79-9) and Condominium Permit (CP-15) 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 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; and WHEREAS, on February 19, 1980 the City Council held a public hearing to consider the matter. expressing concern about the effect of the conversion on the City's low and moderate income housingand rental stock and requesting a moratorium on conversions until the revised Housing Element to the General Plan is adopted. 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 Testimony was presented The City Council determinec Seneral Plan; and WHEFtEAS, on March 4, 1980, the City Council conducted a public hearing on the proposed moratorium ordinance and after hearing from all concerned persons, unanimously adopted the proposed Ordinance No. 9547, on file with the City Clerk and incorporated by reference herein; and WHEREAS, Ordinance No. 9547 prohibits the processing or approval of condominium conversions. The City Council has getermined they are required by Ordinance No. 9547 to deny Tentative Subdivision Map (CT 79-9) and Condominium Permit (CP-15); 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 adopted 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 79-9) and Condominium Permit (CP-15) 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. 2. 4. This action of denial is final the date this resolution s adopted by the City Council. f the Carlsbad Municipal Code, "Time Limits for Judicial Iieview" The provision of Chapter 1.16 hall apply: "NOTICE TO APPLICANT The time within which judicial review of this decision lust be sought is governed by Code of Civil Procedure, Section 094.6, which has been made applicable in the City of Carlsbad y Carlsbad Municipal Code Chapter 1.16. laper seeking judicial review must be filed in the appropriate ourt not later than the ninetieth day following the date on ,hich this decision becomes final; however, if within ten days .fter the decision becomes final a request for the record of the lroceedings accompanied by the required deposit in an amount 'ufficient to cover the estimated cost of preparation of such .ecord, the time within which such petition may be filed in court .s extended to not later than the thirtieth day following the date in which the record is either personally delivered or mailed to .he party, or his attorney of record, if he has one. A written -equest for the preparation of the record of the proceedings ;hall be filed with the City Clerk, City of Carlsbad, 1200 Elm ivenue, Carlsbad, California, 92008." Any petition or other PASSED, APPROVED AND ADOPTED at a regular meeting of the :ity Council of the City of Carlsbad, California, held on the 18th day of March , 1980 by the following vote, to wit: AYES: Councilmen Packard, Skotnicki, Anear, Lewis and Councilwoman Casler NOES: None ABSENT: None ATTEST : 6- (SEAL) 3.