HomeMy WebLinkAbout1981-07-07; City Council; Resolution 65972
3
4
5
6
7
e
9
1c
13
19
20
21
22
23
24
25
26
27
28
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, 179 1, attached hereto and made
a part hereof, recommending to the City Council that Tentative
Subdivision Map (CT 8
denied; and
WHEREAS, the
-2) and Condominium Permit (CP-147) be
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
1
2
t
4
5
E
7
e
9
10
11
12 9
18
19
20
21
22
23
24
25
26
27
28
F - 0
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. 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."
This project was
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.
72 .r.
1
2
3
4
5
6
7
8
9
10
11
12 0
19
20
21
22
23
24
25
26
27
28
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
applicable general plan.
is hereby denied.
Having made that finding, the permit
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.
Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for
Judicial Review" shall apply:
The provision of
"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 after 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, 9 2008 . 'I
-3-
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, Menhers Packard, Casler Anear, Lewis and Kulchin
NOES: None
ABSENT: None
!ITTEST :
/RONALD C. PACKAFtD, Mayor
WdR. SdS, Deputy City Clerk
(SEAL)