HomeMy WebLinkAbout1980-01-09; Planning Commission; Resolution 1572*
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PLANNING COP"ISSI0N RESOLUTION NO. 1572
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE MAP AND CONDOMINIUM PERMIT FOR THE CONVERSION OF EIGHT UNITS LOCATED ON THE NORTHEAST
CORNER OF GIBRALTAR AND LA COSTA AVENUE.
CASE NO. : CT 79-19/CP-22 APPLICANT : STEVAN BODJANAC
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WHEREAS, a verified application for certain property,
wit:
Lot 433 of La Costa South, Unit No. 5, in the
County of San Diego, According to map thereof
No. 6600, as filed in the Office of the County Recorder of San Diego County, March 10, 1970
has been filed with the City of Carlsbad, and referred to 1
P1a:nning Commission; and
WHEREAS, said verified application constitutes a requa
as provided by Title 21 of the Carlsbad Municipal Code; an(
WHEREAS, this project has been processed through
environmental review as required in Title 19, the Environmc
Protection Ordinance, and has been found to be exempt by rc
of Section 19.04.090(a) (8) which exempts the conversion of
existing rental units to condominiums.
WHEREAS, the Planning Commission did, on November 28,
hold a duly noticed, public hearing as prescribed by law, .
consider said request; and
WHEREAS, at said public hearing, upon hearing and
considering all testimony and arguments, if any, of all pe:
desiring to be heard, said Commission considered all facto:
relating to the Tentative Tract Map and Condominium Permit
and found the following facts and reasons to exist:
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Findings
1) The proposed project is consistent with the General
Plan since it is within the allowed density range and
is consistent with all other elements.
2) The site is physically suitable for the type and dens:
of the development since the site is adequate in size and shape to accommodate residential development at tl proposed density and still meet all the requirements (
the City's condominium ordinance.
3) The project is consistent with all City Public Facili.
Policies and Ordinances since:
a) The applicant has sewer service from the Leucadi
County Water District for all 8 units.
b) School facilities are currently servicing this
proposed conversion and school fees are not requ
on conversions for which an application for builc
permit had been accepted prior to September 5, 1
The building permit for this project was issued 1
September 20, 1977. Therefore this conversion i
exempt from the school fee requirement.
c) Water service is provided by the Carlsbad Munici:
Water District. Separate meters have been provil
d) Gas and Electric service is provided by San Diegj Gas and Electric. Separate meters have been provided.
e) Park-in-lieu fees are required as a condition of
approval.
f) All necessary public improvements have been provided or will be required as conditions of
approval.
9) At this time, all other public facilities necess,
to serve the project will not be available concu:
with need. The Planning Commission has, by incl,
of an appropriate condition, required that the
project contribute to the costs of such facilitii
Since the development will pay its proportionate
share of the public facilities which it will
require, the Planning Commission is satisfied th,
the requirements of the public facilities elemen of the general plan have been satisfied.
4) The proposed project is exempt from environmental review according to Section 19.04.090(a)(8), which exempts the conversion of existing multiple family rental units to condominiums.
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5) The tenants shall be given adequate notice as per
Section 21.47.160 (1) and (2) as required by condition:
of approval.
WHEREAS, the Planning Commission, by the following
vote, recommended approval of CT 79-19/CP-22, subject to
certain conditions:
Conditions
I) Approval is granted for CT 79-19/CP-20 as shown in
Planning Commission Exhibits CT 79-19/CP-20 A, A-1, B
C dated September 28, 1979, on file in the Planning
Department, and incorporated herein by reference.
Development shall occur substantially as shown on tho; Exhibits, except for modifications required herein.
2) The applicant shall submit a reproducible copy of the
condominium plan prior to approval of the final map.
This plan shall incorporate all requirements of appro'
and shall be subject to approval of the Planning Dire'
3) The applicant shall comply with all rules and.regulat
of the respective sewer and water districts regarding
service to the property.
4) The applicant shall pay park-in-lieu fees prior to
approval of the final map.
5) The applicant shall provide extra storage for units 5
and 6 in the carport area. This storage shall not
extend into the parking area and shall be shown on th
final condominium plan.
6) The applicant shall agree to modify the driveway are to provide for the required 20 foot driveway and 10
foot setback for the second floor living units. The
modification shall be to the satisfaction of the Plan
Director and shall be shown on the final condominium
plan. If Section 21.47.130(1)(B) is amended, the
original design shown on Exhibits A & A-1 (9/28/79) i
acceptable.
7) All planter areas in the parking and driveway area
shall have a minimum 6" concrete curb surrounding the
planter.
8) The on-site guest space is specifically not approved
since it is in the sideyard. The extra space can be
provided on-street on Gibraltar.
9) All four guest spaces on Gibraltar shall be marked.
The two end spaces shall be 20 feet long.
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10) The applicant shall pay a public facility fee as estal
in City Council Policy No. 17 prior to approval of
the final map. This approval is expressly conditionec
upon the applicant entering into a secured agreement to secure payment of this fee prior to approval of thc
resolution for CT 79-19/CP-22 by the Planning Commisi!
11) The final condominium plan shall include a note indici that separate utilities and laundry facilities will bt provided.
12) Prior to approval of the final map, the applicant sha. provide evidence that all tenants have been given 120
days written notice of intention to convert prior to termination of tenancy due to the proposed conversion
13) Prior to approval of the final map, the applicant sha
provide evidence that all tenants have been given
notice of an exclusive right to contract for the purchase of their respective units upon the same term and conditions that such units will be offered to the general public or terms more favorable to the tenant.
The right shall run for a period of not less than 60
days from the date of issuance of the subdivision
public report pursuant to Section 11018.2 of the Busi
and Professions Code, unless the tenant gives prior
written notice of his intention not to exercise the
right.
14) The trash container shall be enclosed by a 6 foot masonry wall and a metal framed solid gate.
AYES: Schick, Rombotis, Jose, Leeds, Marcus
Friestedt, Larson
NOES: None
NOW, THEREFORE, BE IT HEREBY RESOLVED, that the foreg
recitations are true and correct.
CARLSBAD PLANNING C ATTEST :
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COUNTY OF SAN DIEGO )
STATE OF CALIFORNIA )
CITY OF CARLSBAD 1 ss.
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5 I, JAMES C, HAGAMAN, Secretary to the Planning Commiss
of the City of Carlsbad, California, do hereby certify that
foregoing resolution was duly introduced, approved and adopt
by the?P.lanning Commission of the City of Carlsbad at a regt
meeting of said Commission held on the 9th day of January, 1
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by the following roll call vote:
AYES : Larson, Leeds, Marcus, Schick.
NOES : None.
ABSTAIN : Nonee
ABSENT : Friestedt, Jose.
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CT 79-19/CP-22 "1'
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28 PC RES0 #1572
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