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HomeMy WebLinkAbout1980-01-09; Planning Commission; Resolution 1572* 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I l e 0 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 ~ ~~~ 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: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 e 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. .2 e 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ~ ~ ~ ~ I 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. II .3 .. T 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 I 21 1' 22 23 24 25 26 27 28 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 : I .4 ., . ' . e. e 1 2 COUNTY OF SAN DIEGO ) STATE OF CALIFORNIA ) CITY OF CARLSBAD 1 ss. 3 4 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 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 by the following roll call vote: AYES : Larson, Leeds, Marcus, Schick. NOES : None. ABSTAIN : Nonee ABSENT : Friestedt, Jose. ri"l?/7= a &?"A2 i. ,'/ , //A S C. HAG&F<re<g .,N&sBm PLhNIm comIssI( ,I ./I ,," :' ./ / CT 79-19/CP-22 "1' 25 26 27 28 PC RES0 #1572 Page 5 05