Not settled yet. On October 5 the San Marcos Planning Commission was asked to approve a five story, 31 condominium building that the applicant’s attorneys say state density bonus law lets go past the San Elijo Hills unit cap, and the documents published so far do not show the vote.
What the city is deciding
The Planning Commission was asked on October 5 to approve an exemption, a site development plan and a tentative subdivision map. City staff recommended approval, and the unsigned draft map resolution cites density bonus waivers for greater height, more stories and smaller front and rear setbacks.
Where and who it affects
The vacant 0.58 acre lot is southwest of the San Elijo Road split, between Schoolhouse Way and Elfin Forest Road. Public parks lie north and west, a middle school is east, and multifamily and commercial uses are south. Buyers would join a homeowners association.
What it could mean for your property
The proposal places 31 condominiums on one lot in a five story building. Six would be sold as affordable homes, three for very low income households and three for moderate income households. The applicant’s attorneys say the San Elijo Hills Specific Plan limits the community to 3,466 homes and that the city believes only five units remain under that cap. They argue that state density bonus law permits the project to bypass the limit. The draft resolution says the map is consistent with the city’s General Plan and the San Elijo Hills Specific Plan.
Private streets, drainage and street lights would be maintained by the homeowners association. Its rules would require garages to be used for vehicle parking.
The project must join CFD 98-01 for police and fire and CFD 98-02 for lighting, landscaping, open space and preserve maintenance, or the developer may pay a fee instead. A CFD (Community Facilities District) charges special taxes for public facilities or services. The documents do not give the tax amounts or HOA dues.
Questions to ask before you buy or build
- What special taxes apply to the condominium?
- What are the HOA dues and parking rules?
- Was the resolution adopted, and was an appeal filed?
What happens next
If the resolution was adopted, anyone who wrote or spoke at the hearing had ten days to appeal to the City Council. The documents do not say whether an appeal was filed. Any approved tentative map expires 24 months after Planning Commission approval unless extended.