HomeMy WebLinkAboutCP 01-08; BRISTOL COVE; Admin Decision LetterApril 5, 2002
Leo Fitzsimon
6850 Shearwaters Drive
Carlsbad, Ca 92009
-City
SUBJECT: CP 01-08 -BRISTOL COVE
-of Carlsbad
l:f Fi,i,h,i·l·l§•F•ii,,i§,11
The City has completed a review of the application for a two-unit condominium development located
along the northwest side of Cove Drive within the Bristol Cove development (APN 207-150-13),
Carlsbad CA.
It is the Planning Director's determination that based on the attached conditions, the project is consistent
with the City's condominium regulations (Chapter 21.45) and with all other applicable City Ordinances
and Policies accept for the reduced front yard setback (see below for variance discussion). Further, the
project has been found to be categorically exempt from environmental review according to Section
15303(b) of the California Environmental Quality Act and a Notice of Exemption was filed on April 1,
2002.
The applicant requested an Administrative Variance (AV 01-07) to reduce the required front yard setback
from 20 feet to 11.5 feet. Because the amount of the requested front yard setback reduction does not
exceed 75 % of the required yard requirement, the request constitutes an Administrative Variance and is
acted upon by the Planning Director. The Planning Director approved AV 01-07 on April 1, 2002.
This letter, including the listed findings and conditions, constitutes APPROVAL of CP 01-08 -
BRISTOL COVE, as shown on Exhibits "A" -"F" dated April 5, 2002, on file in the Planning
Department and incorporated herein by reference.
Findings:
1. That the granting of thts permit will not adversely affect and will be consistent with the
Municipal Code, the General Plan, applicable specific plans, master plans, and all adopted plans
of the City and other governmental agencies, in that the project density of 14 du/acre is
consistent with the Residential High (RH) land use designation, and the project is
consistent with the Housing Element and the inclusionary housing ordiµance as the
developer has been conditioned to pay an inclusionary housing in-lieu fee per unit.
2. That the proposed use at the particular location is necessary and desirable to provide a service or
facility which will contribute to the long-term general well-being of the neighborhood and the
community, in that the 2-unit condominium is consistent with the surrounding development
of multi-family apartment and condominium projects.
3. That such use will not be detrimental to the health, safety, or general welfare of persons residing
or working in the vicinity, or injurious to property or improvements in the vicinity, in that the
1635 Faraday Avenue• Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us @
-CP 01-08-BRISTOL COVE
Apri15,2002
Page 2
project is consistent with the General Plan and Zoning Designations which permits multi
family attached condominiums.
4. That the proposed Planned Development meets all of the minimum development standards set
forth in Chapter 21.45 .090, the design criteria set forth in Section 21.45 .080, and has been
designed in accordance with the concepts contained in the Design Guidelines Manual, in that the
project does not exceed the allowed density of 19 dwelling units per acre; setback
requirements have been met (with approved variance), two-car garages have been provided
for each residence; one required guest parking space has been provided, parking areas
have been screened and meet the required setbacks; the required common active recreation
open space has been provided in addition to private rear yard patio areas and/or balconies;
and storage spaces have been provided in the enclosed garages for each residence.
5. That the proposed project is designed to be sensitive to and blend in with the natural topography
of the site, and maintains and enhances significant natural resources on the site, in that the
architectural design of the project conforms with the hillside design guidelines manual and
no development encroaches into the uphill perimeter manufactured slope by more than the
maximum of six vertical feet.
6. That the proposed project's design and density of the developed portion of the site is compatible
with surrounding development and does not create a disharmonious or disruptive element to the
neighborhood, in that the proposal is consistent with the surrounding developmen~ of two
and three-story apartment and condominiums.
7. That the project's circulation system is designed to be efficient and well integrated with the
project and does not dominate the project in that adequate public facilities necessary to serve
this project will be provided as required by the City Engineer in conjunction with the
approval of parcel map (MS 01-17) required for this project.
8. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 1 and all City public facility policies and ordinances. The
project includes elements or has been conditioned to construct or provide funding to ensure that
all facilities and improvements regarding: sewer collection and treatment; water; drainage;
circulation; fire; schools; parks and other recreational facilities; libraries; government
administrative facilities; and open space, related to the project will be installed to serve new
development prior to or concurrent with need. Specifically,
A. The project has been conditioned to provide proof from the Carlsbad Unified School
Districts that the project has satisfied its obligation for school facilities.
B. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will be
collected prior to issuance of building permit.
C. The Public Facility fee is required to be paid by Council Policy No. 17 and will be
collected prior to the issuance of building permit.
D. The Local Facilities Management fee for Zone 1 is required by Carlsbad Municipal Code
Section 21.90.050 and will be collected prior to issuance of building permit.
CP 01-08 -BRISTOL c!E
April5,2002
Page 3
9. That the Planning Director has determined that the project is exempt from the requirements of
the California Environmental Quality Act (CEQA) per Section 15303(b) of the state CEQA
Guidelines and will not have any adverse significant impact on the environment.
Conditions:
General:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of building
permits.
1. If any of the following conditions fail to occur; or if they are, by their terms, to be implemented
and maintained over time, if any of such conditions fail to be so implemented and maintained
according to their terms, the City shall have the right to revoke or modify all approvals herein
granted; deny or further condition issuance of all future building permits; deny, revoke or further
condition all certificates of occupancy issued under the authority of approvals herein granted;
institute and prosecute litigation to compel their compliance with said conditions or seek
damages for their violation. No vested rights are gained by Developer or a successor in interest
by the City's approval of this Condominium Site Plan.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Tentative Parcel Map/Condominium Site Plan documents, as necessary
to make them internally consistent and in conformity with the final action on the project.
Development shall occur substantially as shown on the approved Exhibits. Any proposed
development different from this approval, shall require an amendment to this approval.
3. The Developer shall comply with all applicable provisions of federal, state, and local laws
and regulations in effect at the time of building permit issuance.
4. If any condition for construction of any public improvements or facilities, or the payment of any
fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged,
this approval shall be suspended as provided in Government Code Section 66020. If any such
condition is determined to be invalid this approval shall be invalid unless the City Council
determines that the project without the condition complies with all requirements oflaw.
5. The Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims and
costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly,
from (a) City's approval and issuance of this Condominium Permit, (b) City's approval or
issuance of any permit or action, whether discretionary or non-discretionary, in connection with
the use contemplated herein, and (c) Developer/Operator's installation and operation of the
facility permitted hereby, including without limitation, any and all liabilities arising from the
emission by the facility of electromagnetic fields or other energy waves or emissions.
6. The Developer shall submit to the Planning Director a reproducible 24" x 36", mylar copy of
the Tentative Parcel Map/Condominium Site Plan reflecting the conditions approved by the
final decision making body prior to Final Map approval of MS 01-17.
CP 01-08-BRISTOL c!E
April 5, 2002
Page4
7. The Developer shall include, as part of the plans submitted for any permit plan check, a reduced
legible version of all approving resolution(s) in a 24" x 36" blueline drawing format.
8. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from
the School District that this project has satisfied its obligation to provide school facilities.
9. This project shall comply with all conditions and mitigation measures which are required as part
of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to
the issuance of building permits.
10. This approval is granted subject to the approval of MS 01-17 and is subject to all conditions
contained in MS 01-17 for those other approvals.
11. Prior to approval of the Final Map, the Developer shall apply for and obtain approval of
a Coastal Development Permit issued by the California Coastal Commission that
substantially conforms to this approval. A signed copy of the Coastal Development
Permit must be submitted to the Planning Director. If the approval is substantially
different, an amendment to the parcel map/condominium shall be required.
12. This project is being approved as an air space condominium. There will be no individual
ownership of land. A note to this effect shall be placed on the final map with the exact
wording to the satisfaction of the Planning Director.
13. Building permits will not be issued for this project unless the local agency providing water and
sewer services to the project provides written certification to the City that adequate water service
and sewer facilities, respectively, are available to the project at the time of the application for the
building permit, and that water and sewer capacity and facilities will continue to be available
until the time of occupancy. A note to this effect shall be placed on the Final Map.
14. At issuance of building permits, or prior to the approval of a final map and/or issuance of
certificate of compliance for the conversion of existing apartments to air-space condominiums,
the Developer shall pay to the City an inclusionary housing in-lieu fee as an individual fee on a
per market rate dwelling unit basis in the amount in effect at the time, as established by City
Council Resolution from time to time.
15. The Developer shall construct and install all landscaping as shown on the approved Plans, and
maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris.
16. The Developer shall establish a homeowner's association and corresponding covenants,
conditions and restrictions. Said CC&Rs shall be submitted to and approved by the Planning
Director prior to final map approval. Prior to issuance of a building permit the Developer shall
provide the Planning Department with a recorded copy of the official CC&Rs that have been
approved by the Department of Real Estate and the Planning Director. At a minimum, the
CC&Rs shall contain the following provisions:
A. General Enforcement by the City. The City shall have the right, but not the obligation, to
enforce those Protective Covenants set forth in this Declaration in favor of, or in which
the City has an interest.
-CP 01-08-BRISTOL COVE
AprilS,2002
Page 5
B. Notice and Amendment. A copy of any proposed amendment shall be provided to the
City in advance. If the proposed amendment affects the City, City shall have the right to
disapprove. A copy of the final approved amendment shall be transmitted to City within
30 days for the official record.
C. Failure of Association to Maintain Common Area Lots and Easements. In the event that
the Association fails to maintain the "Common Area Lots and/or the Association's
Easements" as provided in Article _____ _, Section ______ the City shall
have the right, but not the duty, to perform the necessary maintenance. If the City elects
to perform such maintenance, the City shall give written notice to the Associ~tion, with a
copy thereof to the Owners in the Project, setting forth with particularity the
maintenance which the City finds to be required and requesting the same be carried out
by the Association within a period of thirty (30) days from the giving of such notice. In
the event that the Association fails to carry out such maintenance of the Common Area
Lots and/or Association's Easements within the period specified by the City's notice, the
City shall be entitled to cause such work to be completed and shall be entitled to
reimbursement with respect thereto from the Owners as provided herein.
D. Special Assessments Levied by the City. In the event the City has performed the
necessary maintenance to either Common Area Lots and/or Association's Easements, the
City shall submit a written invoice to the Association for all costs incurred by the City to
perform such maintenance of the Common Area Lots and or Association's Easements.
The City shall provide a copy of such invoice to each Owner in the Project, together with
a statement that if the Association fails to pay such invoice in full within the time
specified, the City will pursue collection against the Owners in the Project pursuant to
the provisions of this Section. Said invoice shall be due and payable by the Association
within twenty (20) days ofreceipt by the Association. If the Association shall fail to pay
such invoice in full within the period specified, payment shall be deemed delinquent and
shall be subject to a late charge in an amount equal to six percent (6%) of the amount of
the invoice. Thereafter the City may pursue collection from the Association by means of
any remedies available at law or in equity. Without limiting the generality of the
foregoing, in addition to all other rights and remedies available to the City, the City may
levy a special assessment against the Owners of each Lot in the Project for an equal
prorata share of the invoice, plus the late charge. Such special assessment shall
constitute a charge on the land and shall be a continuing lien upon each Lot against
which the special assessment is levied. Each Owner in the Project hereby vests the City
with the right and power to levy such special assessment, to impose a lien upon their
respective Lot and to bring all legal actions and/or to pursue lien foreclosure procedures
against any Owner and his/her respective Lot for purposes of collecting such special
assessment in accordance with the proce~ures set forth in Article ______ of this
Declaration.
E. Landscape Maintenance Responsibilities. The HOAs and individual lot or unit owner
landscape maintenance responsibilities shall be as set forth in Exhibit_.
16. This project is being approved as a condominium permit for residential homeownership
purposes. If any of the units in the project are rented, the minimum time increment for such
rental shall be not less than 26 days. The CC&Rs for the project shall include this requirement.
-CP 01-08-BRISTOL COVE
AprilS,2002
Page 6
17. The developer shall submit to the Planning Director a recorded copy of the Condominium Plan
which is in conformance with the City approved documents and exhibits.
18. Prior to the issuance of the Building Permit, Developer shall submit to the City a Notice of
Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the
Planning Director, notifying all interested parties and successors in interest that the City of
Carlsbad has issued a Condominium Permit, file No. CP 01-08 on the real property owned by
the Developer. Said Notice of Restriction shall note the property description, location of the file
containing complete project details and all conditions of approval as well as any conditions or
restrictions specified for inclusion in the Notice of Restriction. The Planning Director has the
authority to execute and record an amendment to the notice which modifies or terminates said
notice upon a showing of good cause by the Developer or successor in interest.
STANDARD CODE REMINDERS
19. The Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as
required by Chapter 20.44 of the Carlsbad Municipal Code.
20. Developer shall pay the License Tax on new construction imposed by Carlsbad Municipal Code
Section 5.09.030, and CFD #1 special tax (if applicable), and the Citywide Public Facilities Fee
imposed by City Council Policy #17, subject to any credits authorized by Carlsbad Municipal
• Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management
Plan fee for Zone 1, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of
building permit. If the taxes/fees and not paid, this approval will not be consistent with the
General Plan and shall become void. •
Final Map Notes
21. A note shall be placed on the Final Map stating that building permits will not be issued for this
project unless the local agency providing water and sewer services to the project provides written
certification to the City that adequate water service and sewer facilities, respectively, are
available to the project at the time of the application for the building permit, and that water and
sewer capacity and facilities will continue to be available until the time of occupancy.
General
22. Approval of this request shall not excuse compliance with all applicable sections of the Zoning
Ordinance and all other applicable City ordinances in effect at time of building permit issuance,
except as otherwise specifically provided herein.
23. All roof appurtenances, including air conditioners, shall be architecturally integrated and
concealed from view and the sound buffered from adjacent properties and streets, in substance as
provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of
Community Development and Planning.
24. Prior to occupancy of the first dwelling unit the Developer shall provide all required passive and
active recreational areas per the approved plans, including landscaping and recreational facilities.
CP 01-08-BRISTOL CO'E
AprilS,2002
Page 7
25. Addresses, approved by the Building Official, shall be placed on all new and existing buildings
so as to be plainly visible from the street or access road; color of identification and/or addresses
shall contrast to their background color, as required by Carlsbad Municipal Code Section
18.04.320.
NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as
"fees/ exactions."
You have 90 days from date of final approval to protest imposition of these fees/exactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
If you have any further questions, please call Greg Fisher in the Planning Department at (760) 602-4629.
Sincerely,
MICHAEL J. HOLZMILLER
Planning Director
MJH:GF:cs
Attachment
c: Jeremy Riddle
Chris DeCerbo
Bobbie Hoder
File Copy
Data Entry