HomeMy WebLinkAboutCP 99-10; Doan Tentative Parcel Map; Condo Permit (CP)City of Carlsbad
Planning Department
December?, 1999
James C. Doan Jr.
4906 Hidden Dune Court
San Diego, CA 92130
SUBJECT: CP 99-10 - DOAN TENTATIVE PARCEL MAP
The City has completed a review of the application for a two-unit condominium development
located at the northeast corner of Torrejon Place and Levante Street within Local Facilities
Management Zone 6.
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. Further, the project has been found to be categorically exempt
from environmental review according to Section 15301(k) of the California Environmental
Quality Act and a Notice of Exemption was filed on November 8, 1999.
This letter, including the listed findings and conditions, constitutes APPROVAL of CP 99-10,
as shown on Exhibit "A" dated November 22, 1999, on file in the Planning Department and
incorporated herein by reference.
Findings
1. That the granting of this 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 7.6 du/acre is consistent with the Residential Medium (RM) (4-8 du/ac) land use
designation, and the project is consistent with the Housing Element and the
inclusionary housing ordinance 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, condominium projects and
single family units.
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 project is consistent with the R-M General Plan and R-2 Zoning
Designations which permits duplex attached condominiums.
2075 Las Palmas Dr. • Carlsbad, CA 92OO9-1576 • (760) 438-1161 • FAX (76O) 438-0894
CP 99-10 - DO AN TENTATIVE PARCEL MAP
December 7, 1999
Page 2
4. That the proposed Planned Development meets all of the minimum development
standards set forth in Chapter 21.45.090 (Planned Development Ordinance) of the City's
Zoning Code. The project meets all minimum development standards in that the
project does not exceed the allowed density of 8 dwelling units per acre; setback
requirements have been met, two-car garages have been provided for each
residence; one required guest parking space has been provided, the required private
recreational facilities have been provided as exclusive yard and patio areas 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 site is a previously graded level infill lot and there are no significant
natural resources located on the site.
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 development of attached multi-family units and single family units.
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 99-05) required for this project.
8. The project is consistent with the City-Wide Facilities and Improvements Plan, the
Local Facilities Management Plan for Zone 6 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 San Dieguito School
District 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 6 is required by Carlsbad
Municipal Code Section 21.90.050 and will be collected prior to issuance of
building permit.
9. That the Planning Director has determined that the project belongs to a class of projects
that the State Secretary for Resources has found do not have a significant impact on the
CP 99-10 - DOAN TENTATIVE PARCEL MAP
December?, 1999
Page 3
environment, and it is therefore categorically exempt from the requirement for the
preparation of environmental documents pursuant to Section 15301(k) of the state CEQA
Guidelines. In making this determination, the Planning Director has found that the
exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this
project.
10. That this project could have a potentially significant negative cumulative traffic
impact on the Palomar Airport Road/El Camino Real intersection. However, this
project has been conditioned to pay its fair share of the "short-term improvements"
thereby, guaranteeing implementation of a mitigation measure that reduces the
potential impact to a level of insignificance.
11. That the project will provide sufficient additional public facilities for the density in
excess of the control point to ensure that the adequacy of the City's public facility plans
will not be adversely impacted, in that all required facilities currently exit or will be
provided concurrent with need.
12. That there have been sufficient developments approved in the southeast quadrant at
densities below the control point to offset the units in the project above the control point
so that approval will not result in exceeding the quadrant limit.
13. That all necessary public facilities required by the Growth Management Ordinance will be
constructed or are guaranteed to be constructed concurrently with the need for them
created by this project and in compliance with adopted City standards, in that all
necessary public facilities exist or will be provided as a condition of this project.
Conditions
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final map
approval.
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 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.
CP 99-10 - DOAN TENTATIVE PARCEL MAP
December 7,1999
Page 4
3. The Developer shall comply with all applicable provisions of federal, state, and local
ordinances 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 of law.
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 Map/Condominium Site Plan reflecting the conditions approved
by the final decision making body prior to Final Map approval of MS 99-05.
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 6 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 99-05 and is subject to all
conditions contained in the Administrative Approval letter for MS 99-05.
11. 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.
12. 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
CP 99-10 - DOAN TENTATIVE PARCEL MAP
December 7,1999
Page 5
facilities will continue to be available until the time of occupancy. A note to this effect
shall be placed on the Final Map.
13. 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-Iieu 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.
14. 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 bv 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.
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 Association, 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 bv 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 of
CP 99-10 - DOAN TENTATIVE PARCEL MAP
December?, 1999
Page 6
receipt 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 procedures set forth in Article of this Declaration.
E. Landscape Maintenance Responsibilities. The HO As and individual lot or unit
owner landscape maintenance responsibilities shall be as set forth in
Exhibit .
15. 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.
16. 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.
17. 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 99-10 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.
18. The Developer shall pay his fair share for the "short-term improvements" to the El
Camino Real/Palomar Airport Road intersection prior to or the issuance of a building
permit, whichever occurs first. The amount shall be determined by the methodology
ultimately selected by Council, including but not limited to, an increase in the city-
wide traffic impact fee; an increased or new Zone 6 LFMP fee; the creation of a fee or
assessment district; or incorporation into a Mello-Roos taxing district.
CP 99-10 - DOAN TENTATIVE PARCEL MAP
December?, 1999
Page?
19. The applicant shall apply for and be issued building permits for this project within two (2)
years of approval or this condominium permit will expire unless extended per Section
21.201.210 of the Zoning Ordinance.
STANDARD CODE REMINDERS
Fees
20. 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.
21. 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 6, 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
22. 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
23. 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.
24. 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.
25. The Developer shall give all notices of the condominium conversion to all tenants as
required by the Subdivision Map Act and the Carlsbad Municipal Code.
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."
CP 99-10 - DOAN TENTATIVE PARCEL MAP
December 7,1999
PageS
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 fe'es 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)
438-1161, extension 4328.
Sincerely,
MICHAEL J. HOLZMILLER
Planning Director
MJH:GF:cs
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c: David Rick
Chris DeCerbo
Bobbie Hoder
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