HomeMy WebLinkAboutCP 99-13; NAVARRA; Admin Decision LetterCity of Carlsbad
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October 18, 1999
Mr. David Jacinto
American United Development Corporation
3951 Sierra Linda Drive
Escondido, CA 92025
SUBJECT: CP 99-13 -NAVARRA 4-UNIT CONDOMINIUM
The City has completed a review of the application for a four-unit condominium development
located on Navarra Drive (APN 216-170-35), 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. 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 October 18, 1999.
This letter, including the listed findings and conditions, constitutes APPROVAL of CP 99-13,
as shown on Exhibits "A" -"F" dated October 18, 1999, on file in the Planning Department
and incorporated herein by reference.
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 9.0 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
ordinance as the developer has been conditioned to pay an inclusionary housing in-
lieu fee per uni~.
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 4-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 project is consistent with the General Plan and Zoning
Designations which permit 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
2075 Las Palmas Dr. • Carlsbad, CA 92009-1576 • (760) 438-1161 • FAX (760) 438-0894
CP 99-13 -NAVARRA 4-UNIT CONDOMINIUM
October 18, 1999
Page2
Design Guidelines Manual, in that the project does not exceed the allowed density of
19 dwelling units per acre; setback requirements have been met, two-car garages
have been provided for each residence; two required guest parking spaces have
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 yards 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 the building observes the required building setback from the
top of slope.
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 two-and three-story apartments 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 99-07) 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 Encinitas and San
Dieguito 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 permits.
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 permits.
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
CP 99-13 -NAVARRA 4-UNIT CONDOMINIUM
October 18, 1999
Page 3
impact on the environment, and it is therefore categorically exempt from the
requirement for the preparation of environmental documents pursuant to Section
l 5303(b) -New Construction or Conversion of Small Structures -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 the project is consistent with the City's I:,andscape Manual (Carlsbad
Municipal Code Section 14.28.020 and Landscape Manual Section I B).
11. The Planning Director has reviewed each of the exactions imposed on the
Developer contained in this approval, and hereby finds, in this case, that the
exactions are imposed to mitigate impacts caused by or reasonably related to the
project, and the extent and the degree of the exaction ~s in rough proportionality to
the impact caused by the project.
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 Pia~.
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.
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
CP 99-13 -NAVARRA 4-UNIT CONDOMINIUM
October 18, 1999
Page 4
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 herel:?y 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 99-07.
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 99-07 and is subject to all
conditions contained in MS 99-07 for those other approvals.
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
facilities will continue to be available until the time of occupancy. A note to this effect
shall be placed on the Final Map.
13. Prior to issuance of building permits, or prior to the approval of a final map for MS
99-07, the Developer shall obtain an easement for joint access and shall enter into a
joint maintenance agreement for common use and maintenance of the
walkway/stairway proposed along the west property line of parcel 216-170-36. The
walkway/stairway leading to the common recreation area shall be installed prior to
CP 99-13 -NAVARRA 4-UNIT CONDOMINIUM
October 18, 1999
Page 5
issuance of a certificate of occupancy. If a joint access easement cannot be
obtained, the developer shall install a walkway/stairway on the subject property.
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 submit and obtain Planning Director approval of a Final Landscape
and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan
and the City's Landscape Manual. The Developer shall construct and install all
landscaping as shown on the approved Final Plans, and maintain all landscaping in a
healthy and thriving condition, free from weeds, trash, a~d debris.
16. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
landscape plan check process on file in the Planning Department and accompanied by
the project's building, improvement, and_ grading plans. •
17. 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.
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.
CP 99-13 -NAVARRA 4-UNIT CONDOMINIUM
October 18, 1999
Page 6
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 of 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 HOAs and individual lot or unit
owner landscape maintenance responsibilities shall be as set forth in Exhibit B.
18. 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.
19. 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.
20. The Developer shall pay bis 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.
21. 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
CP 99-13 -NAVARRA 4-UNIT CONDOMINIUM
October 18, 1999
Pae 7
Fees
the City of Carlsbad has i$sued a Condominium Permit, file No. CP 99-13 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
22. 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.
23. 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.
24. The Developer shall pay a landscape plan check and inspection fee as required by
Section 20.08.050 of the Carlsbad Municipal Code.
General
25. 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.
26. 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.
27. 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.
28. 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.
29. The aggregate square footage exceeds 10,000 square feet, therefore, the entire building
must be protected by automatic fire sprinklers.
. . CP 99-13 -NAVARRA 4-UNIT CONDOMINIUM
October 18, 1999
Page 8
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 Barbara Kennedy in the Planning Department at
(760) 438-1161, extension 4455. •
.HO MILLER
Planning Director
MJH:BK:eh
Attachment
c: David Rick
Chris DeCerbo
Bobbie Hoder
File Copy
Data Entry