HomeMy WebLinkAboutCP 03-06; Casa Laguna II; Condo Permit (CP)City of Carlsbad
Planning Department
May 25, 2004
David Buckmaster
229 Chinquapin Ave
Carlsbad CA 92008
SUBJECT: CP 03-06 - CASA LAGUNAII
The City has completed a review of the application for a four-unit condominium development
located on the north side of Laguna Drive between Buena Vista Circle and Kremeyer Circle
(155-223-20-00) within Local Facilities Management Zone 1.
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 Exemptions was filed on project approval.
This letter, including the listed findings and conditions, constitutes APPROVAL of CP 03-06 -
CASA LAGUNA II, as shown on Exhibits "A" - "G" dated May 5, 2004, on file in the
Planning Department and incorporated herein by reference.
Findings:
1. The project is consistent with the City-Wide Facilities and Improvement Plans, 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 District that the project has satisfied its obligation for school facilities.
B. Park-in-lieu fees are required by the 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.
2. That the Planning Director has determined that the project is exempt from the
requirements of the California Environmental Quality Act (CEQA) per Section 15301(k)
of the state CEQA Guidelines and will be collected prior to issuance of building permit.
1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us
CP 03-06 - CASA LAGU
May 25, 2004
PAGE 2
3. The Planning Director finds that the project, as conditioned herein, is in conformance
with the Elements of the City's General Plan, based on the facts set forth in the staff
report for SDP 03-15/CDP 03-30, dated May 5, 2004.
4. Consistent with Section 21.45.060 of the Carlsbad Municipal Code, the proposed
project complies with all applicable development standards included within Chapter
21.45.
5. That the proposed project's density, site design and architecture are compatible with
surrounding development, based on the facts set forth in the staff report for SDP 03-
15/CDP 03-30, dated, May 5, 2004.
6. The Planning Director has reviewed each of the exactions imposed on the Developer
contained in this resolution, 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 is in rough proportionality to the impact caused by
the project.
Conditions:
General
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to parcel 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 the Developer or a successor in interest by the City's
approval of this Condominium Permit.
2. Approval is granted for CP 03-06 - CASA LACUNA II as shown on Exhibits "A" - "G"
dated May 5, 2004, on file in the Planning Department and incorporated herein by
reference. Development shall occur substantially as shown unless otherwise noted in
these conditions.
3. 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.
4. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
5. If any condition for construction of any pubic improvements of facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project
CP 03-06 - CASA LAGUNA II
May 25, 2004
PAGE 3
are challenged, 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.
6. 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 and any 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, any and all liabilities arising from emission by the
facility of electromagnetic fields or other energy waves or emissions.
7. The Developer shall submit to the Planning Director a reproducible 24"x36" 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 04-03.
8. Prior to issuance of a building permit, the Developer shall provide proof to the Director
from the Carlsbad Unified 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 SDP 03-15, CDP 03-30 and MS 04-
03 and is subject to all conditions contained in Planning Commission Resolutions No.
5614, 5615 and MS 04-03 for those other approvals incorporated herein by reference.
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. The Developer shall submit to the Planning Director a recorded copy of the
condominium plan filed with the Department of Real Estate which is in
conformance with the City approved documents and exhibits prior to building
permit issuance.
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. 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
IW\ICP 03-06 - CASA LAGU
May 25, 2004
PAGE 4
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.
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 pro rata 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.
JNAICP 03-06 - CASA LAGU
May 25, 2004
PAGES
e. Landscape Maintenance Responsibilities. The HOAs 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 not be 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 Final Map Recordation, 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 03-06 - CASA
LAGUNA II 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.
Code Reminders
18. 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.
19. Developer shall pay the License Tax on new construction imposed by Carlsbad
Municipal Code Section 5.09.030, and CFD #1 on 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
20. 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
21. 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.
iffiuCP 03-06 - CASA LAGU
May 25, 2004
PAGES
22. This approval shall become null and void if building permits are not issued for this project
within 24 months from the date of project approval.
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 Van Lynch in the Planning Department at (760)
602-4613.
Sincerely,
MICHAEL J. HOLZMILLER
Planning Director
MJH:VL:bd
Attachment
c: Clyde Wickham
File Copy
Data Entry