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HomeMy WebLinkAboutCP 03-07; Beam Condominiums; Condo Permit (CP)City of Carlsbad Planning Department ^ P7Jw January 27, 2004 Patricia Gates and Richard Beam 2717 Anta Court Carlsbad, CA 92009 SUBJECT: CP 03-07 - BEAM CONDOMINIUMS The City has completed a review of the application for a two-unit condominium development located at 2717 Anta Court (215-320-17) 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 Exemptions was filed on project approval. This letter, including the listed findings and conditions, constitutes APPROVAL of CP 03-07 - Beam Condominiums, as shown on Exhibits "A" - "F" dated January 27, 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 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 Carlsbad Unified School District that the project has satisfied its obligation for school facilities. 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us CP 03-07 - BEAM CONDOMINIUMS JANUARY 27, 2004 PAGE 2 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. 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 a 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. 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 dated January 27, 2004 including, but not limited to the following: in that the two-unit project is considered consistent with the General Plan as all legally existing R-2 zoned lots, as of December 1, 1986, could be developed with a two-family residence regardless of the density allowed by their General Plan designation if they comply with all applicable development standards in effect at the time of their development. 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. 4. Consistent with Section 21.45110 of the Carlsbad Municipal Code, the proposed project complies with all. applicable development standards included within Chapter 21.45, that were in effect at the time that the original duplex was constructed. 5. That the proposed project's density, site design and architecture are compatible with surrounding development, in that the building is existing and is surrounded by other similar two-unit structures and blends in with the topography of the site and other existing development around the subject site. 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. CP 03-07 - BEAM CONDOMINIUMS JANUARY 27, 2004 PAGE 3 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. 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 pubic improvements of 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 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 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 CP 03-07 - BEAM CONDOMINIUMS JANUARY 27, 2004 PAGE 4 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. 6. 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 03-08. 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 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 03-08 and is subject to all conditions contained in MS 03-08 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. CP 03-07 - BEAM CONDOMINIUMS JANUARY 27, 2004 PAGE 5 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. 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. 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 CP 03-07 - BEAM CONDOMINIUMS JANUARY 27, 2004 PAGE 6 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. 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 not be less than 26 days. The CC&Rs for the project shall include this requirement. 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 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 03-07 - BEAM CONDOMINIUMS on the real property CP 03-07 - BEAM JANUARY 27, 2004 PAGE 7 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 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 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. This approval shall become null and void if building permits are not issued for this project within 18 months from the date of project approval. )NDCCP 03-07 - BEAM CONDOMINIUMS JANUARY 27, 2004 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 Chris Sexton in the Planning Department at (760) 602-4624. Sincerely, MICHAEL J. HOLZMILLER Planning Director MJH:CS:mh Attachment c: David Rick File Copy Data Entry City of Carlsbad Planning Department January 7, 2004 Patricia Gates & Richard Beam 2717 Anta Ct Carlsbad CA 92008 SUBJECT: CP 03-07 - BEAM CONDOMINIUMS Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Department has reviewed your Condominium Permit, application no. 03-07, as to its completeness for processing. The application is complete, as submitted. Although the initial processing of your application may have already begun, the technical acceptance date is acknowledged by the date of this communication. The City may, in the course of processing the application, request that you clarify, amplify, correct, or otherwise, supplement the basic information required for the application. In addition, you should also be aware that various design issues may exist. These issues must be addressed before this application can be scheduled for a hearing. The Planning Department will begin processing your application as of the date of this communication. Please contact your staff planner, Chris Sexton, at (760) 602-4624, if you have any questions or wish to set up a meeting to discuss the application. Sincerely, MICHAEL J. HOLZMILLER Planning Director MJH:CS:mh c: Luke Brandt, BHA, Ste L, 5115 Avenida Encinas, Carlsbad, CA 92008-4387 Chris DeCerbo, Team Leader David Rick, Project Engineer ff\\e Copy Data Entry Planning Aide 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us LIST OF ITEMS NEEDED TO COMPLETE THE APPLICATION No. CP 03-07 Planning: None Engineering: None ISSUES OF CONCERN Planning: None Engineering: None DEC-30-03 TUE 01:26 PM P, 01/02 i, Inc. land planning, civil engineering, surveying ROD BRADLEY, Urban Planner RONALD L. HOLlOWAY, Civil engineer FACSIMILE COVER SHEET Please deliver the following page(s) to: DATE: NAME: COMPANY: FROM; SUBJECT: December 30, 2003 Chris Sexton City of Carlsbad Lucas Brandt Beam Condo Conversion PHONE: 760-602-4624 FAX: 760-602-8558 W.0.#: 657-0880-400 TOTAL NUMBER OF PAGES {INCLUDING THF_ COVER PAGE): 2 THESE ARE TRANSMITTED AS CHECKED BELOW: D For your information ti For checking D Please sign n Please notarize D Please provide D For approval • For your files D Please forward O Piease record n Please comment • In accordance with your request D Please return enclosures D Please telephone me D Please acknowledge with receipt D in accordance with our telephone conversation COMMENTS: Hello Chris, here is the Building Inspection Report that was completed by the Building Dept. If you need any other items please let me know. -Luke If you do not receive the total number of pages indicated above, please contact us as soon as possible. Our office phone number is (760) 931-8700. Our facsimile number is (760) 931-7780. 5115AveriidaEncinas, SuiteL ° Carlsbad, California 92008-4387 Q (760)931-8700 o FAX (760) 931-7780 DEC-30-03 TUE 01:26 Ptl P. 02/02 0 A' )OB ADDRESS; OWNERS NAME:_.._ of Carlsbad 1635 Faraday Avenue, Carhbad California 92003 INSPECTION RECORD INSPECTION RECORD CARD WITH APPROVED PLANS •••"•"- BE KEPT ON """ —' CALL PRIOR TO^flOJ'.M. FOR NEXT WORK DAY INSPECTION BUILDING INSPECTION: (76016p2-2 723_ CB032770 2717ANTACTCBAD VERIFY SEPERATE UTILITIES '•— MISC OTHER __, Lo#: GATES PATRICIA A&BEAM RICHARD J.ST. .LOTNOVSUITE:. 'DATE CONTRACTOR BUILDING : OTHER APPROVED TO COVER , . Typo of inspection BUILDING FOUNDATION . KtlNFQRCED STEEL -MASONRY • , n CKOOT D WAU DRAINS .TltT I'ANELS ' •..!>OUK STRIPS; ' • COLUMN FOOTINGS SUBfKAME ; D FLOOR'. D CEIL-NG ROOF SHEATHING . EXT. SHEAR CANRS ".FRAME. . • INSULATION EXTERIOR LATH . INTERIOR LATH & DKYWALL ".FINAl PIUMBINC . ;,.D:SEWI;.KANOBL/CO DPL'CO UNOHKCROUND D WASTE D WATER TO.ROUT; Q' WASTE D WATER ' TUB ANp SI-JOVVER PAN ' C.CASVFEST OCAS PIPING • D WATEK HEATER P SOLAK WATER FINAL. . ' ' • ' ' . ELfCTKlCAL D ELECTRIC UNDERGROUND . D UFER ROUGH ELECTRIC WALLS . ROUGH ELECTRIC cettNG C ELCCTRJC SERVICE. ' D TEMPORARY P BONDING- DPOOL . , '.FINAL ' ' . MKHANICAL UNPERGKOUND QOCTS & PIPING . EX.pycr'&pLfM.QfaT. CIPINC • . MiAT.^ A)R CO.ND. SYSTEMS ':. VENWUflNIC SYSTEMS ' ':'!FINAL ' • . . CAllFOKflNAL INSPECTION WH£ N ALL AffftOt FINAL .Sign Whca Appropriate .B.vitdir.is 0«pi.:(lrispections) (760) 602-2725 . •Fifa'OefWrtmjul... • <760) 602-4660 p/.jiw,;/^ o,,.^.«(,nc/.i . (7&o) oiD-croo . (ingineeriog 0«pi, {Inspections) (760) 438-3891 giiildinR Inspectors (7am-4pOT). (760) 602-2700 CMWD . (760);438-2722Hxt7t.li1 Dale RlAr^irfMsiAKO. 1 I\ rv /.»..-. i. 1 .^. j.ivfeyMi—^f^~c~/- tnspectnr _ - j VEHAVEBEEN/kln f,/7/^r* . . Notes / • >PROV£D \ * •City of Carlsbad September 12, 2003 Richard Beam & Patricia Gates 2717AntaCt Carlsbad CA 92008 SUBJECT: CP 03-07 - BEAM CONDOMINIUMS Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Department has reviewed your condominium permit, application no. CP 03-07, as to its completeness for processing. The application is incomplete, as submitted. Attached are two lists. The first list is information which must be submitted to complete your application. This list of items must be submitted directly to your staff planner by appointment. All list items must be submitted simultaneously and a copy of this list must be included with your submittal. No processing of your application can occur until the application is determined to be complete. The second list is issues of concern to staff. When all required materials are submitted the City has 30 days to make a determination of completeness. If the application is determined to be complete, processing for a decision on the application will be initiated. In addition, please note that you have six months from the date the application was initially filed, August 15, 2003, to either resubmit the application or submit the required information. Failure to resubmit the application or to submit the materials necessary to determine your application complete shall be deemed to constitute withdrawal of the application. If an application is withdrawn or deemed withdrawn, a new application must be submitted. At this time, the City asks that you submit the requested item so that the project can continue to be reviewed. Please contact your staff planner, Chris Sexton, at (760) 602-4624, if you have any questions or wish to set up a meeting to discuss the application. Sincerely, MICHAEL J. HOLZMILLER Planning Director MJH:CS:bd c: Chris DeCerbo David Rick, Project Engineer File Copy Data Entry Planning Aide 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us LIST OF ITEMS NEEDED TO COMPLETE THE APPLICATION No. CP 03-07 Planning: 1. Please provide a copy of a compliance inspection performed by the Building Department. Engineering: None ISSUES OF CONCERN Planning: None Engineering: None