HomeMy WebLinkAboutCP 03-08; Nowicki Condominium Conversion; Condo Permit (CP)City of Carlsbad
Planning Department
June 21, 2004
Vincent and Megan Nowicki
8044 Camino Montego
Carlsbad, CA 92009
SUBJECT: CP 03-08 - NOWICKI CONDOMINIUM CONVERSION
The City has completed a review of the application for a two-unit condominium development
located at 2426 and 2428 Torrejon Place.
It is the Planning Director's determination that based on the attached conditions, the project is
consistent with the City's regulations (Chapter 21.45, Planned Development) 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 June 21, 2004.
This memo, including the listed findings and conditions, constitutes approval of CP 03-08
Nowicki Condominium Conversion.
Findings!
1. The project is consistent with the City's General Plan Land Use Element, and with all
other elements of the City's General Plan. The site has a RM land use designation,
which allows for 4-8 dwelling units per acre with a growth control point of 6
dwelling units per acre. The site has an existing duplex with a density of 7
dwelling units per acre.
2. Adequate public facilities necessary to serve this project will be provided as required by
the City Engineer in conjunction with the approval of the parcel map required for this
project. The Project involves the condominium conversion of two exiting dwelling
units. All necessary public facilities are constructed and in place.
3. That the proposed project complies with all applicable development standards included
within Chapter 21.45, in that, pursuant to section 21.45.110.A, Chapter 21.45 does
not apply since the duplex was built in 1970 under the standards of the County of
San Diego prior to the adoption of Chapter 21.45 and prior to the annexation of the
property from the County of San Diego to the City of Carlsbad in late 1970. Since
Chapter 21.45 does not apply to the project, only the development standards of
the underlying zoning designation apply. The project does not meet the required
7.5-foot side-yard setback standard of the R-2 zone. Therefore, an Administrative
Variance for this application has been approved to reduce the required side yard
setback from 7.5-feet to 3-feet, due to the existing condition of the built structure.
1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us
CP 03-08 - NOWICKI CONDOMINIUM CONVERSION
June 21, 2004
Page 2
4. That the proposed project's density, site design and architecture are compatible with
surrounding development, in that the condominium conversion is for an existing
duplex in a neighborhood made of similar two-family structures, many of which
have been previously converted to condominiums.
5. 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
environment, and it is therefore categorically exempt from the requirement for the
preparation of environmental documents pursuant to Section 15301JK) - division of
existing multifamily into common interest ownership, 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.
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:
Note: unless otherwise specified herein, all conditions shall be satisfied prior to Recordation of
the Parcel Map.
1. Approval is granted for CP 03-08 - Nowicki Condominium Conversion as shown on
Exhibit "A" dated June 21, 2004, on file in the Planning Department and incorporated
herein by reference.
2. 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; record a notice of violation on the
property title; 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 Permit.
3. Staff is authorized and directed to make, or require the Developer to make, all
corrections and modifications to the Parcel Map 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 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
CP 03-08 - NOWICKI CONDOMINIUM CONVERSION
June 21, 2004
Page3
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. 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. This obligation survives until
all legal proceedings have been concluded and continues even if the City's approval is
not validated.
7. Developer shall submit to the Planning Director a reproducible 24" x 36," mylar copy of
the (Tentative Map/Site Plan) reflecting the conditions approved by the final decision
making body prior to Final Map approval of MS 03-08.
8. Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the Encinitas Union Elementary School District and San Dieguito
Unified High 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. 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.
11. 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.
12. 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:
CP 03-08 - NOWICKI CONDOMINIUM CONVERSION
June 21, 2004
Page 4
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 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
CP 03-08 - NOWICKI CONDOMINIUM CONVERSION
June 21, 2004
Page 5
f. Balconies, trellis and decks. The individual lot or unit owner allowances and
prohibitions regarding balconies, trellis and decks shall be as set forth in Exhibit
13. Prior to the recordation of the Parcel Map, 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 03-08 - NOWICKI
CONDOMINIUM CONVERSION on the property. 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.
14. Prior to the recordation of the parcel map or the issuance of building permits, whichever
occurs first, the Developer shall prepare and record a Notice that this property is subject
to overflight, sight and sound of aircraft operating from McClellan-Palomar Airport, in a
form meeting the approval of the Planning Director and the City Attorney (see Noise
Form #2 on file in the Planning Department).
15. A copy of the final planned development site plan, incorporating all conditions of
approval, shall be submitted to and approved by the Planning Director prior to final map
approval of MS 03-10.
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.
17. Prior to issuance of building permits, 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.
18. All conditions of MS 03-10 are incorporated herein by reference and shall be complied
with in their entirety.
19. Developer shall pay park-in-lieu fees to the City, prior to the recordation of the final map
as required by Chapter 20.44 of the Carlsbad Municipal Code.
20. Developer shall give all notices of the condominium conversion to all tenants as required
by the Subdivision Map Act and the Carlsbad Municipal Code.
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.
CP 03-08 - NOWICKI CONDOMINIUM CONVERSION
June 21, 2004
Paqe6
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 Jessica Galloway in the Planning Department at
(760)602-4631.
Sincerely,
IAA
MICHAEL J. HOLZMILLER
Planning Director
MJH:JG:bd
Attachment
c: Project Engineer
File Copy
Data Entry
City of Carlsbad
Public Works - Engineering
June 14, 2004
Vinvent and Megan Nowicki
2426 Torrejon Place
Carlsbad, CA 92009
PROPOSED MINOR SUBDIVISION NO. MS 03-10, NOWICKI CONDO CONVERSION
A preliminary decision has been made, pursuant to Section 20.24.120 of the City of
Carlsbad Municipal Code, to approve the tentative parcel map of the proposed minor
subdivision subject to conditions that follow in this letter.
Unless specifically stated in the condition, all of the following conditions, upon the
approval of this tentative parcel map, must be met prior to approval of a final parcel
map.
General
1. MS 03-10 is subject to the approval and conditions of CP 03-08 and AV 04-
04.
2. Developer shall submit to the City Engineer, a reproducible 24" x 36", mylar copy
of the tentative map and a digital copy of said map using NAD 83' reflecting
the conditions approved by the final decision making body. The reproducible
shall be submitted to the City engineer, reviewed and, if acceptable, signed by
the City's project engineer and project planner prior to submittal of the building
plans, final map, improvement or grading plans, whichever occurs first. The
digital file copy shall be submitted in a format as approved by the City
Engineer.
3. Developer shall and does hereby agree to indemnify, protect, defend and hold
harmless the City of Carlsbad, its Council members, agents, officers, and
representatives, from and against any and all liabilities, losses, damages,
demands, claim 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
tentative parcel map, (b) City's approval or issuance of any permit or action,
whether discretionary or non-discretionary, in connection with the use
contemplated herein, including an action filed within the time period specified in
Government Code Section 66499.37 and (c) Developer'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.
4. Developer shall provide to the City Engineer, an acceptable means, CC&Rs
or/and other recorded document, for maintaining the private easements within
1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (76O) 602-272O • FAX (760) 602-8562
the subdivision and all the private improvements: streets, sidewalks, street lights,
and storm drain facilities located therein and to distribute the costs of such
maintenance in an equitable manner among the owners of the properties within
the subdivision.
Fees/Agreements
5. Prior to approval of any grading or building permits for this project, Developer
shall cause Owner to give written consent to the City Engineer to the annexation
of the area shown within the boundaries of the subdivision into the existing City
of Carlsbad Street Lighting and Landscaping District No. 1, on a form provided
by the City Engineer.
Dedications/Improvements
6. Developer shall comply with the City's requirements of the National Pollutant
Discharge Elimination System (NPDES) permit. Developer shall provide
improvements constructed pursuant to best management practices as
referenced in the "California Storm Water Best Management Practices
Handbook" to reduce surface pollutants to an acceptable level prior to discharge
to sensitive areas. Plans for such improvements shall be submitted to and
subject to the approval of the City Engineer. Said plans shall include but not be
limited to notifying prospective owners and tenants of the following:
A. All owners and tenants shall coordinate efforts to establish or work with
established disposal programs to remove and properly dispose of toxic
and hazardous waste products.
B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil,
antifreeze, solvents, paints, paint thinners, wood preservatives, and other
such fluids shall not be discharged into any street, public or private, or into
storm drain or storm water conveyance systems. Use and disposal of
pesticides, fungicides, herbicides, insecticides, fertilizers and other such
chemical treatments shall meet Federal, State, County and City
requirements as prescribed in their respective containers.
C. Best Management Practices shall be used to eliminate or reduce surface
pollutants when planning any changes to the landscaping and surface
improvements.
Parcel Map Notes
7. Developer shall show on Parcel Map the net developable acres for each parcel.
Code Reminder
The project is subject to all applicable provisions of local ordinances, including but not
limited to the following:
8. The tentative map shall expire twenty-four (24) months from the date this
Nowicki Page 2 06/14/2004
tentative map approval becomes final.
Water
9. This project is approved upon the express condition that building permits will not
be issued for the development of the subject property, unless the District
Engineer has determined that adequate water and sewer facilities are available
at the time of occupancy. A note to this effect shall be placed on the Parcel
Map, as non-mapping data.
The developer may request a review of the preliminary decision with the City Engineer
in writing within ten (10) days of the date of this letter. Upon such written request the
City Engineer shall arrange a time and place with the developer for such review.
The City Engineer has reviewed each of the exactions imposed on the developer
contained in these conditions of 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 degree of the exaction is in rough proportionality to the
impact caused by the project.
If you have any questions, you may contact David Rick at (760) 602-2781.
ROBERT J. WOJCIK
Deputy City Engineer
c: file
David Rick, Assistant Engineer
Jessica Galloway, Assistant Planner
Nowicki PageS 06/14/2004