HomeMy WebLinkAboutCP 03-08; Nowicki Condominium Conversion; Condo Permit (CP) (2)JUN-24-2004 THU 09:34 AM CITY OF CARLSBAD FAX NO, 760 602 8559 P. 03/08
• ^- """ '•bSi-Aio-^
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 olher
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:
A. 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.
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.
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 ygrd
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.U3
JUN-24-2004 THU 09:35 AH CITY OF CARLSBAD FAX NO, 760 602 8559 P, 04/08
CP 03-08 - NOWICKI CONDOMINIUM CONVERSION
June 21, 2004
Page 2
A. 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.
That the Planning Director has determined that the project belongs to a class of projects
L that the Stale 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 15301(K) • 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.
Y 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 Iheir 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
JUN-24-2004 THU 09:35 AN CITY OF CARLSBAD FAX NO, 760 602 8559 P. 05/08
CP 03-08 - NOWICKI CONDOMlNUjf^CONVERSjON
June 21, 2004
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.
TV 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.
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-Iieu fee as
1 an individual fee on a per market rate dwelling unit basis in the amount in effect at thex ~ 'time, as established by City Council Resolution from time to time.
12/ Developer shall establish ~a ^norneowner's association and corresponding covenants,
conditions and restrictions. Said" CC&Rs shall be submitte*d 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:
JUN-24-2004 THU 09:36 AN CITY OF CARLSBAD FAX NO. 760 602 8559 P. 06/08
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 Easerrfefrts".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 cha?g£ 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
JUN-24-2004 THU 09:37 AM CITY OF CARLSBAD FAX NO. 760 602 8559 . P. 07/08
CP 03-08 - NOWICKI CONDOMINIUM CONVERSION
June 21,2004
Page 5 ,
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 - NOWICK!
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.
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).
A copy of the final planned development site plan, incorporating all conditions of
approval, shall be submitted4aand approved by the Planning Director prior to final map
approval of MS 03-1 0.
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.
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.
All conditions of MS 03-10 are incorporated herein by reference and shall be complied
with in their entirety.
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.
Developer shall give all notices of the condominium conversion to all tenants as required
by the Subdivision Map Act and the Carlsbad Municipal Code.g
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 lime of building
permit issuance, except as-otherwise specifically provided herein.
JUN-24-2004 THU 09:37 AM CITY OF CARLSBAD FAX NO. 760 602 8559 P. 08/08
CP 03-08 - NOWICKI CONDOMINIUM CONVERSION
June 21, 2004
Page 6
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 follqw 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 3ewer. 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,
MICHAEL J. HOLZMILLER
Planning Director
MJH:JG:bd
Attachment
c: Project Engineer
File Copy
Data Entry
November 12, 2003
Vincent and Megan Nowicki
2426 Torrejon Place
Carlsbad, CA 92009
SUBJECT: CP 03-08 - Nowicki Condominium Conversion
Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning
Department has reviewed your Condominium Permit, application no. CP 03-08, 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 submittals,
including five (5) sets of plans. 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, October 17, 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.
Please contact your staff planner, Jessica Galloway, at (760) 602-4631, if you have any
questions or wish to set up a meeting to discuss the application.
Sincerely,
MICHAEL J. HOLZMILLER
Planning Director
MJH:JG:[CLICK HERE]
c: Gary Barberio
David Rick
City of Carlsbad
Public Works - Engineering
July 2, 2004
Vinvent and Megan Nowicki
2426 Torrejon Place
Carlsbad, CA 92009
PROPOSED MINOR SUBDIVISION NO. MS 03-10, NOWICKI CONDO CONVERSION
Whereas no review of the conditions of the letter of preliminary approval was requested by
the appropriate date; and whereas the requirements of the California Environmental Quality
Act and the City of Carlsbad Environmental Protection Ordinance of 1973 relating to the
subject proposed parcel map have been examined by the Planning Director and declared
to have a non-significant impact upon the environment; and whereas negative findings
delineated by Section 20.24.130 of the Carlsbad Municipal Code have not been made; and
whereas this minor subdivision is found to be in conformity with the General Plan of the City
of Carlsbad; therefore, a final decision has been made to approve the subject tentative
parcel map subject to the conditions set forth in the preliminary approval letter.
ROBERT J. WOJCIK, P.E.
Deputy City Engineer
RJW:ma
Project Engineer, David Rick
Senior Office Specialist, Dev. Services
Project Planner, Jessica Galloway
Management Analyst, Planning
H:\Development Services\Projects\MS FILESWS 03-10 Nowicki final approval.doc Revised: 5/20/02
1635 Faraday Avenue • Carlsbad, CA 920O8-7314 • (760) 602-2720 • FAX (760) 602-8562
Jessica Galloway - CP 03-08 ._ .^^_L_J7~ .1 '^ " ~IZZ_T ' __1J Page 1
From: Gregory Ryan
To: Galloway, Jessica
Date: 10/27/03 7:08AM
Subject: CP 03-08
102703
FIRE - No comment or conditions at time of review.
Have a safe day.
Gregory L Ryan
Deputy Fire Marshal
Carlsbad Fire Department
1635 Faraday Av
Carlsbad CA 92008
760.602.4663
CITY OF CARLSBAD
ENGINEERING DEPARTMENT
LAND USE REVIEW
October 21, 2003
TO: Jessica Galloway - Assistant Engineer
FROM: David Rick - Assistant Engineer
COMPLETENESS REVIEW
PROJECT ID: CP 03-08 NOWICKI CONDOMINIUM CONVERSION
The Engineering Department has completed its review of the above referenced project for
application completeness and has determined that the application and plans submitted for this
project are complete and suitable for continued review. Engineering staff will address all
issues and/or concerns through the application for Minor Subdivision 03-10.
If you or the applicant has any questions regarding the above, please either see or call me at
extension 2781.
David
Assistant Engineer - Engineering Development Services
H:\LIBRARY\ENG\WPDATA\MISC\COMPREV