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HomeMy WebLinkAboutCP 05-20; Urubumar Condominiums; Condo Permit (CP) (4)City of Carlsad Planning Department January 24, 2008 Urubumar LP 2033 San Elijo Ave., Suite 570 Cardiff, CA 92007 SUBJECT: CP 05-20x1 - URUBUMAR CONDOMINIUM (EXTENSION) Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Department has reviewed your Condominium Permit, application no. CP 05-20x1, 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 deemed approved. The Planning Department will begin processing your application as of the date of this communication. Please note that although the application is now considered complete, there may be issues that could be discovered during project review and/or environmental review. Any issues should be resolved prior to the project's final approval. In addition, the City may request, in the course of processing the application, that you clarify, amplify, correct, or otherwise supplement the basic information required for the application. Please contact your staff planner, Shelley Esteybar, at (760) 602-4625, if you have any questions or wish to set up a meeting to discuss the application. Sincerely, DON NEU Planning Director DN:SE:sm cc: Chris DeCerbo, Team Leader Christer Westman, Team Supervisor David Rick, Project Engineer File Copy Data Entry Meg Carroll, 2710 Loker Avenue West, Suite 100 Carlsbad, CA 92010 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us CP 05-23x1 - URUBUMA^ONDOMINIUMS (EXTENSION) January 24, 2008 Page 2 LIST OF ITEMS NEEDED " TO COMPLETE THE APPLICATION Planning: Planning Staff has no comments. Engineering: City Engineering has no comments. ISSUES OF CONCERN Planning: The Planning 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. Planning staff does not have any comments to add to the project. Please see the following items listed below as issues of concern: 1. Project title for CP 05-20x1 cannot be renamed to Cazamar Condominiums due to original application approved as Urubamar Condominiums. To eliminate confusion, please submit all documentation/ exhibits under approved project title: Urubamar condominiums. However, any marketing name may be used during the building/selling of the condominiums. 2. Please be aware that the following conditions of approval are outstanding and are required prior to final map approval of CP 05-20/MS 05-27: a. Developer shall submit to the Planning Director a reproducible 24' x 36', mylar copy of the (Tentative Map/Site Plan or other) reflecting the conditions approved by the final decision making body prior to Parcel Map approval of MS 05-27. b. 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. c. 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&R's that have been approved by the Department of Real Estate and the Planning Director. At a minimum, the CC&Rs shall contain the following provision: i. 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. CP 05-23x1 - URUBUMA^ONDOMINIUMS (EXTENSION) January 24, 2008 Page3 ^ ii. 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. Hi. 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 given 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. iv. 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. CP 05-23x1 - URUBUMAF^ONDOMINIUMS (EXTENSION) January 24, 2008 Page 4 v. Landscape Maintenance Responsibilities. The HOAs and individual lot or unit owner landscape maintenance responsibilities shall be as set forth in Exhibit . vi. 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 . vii. Anything else special. d. 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 CP 05-20 - URUBUMAR CONDOMINIUM 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. e. 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 over flight, 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). f. Prior to the recordation of the Parcel Map or the issuance of building permits, whichever occurs first, 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. g. Developer shall give all notices of the condominium conversion to all tenants as required by the Subdivision Map Act and the Carlsbad Municipal Code. h. Prior to the recordation of the Parcel Map, the developer shall submit one (1) copy of a compliance inspection performed on the property by the Building Department. 3. Please be aware the following conditions of approval shall be added or revised from the originally approved conditions of approval: a. 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. b. This project is being approved as a condominium permit for residential homeownership purposes. If any of the units in the project are rented, the CP 05-23x1 - URUBUMARXONDOMINIUMS (EXTENSION) January 24, 2008 Page 5 minimum time increment for such rental shall be not less than 31 days. The CC&Rs for the project shall include this requirement. 4. CP 05-20x1 approval is contingent upon approval of MS 05-23x1. Please refer to City Engineering for MS 05-23x1 approval. Engineering: Engineering has no issues of concern. Please refer to your assigned City Engineer, David Rick at (760) 602-2781 or via email at drick@ci.carlsbad.ca.us for comments and/or issues of concern regarding Minor Subdivision application no. MS 05-23x1. RECEIVED CONSULTA/'NTS JA - ft j v«oCivil Engineering • Surveying " " ' &'-»"•.-'.J CITY OF CARLSBAD PLANNING DEPT January 4, 2008 J.N.: 051146 Mr. Corey Funk City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 RE: Condominium Permit CP 05-20 Request for Extension Dear Mr. Funk: On behalf of my client, Jerome Stirnkorb, I am requesting a one-year extension for Condominium Permit CP 05-20. The original approval letter is dated March 23, 2006. A request for extension for MS 05-27 is being submitted to David Rick at the engineering department concurrently. Should you have any questions or comments please let me know. Very truly yours, O'DAY CONSULTANTS, INC. Meg (Carroll Project Manager cc: Jerome Stirnkorb O:\ProjectManagers\transmc\051146\l80104.doc O'Day Consultants Inc. E-mail: oday@odayconsultants.com 2710 Loker Avenue West, Suite 100 Website: www.odayconsultants.com Carlsbad, California OPOOO 0000 • Tel: 760.931.7700 Fax: 760.931.8680 92010-6609 CITY OF CARLSBAD PLANNING DEPARTMENT May 17, 2007 To: Jerry Stirnkorb From: Corey Funk, Assistant Planner CC: RE: OUTSTANDING CONDITIONS OF APPROVAL CP 05-20 - Urubumar Condominium Please be aware of the following conditions of approval that are outstanding for the final map approval for CP 05-207 MS 05-27. Your map approval will expire two years from its original approval date, and all conditions must be completed prior to final map recordation (either final parcel map or Certificate of Compliance). The subject conditions are circled on the CP 05-20 approval letter attached to this memo, which includes housing fees (Condition #11). In addition, please review the Engineering Dept. conditions associated with MS 05-27, which must also be completed prior to final map approval. With regard to the CB061735 inspection permit for Urubumar Condominium, both Planning Dept. and Engineering Dept. have reviewed and approved this permit. The permit should be ready for sometime next week and you will be contacted by Kathy Girvin in the Building Dept. at that time. copy arlsbad -|P l;aii n in g Departmeht March 23, 2006 Urubumar LP 2033 San Elijo Ave., Suite 570 Cardiff, CA 92007 SUBJECT: CP 05-20 - URUBUMAR CONDOMINIUM The City has completed its review of the application for a two-unit condominium development located at 6838 - 6840 Urubu Street (APN 215-340-23), Carlsbad California. It is the Planning Director's determination that based on the attached findings and 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 Exemption was filed on project approval. This memo, including the listed findings and conditions, constitutes approval of CP 05-20 Urubumar Condominium. 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, in that the site has a Residential Medium (RM) Land Use designation, which allows 4-8 dwelling units per acre with a growth management control point of 6 dwelling units per acre. The site has an existing duplex with a density of 6.45 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 existing dwelling units, in which 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 all applicable development standards of Chapters 21.45 and 21.12 have been met and the project is not requesting a variance from any of the required standards. 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us CP 05-20 -Urubumar condominium _ March 23, 2006 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 consisting 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 15301(K) - Existing Facilities, 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 05-20 as shown on Exhibits "A" - "E" dated March 23, 2006, 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 Condominium Permit 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. (A CP 05-20 - Urubumar Condominium March 23, 2006 Page3 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 shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 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. Developer shall submit to the Planning Director a reproducible 24" x 36," mylar copy of the (Tentative Map/Site Plan or other) reflecting the conditions approved by the final decision making body prior to Parcel Map approval of MS 05-27. 8. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the San Marcos 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 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. 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. CP 05-20 - Urubumar Condominium March 23, 2006 Page 4 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 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 CP 05-20 - Urubumar Wndominium March 23, 2006 Page 5 a 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 16 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 . 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 . 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 CP 05-20 - URUBUMAR CONDOMINIUM 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 DirectoY 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 over flight, 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. 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 the recordation of the Parcel Map or the issuance of building permits, whichever occurs first, 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. 17. Developer shall pay park-in-lieu fees to the City, prior to the recordation of the parcel map as required by Chapter 20.44 of the Carlsbad Municipal Code. CP 05-20 - Urubumar condominium March 23, 2006 Page6 Developer shall give all notices of the condominium conversion to all tenants as required by the Subdivision Map Act and the Carlsbad Municipal Code. • x; Prior to the recordation of the Parcel Map or the issuance of building permits, whichever occurs first, the developer shall submit one (1) copy of a compliance inspection performed on the property by the Building Department. 20. 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. f 21. 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 05-27. 22. All conditions of MS 05-27 are incorporated herein by reference and shall be complied with in their entirety. \ " CP 05-20 - Urubumar Wndominium March 23, 2006 Page? NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to" for 'in- 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 Corey Funk in the Planning Department at (760) 602-4645. Sincerely, DON NEU Assistant Planning Director DN:CF:aw c: Gary Barberio, Team Leader David Rick, Project Engineer File Copy Data Entry Thomas L. Guinn, O'Day Consultants, 2710 Loker Avenue West, Suite 100, Carlsbad, CA 92010 City of Carlsbad Planning Department FAX TRANSMITTAL DATE: TIME SENT TO: COMPANY: PHONE #: FAX#: Number of Pages Being Transmitted (Including Cover Sheet): 7 FROM: DEPT.: PLANNING PHONE: (760) 602- FAX: (760) 602-8559 SPECIAL INSTRUCTIONS: Return Fax 1635 Faraday Avenue * Carlsbad, California 92008-7314 w FILE COPY City o f C ar I sJb> a d March 23, 2006 Urubumar LP 2033 San Elijo Ave., Suite 570 Cardiff, CA 92007 SUBJECT: CP 05-20 - URUBUMAR CONDOMINIUM The City has completed its review of the application for a two-unit condominium development located at 6838 - 6840 Urubu Street (APN 215-340-23), Carlsbad California. It is the Planning Director's determination that based on the attached findings and 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 Exemption was filed on project approval. This memo, including the listed findings and conditions, constitutes approval of CP 05-20 Urubumar Condominium. 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, in that the site has a Residential Medium (RM) Land Use designation, which allows 4-8 dwelling units per acre with a growth management control point of 6 dwelling units per acre. The site has an existing duplex with a density of 6.45 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 existing dwelling units, in which 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 all applicable development standards of Chapters 21.45 and 21.12 have been met and the project is not requesting a variance from any of the required standards. 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us • •* .1 f-' '?'ii 1 4'? 'i ',' CP 05-20 - Urubumar Condominium __ March 23, 2006 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 consisting of similar two-famHy 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 15301(K) - Existing Facilities, 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 05-20 as shown on Exhibits "A" - "E" dated March 23, 2006, 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 Condominium Permit 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. j CP 05-20 - Urubumar Condominium March 23, 2006 Page3 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 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 or other) reflecting the conditions approved by the final decision making body prior to Parcel Map approval of MS 05-27. 8. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the San Marcos 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 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. CP 05-20 - Urubumar March 23, 2006 Page 4 Condominium . x 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: ia. 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 fn 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 r ConCP 05-20 - Urubumar Condominium March 23, 2006 Page 5 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 powerIb 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 . 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 CP 05-20 - URUBUMAR CONDOMINIUM 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 over flight, 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. 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. 16. Prior to the recordation of the Parcel Map or the issuance of building permits, whichever occurs first, 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. 17. Developer shall pay park-in-lieu fees to the City, prior to the recordation of the parcel map as required by Chapter 20.44 of the Carlsbad Municipal Code. Urubumar^nCP 05-20 - Urubumar Condominium March 23, 2006 Page6 18. Developer shall give all notices of the condominium conversion to all tenants as required by the Subdivision Map Act and the Carlsbad Municipal Code. . /; 19. Prior to the recordation of the Parcel Map or the issuance of building permits, whichever occurs first, the developer shall submit one (1) copy of a compliance inspection performed on the property by the Building Department. 20. 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.*• 21. 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 05-27. 22. All conditions of MS 05-27 are incorporated herein by reference and shall be complied with in their entirety. CP 05-20 - Urubumar Condominium March 23, 2006 Page? 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 Corey Funk in the Planning Department at (760) 602-4645. Sincerely, DON NEU Assistant Planning Director DN:CF:aw c: Gary Barberio, Team Leader David Rick, Project Engineer File Copy Data Entry Thomas L. Guinn, O'Day Consultants, 2710 Loker Avenue West, Suite 100, Carlsbad, CA 92010 CONSULTA lM T S Transmittal Letter To: Carlsbad, City of 1635 Faraday Avenue Carlsbad, CA 92008 Attention: Corey Funk Transmitted Email: Hand deliver Date: 2/1/06 Job No: 051146 Project: CP 05-20 - URUBUMAR CONDOMINIUM Re: Requested plan TM: CP 05-20 DWG: Phone No: (760) 602-4645 Fax No: (760) 602-8559 Ext: Enclosed, please find the following: 1 - Set of development plans 1 - Copy of letter dated January 4, 2005 Remarks: Corey- I am sending you enclosed per your request. Should you have any questions or comments, please let me know. CC: RECEIVED FEB 0 1 2006 CITY OF CARLSBAD PLANNING DEPT By: Thomas L Guinn Project Manager 2770 Loker Avenue West Civil Engineering Suite 100 Planning Carlsbad, California 92010-6609 Processing (760) 931-7700 Surveying Fax: (760) 931-8680 E-mail: tomg@odayconsultants.com City of Carlsbad Planning Department January 4, 2006 Urubumar LP 2033 San Elijo Ave., Suite 570 Cardiff, CA 92007 SUBJECT: CP 05-20 - URUBUMAR CONDOMINIUM Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Department has reviewed your Condominium Permit, application no. CP 05-20, as to its completeness for processing. The items requested from you earlier to make your Condominium Permit, application no. CP 05- 20, complete have been received and reviewed by the Planning Department. It has been determined that the application is now complete for processing. Although the initial processing of your application may have already begun, the technical acceptance date is acknowledged by the date of this communication. Please note that although the application is now considered complete, there may be issues that could be discovered during project review and/or environmental review. Any issues should be resolved prior to scheduling the project for public hearing. In addition, the City may request, in the course of processing the application, that you clarify, amplify, correct, or otherwise, supplement the basic information required for the application. At this time, the City asks that you provide one complete set of the development plans so that the project can continue to be reviewed. Please contact your staff planner, Corey Funk, at (760) 602-4645, if you have any questions or wish to set up a meeting to discuss the application. icerely, DON NEU n Assistant Planning Director " UA * CONSULTANTS DN:CF:bd 07 2006 c: Gary Barberio, Team Leader DECEIVED David Rick, Project Engineer File Copy Data Entry Thomas L. Guinn, O'Day Consultants, 2710 Loker Avenue West, Suite 100, Carlsbad, CA 92010 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us CP 05-20 - URUBUMAR CONDOMINIUM January 4, 2006 Page 2 ISSUES OF CONCERN Planning: 1. Please correct the parking data so it shows the number of required parking spaces as 4 (two spaces per unit), rather than two spaces. Engineering: Engineering Department comments will be addressed in a separate issues letter under the project no. MS 05-27. City of Carlsbad PI an n i n g De part m e n t January 4, 2006 Urubumar LP 2033 San Elijo Ave. Cardiff, CA 92007 Suite 570 SUBJECT: CP 05-20 - URUBUMAR CONDOMINIUM Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Department has reviewed your Condominium Permit, application no. CP 05-20, as to its completeness for processing. The items requested from you earlier to make your Condominium Permit, application no. CP 05- 20, complete have been received and reviewed by the Planning Department. It has been determined that the application is now complete for processing. Although the initial processing of your application may have already begun, the technical acceptance date is acknowledged by the date of this communication. Please note that although the application is now considered complete, there may be issues that could be discovered during project review and/or environmental review. Any issues should be resolved prior to scheduling the project for public hearing. In addition, the City may request, in the course of processing the application, that you clarify, amplify, correct, or otherwise, supplement the basic information required for the application. At this time, the City asks that you provide one complete set of the development plans so that the project can continue to be reviewed. Please contact your staff planner, .Corey Funk, at (760) 602-4645, if you have any questions or wish to set up a meeting to discuss the application. icerely, DON NEU Assistant Planning Director DN:CF:bd c: Gary Barberio, Team Leader David Rick, Project Engineer viiile Copy Data Entry Thomas L. Guinn, O'Day Consultants, 2710 Loker Avenue West, Suite 100, Carlsbad, CA 92010 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us CP 05-20 - URUBUMAR C^DOMINIUM January 4, 2006 Page 2 ISSUES OF CONCERM. Planning: 1. Please correct the parking data so it shows the number of required parking spaces as 4 (two spaces per unit), rather than two spaces. Engineering: Engineering Department comments will be addressed in a separate issues letter under the project no. MS 05-27. M&xtul City of Carlsbad Planning Department November 21, 2005 Urubumar LP Ste 570 2033 San Elijo Av Cardiff, CA 92007 SUBJECT: CP 05-20 - URUBUMAR CONDOMINIUM Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Department has reviewed your Condominium Permit, application no. CP 05-20, 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 24, 2005, 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, Corey Funk, at (760) 602-4645, if you have any questions or wish to set up a meeting to discuss the application. Sincerely, DON NEU Assistant Planning Director DN:CF:bd c: Gary Barberio, Team Leader David Rick, Project Engineer File Copy Data Entry Thomas L. Guinn, O'Day Consultants, 2710 Loker Avenue West, Suite 100, Carlsbad, CA 92010 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us ;OTO(CP 05-20 - URUBUMAR CONDOMINIUM November 21, 2005 .... Page 2 LIST OF ITEMS NEEDED TO COMPLETE THE APPLICATION Planning: 1. Submit one copy of a compliance inspection performed by the building department. Engineering: Engineering Department comments will be addressed in a separate issues letter under the project no. MS 05-27. ISSUES OF CONCERN Planning: 1. Add MS 05-27 and CP 05-20 in the upper right hand corner of the tentative parcel map. 2. Please add the number of parking spaces required and provided to the plans. "^W^ 3. Show the minimum private rear yard of 25 feet by 25 feet on the site plan (please see CMC Section 21.45.070). 4. Please clarify the number of existing and proposed gas and electric meters, and include their locations on the plans.