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.