HomeMy WebLinkAboutCP 95-02; Lagoon Waterfront LLC Condominium; Condo Permit (CP) (23)City of Carlsbad
Planning Department
January 15, 1996
Mr. Don Jack, Lagoon Waterfront LLC
P.O. Box 2198
Carlsbad, CA 92018
RE: CP 95-02/MAP MS 95-04 - LAGOON WATERFRONT
Subsequent to the issuance of our letter denying Condominium Permit, CP 95-02, at
4571 and 4575 Cove Drive, it has come to staff's attention that a precedent has been
established regarding the conversion to separate ownership of projects with 10 foot front
yard setbacks in the R-W zone.
Based on this evidence, the Planning Director rescinds the previous project denial and
approves the project, as conditioned, which is consistent with City's condominium
regulations (Chapter 21.45 of the Carlsbad Municipal Code) and 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 December 18, 1985.The City has
completed a review of the application for a two-unit condominium development located
at 4571 and 4575 Cove Drive.
This letter, including the listed findings and conditions, constitutes approval of CP 95-02.
Findings:
1. The project is consistent with the City's General Plan Land Use Element since the
project density of 14.6 du/acre is consistent with the Residential High (RH) land
use designation, and the project is consistent with the Housing Element of the
General Plan and the inclusionary Housing Ordinance as the Developer has been
conditioned to pay an inclusionary housing in-lieu fee.
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
(MS 95-04) required for this project.
3. The proposed Planned Development meets all of the minimum development
standards set forth in Chapter 21.45.090 and the design criteria set forth in
Section 21.45.080, except the requirement for a 20 foot front yard setback. The
2O75 Las Palmas Drive • Carlsbad, California 92OO9-1576 • (619) 438-1161
CP 95-02/MS 95-04 - LAGOON WATERFRONT
JANUARY 15, 1996
PAGE 2
Planning Director has made the necessary findings to grant an administrative
variance since there are extraordinary circumstances due to lot configuration and
zoning standards, and without the variance, the property owner would be denied
a property right enjoyed by surrounding property owners. Therefore, a reduction
of front yard setback from 20 feet to a minimum of 10 feet is consistent with the
Planned Development Ordinance.
4. The proposed condominium permit at the particular location is necessary and
desirable in that it provides for separate ownership of two existing duplex
apartment units which are compatible in design and scale with surrounding
development and will contribute to the long-term general well-being of the
neighborhood and the community.
5. The use will be not be detrimental to the health, safety, or general welfare of
persons residing or working in the vicinity, or injurious to property or
improvements in the vicinity, in that the proposed project consists of the
conversion to separate ownership of existing duplex units that are compatible with
the surrounding area.
6. The proposed project is designed to be sensitive to and blend in with the natural
topography of the site, and maintain and enhance significant natural resources on
the site, in that it is setback a minimum of 24 feet from the property line abutting
Agua Hedionda Lagoon.
7. The proposed project's design and density of the developed portion of the site is
compatible with surrounding development and does not create a disharmonious
or disruptive element to the neighborhood. Although the project provides a
reduced front yard setback, the project is conditioned to require an onsite guest
parking space between the duplex units, and the project's CC&R's will prohibit
tandem parking within the 10 foot setback area in front of the two car garages
provided for each unit.
8. Each of the tenants of the proposed condominium project has received the
written notification of intention to convert at least sixty days prior to the filing of
this tentative map. Each such tenant and each person applying for the rental of
a unit is such residential real property has or will have received all applicable
notices and rights now or hereafter required by Chapter 20.20 of the Carlsbad
Municipal Code or the Subdivision Map Act. Each tenant has received ten days
written notification that an application for a public report will be or has been
submitted to the State Department of Real Estate, and that such report will be
available on request.
CP 95-02/MS 95-04 - LAGOON WATERFRONT
JANUARY 15, 1996
PAGE 3
9. Each of the tenants of the proposed condominium project has been or will be
given written notification within ten days of approval of a final map for the
proposed conversion.
10.. Each of the tenants of the proposed condominium project has been or will be
given one hundred-eighty days written notice of intention to convert prior to
termination of tenancy due to the conversion or proposed conversion.
11. That each of the tenants of the proposed condominium project has been or will
be given notice of exclusive right to contract for the purchase of his or her
respective units upon the same terms and conditions that such units will be
initially offered to the general public or term more favorable to the tenant.
12. That the projects' circulation system is designed to be efficient and well integrated
with the project and does not dominate the project, in that individual driveways
provide direct access from a public street to a two car garage for each unit and
a guest parking space. The areas adjacent to the driveways is landscaped.
Conditions:
1. The Planning Director does hereby approve the Condominium Permit for the
condominium conversion project entitled "4571 and 4575 Cove Drive" Exhibits
"A - F" on file in the Planning Department and incorporated by this reference,
dated January 15, 1996), subject to the conditions herein set forth. Staff is
authorized and directed to make or require the Developer to make all corrections
and modifications to the site plan exhibits, as necessary to make them internally
consistent and conform to Planning Directors's final action on the project.
Development shall occur substantially as shown on the approved exhibits. Any
proposed development substantially different from this approval, shall require an
amendment to this approval.
2. The Developer shall provide the City with a reproducible 24" x 36", mylar copy of
the Tentative Parcel Map/Condominium Site Plan as approved by the final
decision making body. The Tentative Parcel Map/Condominium Site Plan shall
reflect the conditions of approval by the City. The Map/Plan copy shall be
submitted to the City Engineer and approved prior to building, grading, final map,
or improvement plan submittal, whichever occurs first.
3. Approval of CP 95-02 is graced subject to the approval of Ms 95-04 and AV 95-06.
CP 95-02 is subject to all conditions contained in MS 95-04 for the tentative parcel
map and AV 95-06 for the administrative variance.
CP 95-02/MS 95-04 - LAGOON WATERFRONT
JANUARY 15, 1996
PAGE 4
4. The Developer shall establish a homeowner's association and corresponding
covenants, conditions and restrictions. Said CC&R's shall be submitted to and
approved by the Planning Director prior to final map approval. The CC&R's shall
include provisions prohibiting tandem parking in front of garages within the
10 foot front yard setback.
5. This project is being approved as a condominium permit for residential home
ownership 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&R's for the
project shall include this requirement.
6. Prior to the 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 minus the $2,925/unit impact fee previously
paid as an individual fee on a per market rate dwelling unit basis.
7. Prior to this issuance of the final 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 95-02,
on the real property owned by the developer. Said Notice of Restriction shall note
the property description, location of the file containing complete project details
and all conditions of approval as well as any conditions or restrictions specified
for inclusion in the Notice of Restriction. The Planning Director has the authority
to execute and record an amendment to the notice which modifies or terminates
said notice upon a showing of good cause by the developer or successor in
interest.
8. 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.
9. Prior to approval of the final map, the Developer shall receive approval of a
Coastal Development Permit issued by the California Coastal Commission that
substantially conforms to this approval. A signed copy of the Coastal Development
Permit must be submitted to the Planning Director. If the approval is substantially
different, an amendment to the Condominium Permit, CP 95-02, shall be required.
CP 95-02/MS 95-04 - LAGOON WATERFRONT
JANUARY 15, 1996
PAGES
If you have any further questions please call Anne Hysong in the Planning Department
at 438-1161, extension 4477.
Sincec
GARY E. WAYNE
Assistant Planning Director
GEW:AH:kc
Attachment
c: Chris DeCerbo
Mike Shirey
Bobbie Hoder
File Copy
Data Entry
Marjorie/Planning Aide