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HomeMy WebLinkAboutCP 97-07; 4665 & 4667 Park Drive Condominiums; Condo Permit (CP) (7)City of Carlsbad Planning Department February 4, 1998 Ed Huntington 828 Malibu Point Way Oceanside CA 92054 SUBJECT: CP 97-07/MS 97-13 The City has completed a review of the application for a two-unit condominium development located at 4665 and 4667 Park Drive, Carlsbad CA. It is the Planning Director's determination that based on the attached 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 Exemptions was filed on February 3, 1998. This letter, including the listed findings and conditions, constitutes approval of CP 97-07. Endings: 1. The project is consistent with the City's General Plan Land Use Element since the project density of 17.7du/acre is consistent with the Residential High (RH) land use designation, and the project is consistent with the Housing Element 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 parcel map (MS 97-13) required for this project. 3. The project is consistent with the design criteria and development standards of Chapter 21.45 (Planned Development Ordinance) of the City's Zoning Code, except the requirement for a 20 foot front yard setback. The Director has made the necessary findings to grant an administrative variance 2O75 Las Palmas Dr. • Carlsbad, CA 92OO9-1576 - (76O) 438-1161 • FAX (76O) 438-O894 since there are extraordinary circumstances due to the lot configuration and zoning standards. Therefore, a reduction of the front yard setback from 20 feet to 10 feet is consistent with the Planned Development Ordinance. Conditions: 1. Approval is granted for CP 97-07 as shown on Exhibit "A", dated February 4, 1 998, on file in the Planning Department and incorporated herein by reference. 2. 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 97-13. 3. All conditions of MS 97-13 are incorporated herein by reference and shall be complied with in their entirety. 4. Unless otherwise stated herein, this condominium project shall comply with all applicable City Ordinances and requirements. 5. The Developer shall provide the City with a reproducible 24" x 36", mylar copy of the Tentative Map/Condominium Site Plan as approved by the final decision making body. The Tentative 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. 6. Approval of CP 97-07 is granted subject to the approval of MS 97-13. CP 97-07 is subject to all conditions contained in MS 97-13 for the tentative parcel map. 7. The 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. 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. c. Special Assessments Levied by the City. In the event the City has performed the necessary maintenance to either Common Area Lots and/or Association's Easements, the City shall submit a written invoice to the Association for all costs incurred by the City to perform such maintenance of the Common Area Lots and or Association's Easements. The City shall provide a copy of such invoice to each Owner in the Project, together with a statement that if the Association fails to pay such invoice in full within the time specified, the City will pursue collection against the Owners in the Project pursuant to the provisions of this Section. Said invoice shall be due and payable by the Association within twenty (20) days of receipt by the Association. If the Association shall fail to pay such invoice in full within the period specified, payment shall be deemed delinquent and shall be subject to a late charge in an amount equal to six percent (6%) of the amount of the invoice. Thereafter the City may pursue collection from the Association by means of any remedies available at law or in equity. Without limiting the generality of the foregoing, in addition to all other rights and remedies available to the City, the City may levy a special assessment against the Owners of each Lot in the Project for an equal prorata share of the invoice, plus the late charge. Such special assessment shall constitute a charge on the land and shall be a continuing lien upon each Lot against which the special assessment is levied. Each Owner in the Project hereby vests the City with the right and power to levy such special assessment, to impose a lien upon their respective Lot and to bring all legal actions and/or to pursue lien foreclosure procedures against any Owner and his/her respective Lot for purposes of collecting such special assessment in accordance with the procedures set forth in Article of this Declaration. 8. 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. 9. Prior to approval of the Parcel 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 parcel map/condominium plan shall be required. 10. 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 as an individual fee on a per market rate dwelling unit basis minus the $2,925.00/unit impact fee previously paid. CODE REMINDERS 11. The Developer shall give all notices of the condominium conversion to all tenants as required by the Subdivision Map Act and the Carlsbad Municipal Code. If you have any further questions, please call Van Lynch in the Planning Department at (760) 438-1161, extension 4325. Sincerely, MICHAEL J. HOLZMILLER Planning Director MJH:mh Attachment c: Steve Jantz Bobbie Hoder File Copy Data Entry