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