HomeMy WebLinkAboutCP 98-02; Torrejon Condominiums; Condo Permit (CP) (2).
March 18, 1998
Barbara J. Zacharias
1706 Cannas Court
Carlsbad, CA 92009
SUBJECT: CP 98-02 - TORREJON CONDOMINUMS
The City has completed a review of the application for a two-unit
condominium development located at 2462 and 2464 Torrejon Place.
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 March
12, 1998.
This memo, including the listed findings and conditions, constitutes approval
of CP 98-02.
Findims:
1. The project is consistent with the City’s General Plan Land Use
Element, since the project density of 5.3 du/acre is consistent with the
Residential Medium (RM) land use designation and the project is
consistent with the Housing Element as the developer has been
conditioned to pay an inclusionary housing in-lieu fee per unit.
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 98-02) 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.
2075 La Palmas Dr. - Carlsbad, CA 92009-l 576 l (760) 438-l 161 l FAX (760) 438-0894 @
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CP 98-02 - TORREJOlv CONDOMINIUMS
MARCH 18,1998
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Conditions:
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Approval is granted for CP 98-02 as shown on Exhibit “A”, dated
March 18, 1998, on file in the Planning Department and incorporated
herein by reference.
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 98-02.
All conditions of MS 98-02 are incorporated herein by reference and
shall be complied with in their entirety.
Unless otherwise stated herein, this condominium project shall comply
with all applicable City Ordinances and requirements.
That the Planning Director has determined that the project is exempt from the
requirements of the California Environmental Quality Act (CEQA) per Section
15301(k) of the state CEQA Guidelines and will not have any adverse significant
impact on the environment
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.
Approval of CP 98-02 is granted subject to the approval of MS 98-02. CP 98-02
is subject to all conditions contained in MS 98-02 for the Tentative Parcel Map.
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 bv the Citv. 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
CP 98-02 - TORREJOi\ 20NDOMINIUMS
MARCH 18,199s
PAGE 3
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 m~aintenance 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 bv 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.
9. Prior to the approval of the final map for MS 98-02, 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
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CP 98-02 - TORREJOr\ LONDOMINIUMS
MARCH 18,1998
PAGE 4
and successors in interest that the City of Carlsbad has issued a Condominium
Permit, CP 98-02, 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.
IO. 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.
11. 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.
CODE REMINDERS
12. 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 Chris DeCerbo in the Planning
Department at (760) 438-l 161, extension 4445.
Sincereby, .
MICHAEL J. HOLZMILLER
Planning Director
MJH:CD:mh
Attachment
c: Mari Sparks
Bobbie Hoder
File Copy
Data Entry