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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 @ - CP 98-02 - TORREJOlv CONDOMINIUMS MARCH 18,1998 PAGE 2 Conditions: 1. . 2. 3. 4. 5. 6. 7. 8. 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 - 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