HomeMy WebLinkAboutCP 98-04; Hartsock Condominium Conversion; Condo Permit (CP) (2)Memorandum
To: Steve Jantz, Associate Engineer
CC: Chris DeCerbo
From: Greg Fisher
Date: January 11,1999
Re: Hartsock Condo Conversion
The Planning Department has reviewed the above mentioned project and will be
making the following conditions. If you have any questions, please call me at 438-
1161,x4328.
1. 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
January 11, 1999
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 Hen 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.
2. Prior to approval of the Final Map for MS 98-05, 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.
3. 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
January 11, 1999
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.
4. That 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 in 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.
5. That 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.
6. That 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.
7. 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;
8. The Developer shall include, as part of the plans submitted for any permit plan check,
a reduced legible version of the approving (resolution(s)) on a 24" x 36" blueline
drawing. Said blueline drawing(s) shall also include a copy of any applicable Coastal
Development Permit and signed approved site plan.
9. The Developer shall pay the public facilities fee adopted by the City Council on July
28, 1987, (amended July 2, 1991) and as amended from time to time, and any
development fees established by the City Council pursuant to Chapter 21.90 of the
Carlsbad Municipal Code or other ordinance adopted to implement a growth
management system or Facilities and Improvement Plan and to fulfill the
developer's/subdivider's agreement to pay the public facilities fee dated [Click Here]
, a copy of which is on file with the City Clerk and is incorporated by this reference.
If the fees are not paid, this application will not be consistent with the General Plan
and approval for this project will be void.
January 11, 1999
NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees,
dedications, reservations, or other exactions hereafter collectively referred to for
convenience as "fees/exactions."
You have 90 days from January 11, 1999 to protest imposition of these
fees/exactions. If you protest them, you must follow the protest procedure set forth
in Government Code Section 66020(a), and file the protest and any other required
information with the City Manager for processing in accordance with Carlsbad
Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar
any subsequent legal action to attack, review, set aside, void, or annul their
imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified
fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity
charges, nor planning, zoning, grading or other similar application processing or
service fees in connection with this project; NOR DOES IT APPLY to any
fees/exactions of which you have previously been given a NOTICE similar to this,
or as to which the statute of limitations has previously otherwise expired.