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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.