HomeMy WebLinkAboutCP 98-04; Hartsock Condominium Conversion; Condo Permit (CP) (5)City of Carlsbad
Planning Department
February 2, 1999
William D. & Kimberly M. Hartsock
3419 Corte Sonrisa
Carlsbad, CA 92009
SUBJECT: CP 98-04 - HARTSOCK CONDO CONVERSION
The City has completed a review of the application for a two-unit condominium
development located at 4683 and 4685 Park Drive, Carlsbad, California.
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
December 15, 1998.
This memo, including the listed findings and conditions, constitutes approval of CP 98-
04.
Findings:
1. The project is consistent with the City's General Plan Land Use Element, and
with all other elements of the City's General Plan since the project density of
18.99du/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 per unit.
Adequate public facilities necessary to serve this project will be provided as
required by the City Engineer in conjunction with the approval of the parcel map
(MS 98-05) required for this project.
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 Planning Director
has made the necessary findings to grant an administrative variance since there are
extraordinary circumstances or conditions applicable to the property or to the
intended use because the existing duplex unit was built consistent with the
2.
2O75 La Palmas Dr. • Carlsbad, CA 92009-1576 • (760) 438-1161 • FAX (76O) 438-O894
CP 98-04-HART •(' CONDO CONVERSION
February 2, 1999
Page 2
development standards of the Residential Waterway (R-W) zone. The R-W zone
includes less restrictive (10' front and 4' side yard setback) development
standards than the Planned Unit Development (20' front yard) Ordinance.
However, the less restrictive R-W zone setback standards were not intended to
preclude or prohibit the conversion of duplex units for condominium ownership.
4. 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.
Conditions:
1. Approval is granted for CP 98-04 as shown on Exhibit "A", dated December 15,
1998 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 98-05.
3. All conditions of MS 98-05 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", mylor 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 98-04 is granted subject to the approval of MS 98-05. CP 98-04
is subject to all conditions contained in MS 98-05 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 certificate of compliance 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:
CP 98-04 - HART > CONDO CONVERSION
February 2, 1999
Page 3
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
CP 98-04-HART C CONDO CONVERSION
February 2, 1999
Page 4
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 the 26 days. The
CC&Rs for the project shall include this requirement.
9. 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.
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.
11. Prior to the issuance of the Final Map for MS 98-05, 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
and successors in interest that the City of Carlsbad has issued a Condominium
Permit CP 98-04 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.
12. 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 1/14/99,
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.
CP 98-04 - HART. : 3ONDO CONVERSION
February 2, 1999
Page 5
13. 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.
14. 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 of the
proposed conversion.
15. That each of the tenants of the proposed condominium project has been or will
be given one hundred-eighty days written notice or intention to convert prior to
termination of tenancy due to the conversion or proposed conversion.
16. That each of the tenants of the proposed condominium project has been or will
be given notice or exclusive right to contract for the purchase of this 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.
17. If any of the foregoing conditions fail to occur; or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right
to revoke or modify all approvals herein granted; deny or further condition
issuance of all future building permits; deny, revoke or further condition all
certificates of occupancy issued under the authority of approvals herein granted;
institute and prosecute litigation to compel their compliance with said conditions
or seek damages for their violation. No vested rights are gained by Developer or a
successor in interest by the City's approval of this Condominium Permit.
CODE REMINDERS
18. The Developer shall give all notices of the condominium conversions to all
tenants as required by the Subdivision Map Act and the Carlsbad Municipal Code.
CP 98-04 - HARr 3 CONDO CONVERSION
February 2, 1999
Page 6
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 protect 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 an 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.
If you have any further questions, please call Greg Fisher in the Planning Department at
(760) 438-1161, extension 4328.
Sincerely,
MICHAEL J. HOLZMILLER
Planning Director
MJH:GF:eh
Attachment
Michelle Masterson
Chris DeCerbo
Van Lynch
Bobbie Hoder
File Copy
Data Entry