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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