HomeMy WebLinkAboutCP 99-05; Worth Condominium Conversion; Condo Permit (CP)City
April 7 1999
Thomas Worth
1435 Forest Avenue
Carlsbad CA 92008
SUBJECT: CP 99-05/MS 98-04 - WORTH CONDO CONVERSION
The City has completed a review of the application for a two-unit condominium
development located at 4681 Park Drive, Carlsbad CA.
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
Exemption was filed on April 2, 1999.
This letter, including the listed findings and conditions, constitutes approval of CP
99-05.
Findinos:
1. The project is consistent with the City’s General Plan Land Use Element
since the project density of 22.0 du/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.
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 98-04) 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, except the requirement for a 20 foot front yard setback. The
Planning Director has made the necessary findings to grant an administrative
variance (AV 98-02) since there are extraordinary circumstances applicable
to the property because the existing duplex unit was built consistent with
the 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 Development Ordinance (20’ front
2075 La Palmas Dr. - Carlsbad, CA 92009-1576 - (760) 438-l 161 - FAX (760) 438-0894 @
CP 99-OWMS 98-04 =-WORTH CONDO CONVERSION -
April 2, 1999
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yard setback). 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.
2.
3.
4.
5.
6.
7.
Approval is granted for CP 99-05 as shown on Exhibit “A”, dated April 7,
1999, 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 98-04.
All conditions of MS 98-04 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.
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 99-05 is granted subject to the approval of MS 98-04. CP
99-05 is subject to all conditions contained in MS 98-04 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.
CP 99-OYMS 98-043ORTH CONDO CONVERSION -
April 2, 1999
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 bv the Citv. 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
CP 99-OWMS 98-04 =-WORTH CONDO CONVERSION -
April 2, 1999
8.
9.
10.
11.
purposes of collecting such special assessment in accordance with
the procedures set forth in Article of this Declaration.
This project is being approved as a condominium permit for residential home
ownership 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.
Prior to approval of the Parcel Map, 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.
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.
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
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.
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.”
CP 99-05/MS 98-04 -=vVORTH CONDO CONVERSION -
April 2, 1999
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You have 90 days from [insert date of approval] 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.
If you have any further questions, please call Van Lynch in the Planning
Department at (760) 438-l 161, extension 4447.
Sincerely,
Planning Director
MJH:VL:eh
Attachment
c: Clyde Wickham
Dee Landers
Bobbie Hoder
File Copy
Data Entry