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HomeMy WebLinkAboutCP 182A; Samuelson Addition; Condo Permit (CP)FILE COPY City of Carlsbad Planning Department January 3, 2005 Jack & Sally Samuelson 5000 Edenhurst Ave Los Angeles, CA 90039 SUBJECT: ADMINISTRATIVE PERMIT NO. CP 182(A) - SAMUELSON ADDITION ADMINISTRATIVE AMENDMENT TO A CONDOMINIUM PERMIT - Request to construct an enclosure of a 251 square foot first floor patio and a second floor balcony at 2350 Rue Des Chateaux, in the R-3 zone and Local Facilities Management Zone 1. APN: 203-010-19-13 Dear Mr. and Mrs. Samuelson: The Planning Director has completed a review of your application for an Administrative Amendment to a Condominium Permit for an enclosure of a 251 square foot first floor patio and a second floor balcony at 2350 Rue Des Chateaux. After careful consideration of this request including written and verbal comments and objections from surrounding property owners, if any, the Planning Director has determined that the findings required for granting an Administrative Permit for the proposed addition can be made and, therefore, APPROVES this request based on the following findings and conditions: Findings 1. That the proposed addition complies with the standard setback requirements of the Planned Development Ordinance with at least a 5 foot side yard setback and a 10 foot rear yard setback. 2. A minimum 15' x 15' rear yard area is maintained. 3. The lot coverage does not exceed 50% of the net lot square footage. 4. The proposed addition is architecturally compatible with the existing residence. 5. That the owner has received approval for the addition from the Architectural Committee and Board of Directors for the Beach Master Homeowner's Association. 6. That the Planning Director has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15301 of the state CEQA Guidelines. In making this determination, the Planning Director has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us CP 182(A) - SAMUELSON ADDITION January 3, 2005 Page 2 ^ 7. That all necessary public improvements have been provided. 8. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 1 and all City public facility policies and ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding: sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. a. The project has been conditioned to provide proof from the Carlsbad Unified School District that the project has satisfied its obligation for school facilities. b. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior to the issuance of building permit. 9. That the proposed project is compatible with the surrounding future land uses since they are designated for residential development on the General Plan. 10. The Planning Director has reviewed each of the exactions imposed on the Developer contained in this letter, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions of Approval / 1. If any of the following conditions fail to occur, or if they are, by their terms to be implemented and maintained over time, if any 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 successor in interest by the City's approval of this Administrative Amendment to a Condominium Permit. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the CP 182(A) documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval shall require an amendment to this approval. 3. The Planning Director does hereby APPROVE the Administrative Amendment to a Condominium Permit for the project entitled "SAMUELSON ADDITION - CP 182(A)", Exhibit(s) A-D, dated January 3, 2005, on file in the Planning Department and incorporated by this reference, subject to the conditions herein set forth. Development shall occur substantially as shown on the approved Exhibits. Any proposed development substantially different from this approval, shall require an amendment to this approval. CP 182(A)- SAMUELSON ADDITION January 3, 2005 Page 3 4. The Developer shall comply with all applicable provisions of federal, state, and local ordinances in effect at the time of building permit issuance. 5. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. 6. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this residential housing project are challenged this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 7. This approval shall become null and void if building permits are not issued for this project within 18 months from the date of project approval. 8. The Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Condominium Administrative Amendment Permit, (b) City's approval or issuance of any permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. 9. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. Code Reminder 10. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 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 3, 2005 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. CP 1 82(A) - SAMUELSON ADDITION January 3, 2005 Page 4 _ _ _ 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. This decision may be appealed by you or any other member of the public to the Planning Commission within ten days of the date of this letter. Appeals must be submitted in writing to the Planning Department at 1635 Faraday Avenue in Carlsbad, along with a payment of $400.00. The filing of such appeal within such time limit shall stay the effective date of the order of the Planning Director until such time as a final decision on the appeal is reached. If you have any questions regarding this matter, please feel free to contact Chris Sexton at (760) 602-4624. Sincerely, / WA DON NEU, AICP Assistant Planning Director DN:CS:aw c: Van Lynch Joanne Juchniewicz File Data Entry