HomeMy WebLinkAboutCP 99-02B; Scott Deck Addition; Condo Permit (CP)I
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City of Carlsb,ad
August 6,2001
FPC
5465 Morehouse Drive
Suite 250
San Diego, Ca 92121
SUBJECT: A: - SCOT DECK ADDITION,
ADMINISTRATIVE AMENDMENT TO A CONDOMINIUM PERMIT - Request to
construct a 60 square foot attached second story deck addition at 134 Channel
Road, in the P-C zone and Local Facilities Management Zone 22.
Dear Anna,
The Planning Director has completed a review of your application for an Administrative
Amendment to a Condominium Permit for a 60 square foot attached second story deck addition
at 134 Channel Road. 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:
Findinus
1. That the proposed addition complies with the standard setback requirements of the
Planned Development Ordinance with at least a 5 foot side and 5 foot rear yard setback.
2. A minimum 15’ x 15’ rear yard area is maintained.
3. The proposed addition is architecturally compatible with the existing residence.
4. 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.
5. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 22 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.
1635 Faraday Avenue Carlsbad, CA 92008-7314 (760) 602-4600 FAX (760) 602-8559 www.ci.carlsbad.ca.us @
CP 99-02(B) - SCOTT UECK ADDITION
August 6,2001
Page 2
a. 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.
6. That the proposed project is compatible with the surrounding future land uses
since they are designated for residential development on the General Plan.
7. The Planning Director has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby find, in this case, that the exactions 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.
2.
3.
4.
5.
6.
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 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.
The Planning Director does hereby APPROVE the ADMINISTRATIVE AMENDMENT
TO A CONDOMIUM PERMIT for the project entitled “SCOTT DECK ADDITION”,
Exhibit(s) A-B, dated August 6, 2001, 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.
The Developer shall comply with all applicable provisions of federal, state, and local
laws and regulations in effect at the time of building permit issuance.
Building permits will not be issued for this project unless the local agency providing
water and sewer services to the project provides written certification to the City that
adequate water service and sewer facilities, respectively, are available to the project at
the time of the application for the building permit, and that water and sewer capacity and
facilities will continue to be available until the time of occupancy.
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.
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.
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CP 99-02(8) - SCOTT UECK ADDITION
August 6,2001
Pane 3
7. 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.
8. This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 22 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits, including, but not limited to the
following:
9. Staff is authorized and directed to make, or require the Developer to make, all
corrections and modifications to the Condominium Administrative Amendment
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.
Code Reminders
1. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
#17, the License Tax on new construction imposed by Carlsbad Municipal Code Section
5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by
Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
Local Facilities Management Plan fee for Zone 22, pursuant to Chapter 21.90. All such
taxedfees shall be paid at issuance of building permit. If the taxedfees are not paid,
this approval will not be consistent with the General Plan and shall become void.
2. 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.
Exactions Notice
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 the date of final 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.
CP 99-02(6) - SCOTT DECK ADDITION
August 6,2001
Paqe 4
You are hereby FURTHER NOTIFIED that your right to protest the specified feedexactions
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 feedexactions 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 Greg Fisher at (760)
602-4629. P* RY . WAYN Assisfant Planning Director
GEW:GF:cs
C: Michael Holzmiller
Bobbie Hoder
Chris DeCerbo
David Rick
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