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Home My WebLink AboutCP 99-02G; Magar Deck Extension; Condo Permit (CP)__ City of Carlsbad August 5,2002 A. James Magar 6939 Tradewinds Drive Carlsbad, Ca 92009 SUBJECT: ADMINISTRATIVE PERMIT NO. CP 99-02(G) - A.J. MAGAR DECK ADDITION, ADMINISTRATIVE AMENDMENT TO A CONDOMINIUM PERMIT - Request to construct a 266 square foot attached second story deck addition at 6939 Tradewinds Drive in the RD-M zone and Local Facilities Management Zone 22. The Planning Director has completed a review of your application for an Administrative Amendment to a Condominium Permit for a 266 square foot attached second story deck addition at 6939 Tradewinds Drive. 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: Findinas I. That the proposed addition complies with the standard setback requirements of the Planned Development Ordinance with at least a 5 foot side and 10 foot rear yard setback. 2. A minimum 15' x 15' rear yard area is maintained 3. The proposed addition does not exceed the maximum allowable lot coverage-of 50 Yo. 4. The proposed addition is architecturally compatible with the existing residence. 5. 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. 6. 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 1635 Faraday Avenue Carlsbad, CA 92008-7314 (760) 602-4600 * FAX (760) 602-8559 www.ci.car1sbad.ca.us a9 c CP 99-02(G) - A.J. MAL 113 DECK ADDITION July 25, 2002 Paqe 2 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. 7. That the proposed project is compatible with the surrounding future land uses since they are designated for residential development on the General Plan. 8. 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. 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. 2. The Planning Director does hereby APPROVE the ADMINISTRATIVE AMENDMENT TO A CONDOMINIUM PERMIT for the project entitled “A.J. MAGAR DECK ADDITION”, Exhibit(s) A, dated July 25, 2002, 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. 3. 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. 4. 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. - CP 99-02(G) - A.J. MAL.~R DECK ADDITION July 25, 2002 Paqe 3 5. 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. 6. 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. 7. 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. 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 “feeslexactions.” 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. 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 h CP 99-02(G) - A.J. MAC. st3 DECK ADDITION July 25, 2002 Page 4 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 Brandon Nichols at 602-4625. AsListant Planning Director GEW:BN:cs C: Michael Holzmiller Bobbie Hoder Chris DeCerbo Taniya Barrows File Data Entry