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HomeMy WebLinkAboutCP 99-03; Fox Storage Shed; Condo Permit (CP) (2)city of March 8, 1999 Mr. Gerald Fox 2415 Burgeos Court Carlsbad. CA 92009 SUBJECT: ADMINISTRATIVE PERMIT NO. CP 99-03 - FOX RESIDENCE ADMINISTRATIVE AMENDMENT TO A CONDOMINIUM PERMIT - Request to construct a 142 square foot attached storage shed at 2415 Burgeos Court, in the R-2 zone and Local Facilities Management Zone 6. APN: 2 16-240-37-02 Dear Mr. Fox: The Planning Director has completed a review of your application for an Administrative Amendment to a Condominium Permit for an attached 142 square foot storage shed at 2415 Burgeos Court. 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 1. That the proposed addition complies with the standard setback requirements of the Planned Development Ordinance with at least a 5 foot side setback and a 10 foot rear setback. 2. The lot coverage of the subject property does not exceed 40%. 3. A minimum 15’ x 15’ rear yard area is maintained. 4. The proposed addition is architecturally compatible with the existing residence. 5. The property owner has obtained approval for the proposed storage shed from the owner of the adjacent unit. 6. That the Planning Director has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15301 of the state CEQA Guidelines and will not have any adverse significant impact on the environment. 2075 La Palmas Dr. - Carlsbad, CA 92009-1576 - (760) 438-l 161 - FAX (760) 438-0894 @ CP 99-03 - FOX RESIDTNCE March 8, 1999 Page 2 7. That all necessary public improvements have been provided. 8. That the owner/applicant is required by the inclusion of an appropriate condition to pay a public facilities fee. Performance of that contract and the payment of the fee will enable the Planning Director to find that public facilities will be available concurrent with need as required by the General Plan. 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. That the owner/applicant is by condition required to pay any increase in public facilities fees, or new construction tax, or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. 11. That this project is consistent with the City’s Growth Management Ordinance as it has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 6. Conditions of Approval 1. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the CP 99-03 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. 2. The Planning Director does hereby APPROVE the ADMINISTRATIVE AMENDMENT TO A CONDOMINIUM PERMIT for the project entitled “FOX RESIDENCE”, Exhibit(s) A-B, dated March 8, 1999, (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 ordinances in effect at the time of building permit issuance. 4. 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. If the fees are CP 99-03 - FOX RESIDFNCE March 8, 1999 Page 3 not paid, this application will not be consistent with the General Plan and approval for this project will be void. 5. 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. 6. 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. 7. 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. 8. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 6 Local Facilities Management Plan and any amendments made to that Plan. Engineering: 9. Surface drainage patterns shall be shown on the site plan. A minimum 1% flow will be required. 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 March 8, 1999 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. CP 99-03 - FOX RESIDTNCE March 8, 1999 Page 4 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. 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 2075 Las Palmas Drive 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 Barbara Kennedy at (760) 438-l 161, extension 4325. Citv of Carlsbad GARY% WAYNE ’ Assistant Planning Director GEW:BK:mh Exhibits A-B: Site Plan/Floor Plans c: Michael Holzmiller Bobbie Hoder Chris DeCerbo David Rick File Data Entry Memorandum TO: Planner, Barbara Kennedy FROM: Engineering Technician, David Rick DATE: February 12, 1999 CP 99-03: FOX STORAGE SHED COMPLETENESS & ISSUES REVIEW Engineering Department staff has completed a review of the above-referenced project for application completeness. The application and plans submitted for this proposed project are considered complete. Additionally, staff has conducted a review of the project for engineering issues of concern. Engineering issues which need to be resolved or adequately addressed prior to staff making a determination on the proposed project are as follows: 1. Show surface drainage patterns on the site plan. Indicate that min. 1 percent flow will be obtained. I have no conditions to add to this project. To facilitate processing, you may show me the revised plan in person and I will sign giving the ok. If you or the applicant have any questions, please either see or contact me at extension 4324. DAVID RICF Engineering Technician Land Development Division