Loading...
HomeMy WebLinkAboutPUD 88-04B; Przesmicki Residence; Planned Unit Development - Non-Residential (PUD)A -X .£w > -for proi City of Carlsbad Planning Department November 19, 2003 Steve Przesmicki 2229 Corte Ananas Carlsbad, Ca 92009 SUBJECT: ADMINISTRATIVE PERMIT NO. PUD 88-04(6) - PRZESMICKI RESIDENCE ADMINISTRATIVE AMENDMENT TO A PLANNED UNIT DEVELOPMENT PERMIT - Request to construct a 555 square foot two-story addition at 2229 Corte Ananas, in the P-C zone and Local Facilities Management Zone 12. APN: 255-261-41 Dear Mr. Przesmicki: The Planning Director has completed a review of your application for an Administrative Amendment to a Planned Unit Development Permit for a 555 square foot two-story addition at 2229 Corte Ananas. 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 Arroyo La Costa Master Plan and 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 La Costa Valley 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 ^ PUD 88-04(B) - PRZESMICKI RESIDENCE November 19, 2003 Page 3 proposed development substantially different from this approval, shall require an amendment to this approval. 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 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 Planned Unit Development 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 12 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 November 19, 2003 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 t n' ICKI RESIDENCE v November 19, 2003 Page 4 . 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 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. City of Carlsbad DON NEU, AICP Assistant Planning Director DN:CS:bd c: Michael Holzmiller Chris DeCerbo Jeremy Riddle File Data Entry