HomeMy WebLinkAboutPUD 88-04D; Steigerwald Residence; Planned Unit Development - Non-Residential (PUD)f-V
City of Carlsbad
Planning Department
January 8, 2004
David Steigerwald
2237 Corte Ananas
Carlsbad, CA 92009
SUBJECT: PUD 88-04(0) - STEIGERWALD ADDITION - ADMINISTRATIVE AMENDMENT
TO A PLANNED UNIT DEVELOPMENT PERMIT - Request to construct a 509
square foot two-story addition at 2237 Corte Ananas, in the P-C zone and Local
Facilities Management Zone 12.
APN: 255-271-01
Dear Mr. Steigerwald:
The Planning Director has completed a review of your application for an Administrative
Amendment to a Planned Unit Development Permit for a 509 square foot two-story addition at
2237 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(0) - STEIGE™ALD ADDITION
January 8, 2004
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 12 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 Encinitas 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 resolution, 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 Planned Unit Development Permit.
2. Staff is authorized and directed to make, or require the Developer to make, all
corrections and modifications to the PUD 88-04(0) 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 PLANNED UNIT DEVELOPMENT PERMIT for the project entitled
"STEIGERWALD ADDITION", Exhibit(s) A-E, dated January 8, 2004, 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
PUD 88-04(0) - STEIGE™ALD ADDITION
January 8, 2004
Page 3
Exhibits. Any 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 January 8, 2004 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
PUD 88-04(0) - STEIGE™ALD ADDITION
January 8, 2004
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
DONNEU.AICP
Assistant Planning Director
DN:CS:mh
c: Michael Holzmiller
Chris DeCerbo
Joanne Juchniewicz
Data Entry