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Home My WebLink AboutPUD 88-04N; Jaynes Lesinski Addition; Planned Unit Development - Non-Residential (PUD)FILE COPY 3-1 -OS City of Carlsbad PI arm ing Department March 6, 2008 Lisa Lesinski 7945 Paseo Membrillo Carlsbad, CA 92009 SUBJECT: ADMINISTRATIVE PERMIT NO. PUD 88-04 (N) - JAYNES-LESINSKI ADDITION - Request to construct a 1,180 square foot addition to an existing two story single-family residence located at 7945 Paseo Membrillo in Local Facilities Management Zone 12. APN: 255-292-18-00 Dear Ms. Lesinski: The Assistant Planning Director has completed the review of your application for an Administrative Amendment to a Planned Development Permit to construct a 1,180 square foot addition to an existing two story single-family residence located at 7945 Paseo Membrillo. After careful consideration of this request, including written and verbal comments and objections from surrounding property owners, if any, the Assistant 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 upon the following findings and conditions: Findings 1. That the proposed addition complies with the standard setback requirements of the Planned Development Ordinance, in that there is at least a 20 foot front yard setback, a 5 foot side yard setback and a 10 foot rear yard setback. 2. A minimum 15' x 15' rear yard area is maintained. Z. The lot coverage does not exceed 50% of the net lot square footage. 4. The building height complies with the maximum requirement of 30 feet in that there is 24.6 feet proposed. 5. That the proposed addition is architecturally compatible with the existing residence. 6. That the Assistant Planning Director has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) per 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us PUD 88-04 (N) - JAYNES-LESINSKI ADDITION March 6, 2008 Page 2 Section 15301 of the State CEQA Guidelines and will not have any adverse significant impact on the environment. 7. That all necessary public improvements have been provided. 8. That the proposed addition is compatible with the surrounding future land uses since they are designated for residential development on the General Plan. 9. That the 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 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 Union/San Dieguito Union 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. Conditions 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 of 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; record a notice of violation on the property title; 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 a successor in interest by the City's approval of this Administrative Amendment to a Planned Development Permit. 2. The Assistant Planning Director does hereby APPROVE the ADMINISTRATIVE AMENDMENT TO A PLANNED DEVELOPMENT PERMIT for the project entitled "JAYNES-LESINSKI ADDITION", Exhibit(s) "A-H", dated March 6, 2008, (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 Exhibit. Any proposed development substantially different from this approval shall require an amendment to this approval. PUD 88-04 (N) - JAYNES-LESINSKI ADDITION March 6, 2008 Page 3 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the PUD 88-04 (N) 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. 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. 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 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 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 Reminders 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. 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. PUD 88-04 (N) - JAYNES-LESINSKI ADDITION March 6, 2008 Page 4 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 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 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. City of Carlsbad V GARY T. BARBERIO Assistant Planning Director GTB: GR: It Don Neu, Planning Director Michele Masterson, Senior Management Analyst Scott Donnell, Team Leader Chris DeCerbo, Principal Planner Frank Jimeno, Project Engineer Data Entry Tile Copy