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HomeMy WebLinkAboutPUD 91-05E; Engeseth Addition; Planned Unit Development - Non-Residential (PUD)FIE COPY City of Carlsbad '5°* :Rvl;&nini,ng Department October 14, 2008 B.A. Worthing, Inc. PO Box 1041 Carlsbad, CA 92018 SUBJECT: ADMINISTRATIVE PERMIT NO. PUD 91-05(E) - ENGESETH ADDITION - ADMINSTRATIVE AMENDMENT TO A PLANNED UNIT DEVELOPMENT PERMIT - Request to construct a 630 square foot second story addition to an existing two story residence located at 6747 Barberry Place in Local Facility Management Zone 20. APN: 214-552-41 Dear Brooks Worthing: The Planning Director has completed review of your application for an Administrative Amendment to "a Planned Development Permit to construct a 630 square foot second story addition to an existing two story residence located at 6747 Barberry Place. After careful consideration of this request, including any written and verbal comments and objections from surrounding property owners, 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 upon the following findings and conditions: Findings: 1. That the proposed addition complies with the Zone 20 Specific Plan and 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. That the proposed addition is architecturally compatible with the existing residence. 3. That the proposed lot coverage does not exceed 50% of the net pad area and the project complies with the maximum 30 foot building height standards. 4. The project meets the required private rear yard recreational space standard. 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us PUD 91-05(E) - ENGESETH ADDITION October 14, 2008 Page 2 5. That the Planning Director has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15301(e) (Existing Facilities) of the State CEQA Guidelines and will not have any adverse significant impact on the environment in that the project consists of a 630 square foot second story addition to an existing 2,618 square foot two story single family residence, which is an increase of less than 50% of the existing floor area and is less than a 2,500 square foot addition. 6. That all necessary public improvements have been provided. 7. That the proposed addition is compatible with the surrounding future land uses since they are designated for residential development on the General Plan. 8. 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 20. 9. 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: 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 Planning Director does hereby APPROVE the ADMINISTRATIVE AMENDMENT TO A PLANNED DEVELOPMENT PERMIT for the project entitled "ENGESETH ADDITION", Exhibit "A-F", dated August 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 91-05(E) - ENGESETH ADDITION October 14, 2008 Page 3 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the PUD 91-05 (E) 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 20 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 24 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. 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 PUD 91-05(E) - ENGESETH ADDITION October 14, 2008 Page 4 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 GARY T. BARBERIO Assistant Planning Director GTB:GR:lt c: James & Stephanie Engeseth, 6747 Barberry PL, Carlsbad, CA 92018 Don Neu, Planning Director Michele Masterson, Senior Management Analyst Scott Donnell, Team Leader Chris DeCerbo, Principal Planner Mike Peterson, Development Services Manager David Rick, Project Engineer Glen Van Peski, Senior Civil Engineer Data Entry File Copy