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Home My WebLink AboutAV 05-06; Donald Condominiums; Administrative Variance (AV)c CITY OF CARLSBAD LAND USE REVIEW APPLICATION 1) APPLICATIONS APPLIED FOR: (CHECKBOXES) m | _ I I _ | | _ | Administrative Permit Administrative Variance Coastal Development Permit Conditional Use Permit Condominium Permit 0-\ Environmental Impact Assessment General Plan Amendment Hillside Development Permit Local Coastal Program Amendment Master Plan Minor Conditional Use Permit Non-Residential Planned Development Planned Development Permit (FOR DEPARTMENT USE ONLY) I _ | I _ I | _ I | _ I I _ I Planned Industrial Permit Planning Commission Determination Precise Development Plan Redevelopment Permit Site Development Plan Special Use Permit Specific Plan Tentative Parcel Map Obtain from Engineering Department Tentative Tract Map Variance Zone Change List other applications not specified (FOR DEPARTMENT USE ONLY) 2) 3) 4) ASSESSOR PARCEL NO(S).: PROJECT NAME:l\J BRIEF DESCRIPTION OF PROJECT:ITS 5) OWNER NAME (Print or Type)6) APPLICANT NAME (Print or Type) MAILING ADDRESS MAILING ADDRESS CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE . c.o EMAIL ADDRESS: \ CERTIFY THAT INFORMATION KNOWLEDGE THE LEGAt<5WNER AND THAT ALL THE ABOVE UE AND CORRECT TO THE BEST OF MY \ CERTIFY THAT 1 AM THE LEGAL REPRESENTATIVE OF THE OWNER ANp^rTHAI ALL THE ABOVE INFORMATION IS TRUE ANDcoRREjsrro THE BEST OFJ*IY KNOWLEDGE. DATE SIGNATURE"DATE BRIEF LEGAL DESCRIPTION NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS BE FILED, MUST BE SUBMITTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION BE FILED, MUST BE SUBMITTED PRIOR TO 4:00 P.M. Form 14 Rev. 03/06 PAGE 1 OF 5 c 8) LOCATION OF PROJECT:&AS>. ON THE BETWEEN (NORTH, SOUTH, EAST, WEST) STREET ADDRESS SIDE OF AND (NAME OF STREET) (NAME OF STREET)(NAME OF STREET) 9) LOCAL FACILITIES MANAGEMENT ZONE 10) PROPOSED NUMBER OF LOTS 13) TYPE OF SUBDIVISION 11) NUMBER OF EXISTING RESIDENTIAL UNITS 16) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE 19) GROSS SITE ACREAGE 22) EXISTING ZONING 25) 14) PROPOSED IND OFFICE/ SQUARE FOOTAGE 17) PROPOSED INCREASE INADT 20) EXISTING GENERAL PLAN 23) PROPOSED ZONING 12) PROPOSED NUMBER OF RESIDENTIAL UNITS 15) PROPOSED COMM SQUARE FOOTAGE 18) PROPOSED SEWER USAGE IN EDU 21) PROPOSED GENERAL PLAN DESIGNATION '24) HABITAT IMPACTS IF YES, ASSIGN HMP # IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMBERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TO ENTRY FOR THIS PURPOSE SIGNATURE FOR CITY USE ONLY FEE COMPUTATION APPLICATION TYPE TOTAL FEE REQUIRED FEE REQUIRED DATE STAMP APPLICATION RECEIVED RECEIVED BY: Form 14 Rev. 03/06 PAGE 2 OF 5 City of Carlsbad Planning Department DISCLOSURE STATEMENT Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person £ R»V O p &*~ K Corp/Part Title . Title Address Z^Z^ W^^WA. \fHfM4Tess 2. OWNER (Not the owner's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e, partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person -fe /"£/£ Ijn AJA (-.& Corp/Part Title /gu^x^/g/e Title Address 35^5" Koc^id^f £/) Address 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us o 3. NON-PROFIT ORGANIZATION OR TRUST ! - If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non-profit organization or as trustee or beneficiary of the. Non Profit/Trust Non ProfitfTrust Title Title Address Address 4. Have you had more than $250 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? Yes /*\ No If yes, please indicate person(s):_ NOTE: Attach additional sheets if necessary. I certify that rrtsTrue and correct to the best of my knowledge. er/date Signature of applicant/date Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 of 2 FROM : CALIFORNIA OflKS.CflR HSS FftX N°' : 19096961S4S CITY OP CARLSBAD LAND USE REVIEW APPLICATION . 16 2005 11:26AM P5 PAGE 85/11 1) APPLICATIONS APPLIED FOR: (CHECKBOXES) (FOR OEPARTOENT (FOR {~~| Pa Fl D {""] Administrative Variance Coastal Development Permit conoifionai use P«nm!t Condominium Permit Environmental impact Assessment General Plan Amendment Hillside Development Permit Locaf Coastal Program Amendment Master Plan hton-Rastctenfial Ptanned oavatopirwnt Planned Development Pejmlt AV top 05-13 a a Planned Industrial Permit Planning Commtaaion Determination Precise Development Ran Redevelopment Permit Site Development Plan Special Use Permit Specific Plan Tentative Poroet MopObtain from Engln«Mtng Oepaitnuuit ^H Tentative Tract Map O Variance [~] Zone Chanee List otfiwr applications not specified Qa D SUP QS-(fa 2) 3) 4) ASSESSOR PARCEL NO(S).: PROJECT NAME: BRJEF DESCRIPTION OF PROJECT: 5} OWNER NAME (Print or Type)\ 6) APPLICANT NAME (Print or Type) rij.^L-^^-'r -T7.X ~^ £ EftflAIL ADDRESS:// THAT AU, THE ABOV6TO THE BEST OF MY *,.i.~.i ' i fcai T mmmiuf^t ma KMA1L ADDRESS: Jj»» ' -AM OWNER ANOTftAT AUU THE ABfXE INFORMATION IS TRUE AND CORRECTTflfTHE BEST OF MY KN< I CEFmFYTHAT I INFORMATION KNOWLeDQE. >/ SiGNATUKE l f )///6/fl^' DATE 'SIG Hf ElEF LEGAL DESCRIPTION NOTE: A PROl>08EO PROJECT REQU1RIHO MULTIPLE APPLICATIONS SE PILED, MO^T BE SUBMITTED ;I»RK»» TO *30 P.M. Form 14 B«v, 19./04 PAGE 1 OF 5 FROM '.CflLIFORNIft OAKS CflR FAX NO. : 19096961846 . 16 20B5 ii:27flM P6 PAGE 06/U 8) LOCATION OF PROJECT:T- *T AfSLg>gAT> - STREETADDRESS SIDE OF I "/C££«&H JNAME 6OF STREET) AND ttiAME OF STREET) 9} LOCAL FACIUTIES MANAGEMENT ZONE 10) PROPOSED NUMBER OF LOTS 1 3} TYPE OF SUBOWtSKJN 16) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE 19) GROSS SITE ACREAGE 22} EXISTING ZONINO 11) NUMBER OF EXISTING RESIDENTIAL UNIT3 14) PROPOSED INO OFFICE/ SQUARE FOOTAGE PROPOSED INCREASE 9 INADT 20) EXISTING GENERAL PLAN PROPOSED 2DNINO (NAME OF STREET) 12) PROPOSED NUMBER OP RESIDENTIAL UNITS 15) PROPOSED CQMM SQUARS FOOTAQ6 18) PROPOSED SEW6R U3AGEINEDU 21) PR.OP08S) GENERALPUN DESIGNATION 24) HABITAT IMPACTS 25) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITYSTAFF, PLANNING coMMissiONERS^oesiGN REVIEW SOARO MEMBERS OR CTTY COUNCIL MEMBERS ENTER THE^ftOPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT FOR CITY USE ONLY FEE COMPUTATION APPLICATION TYPE FEE REQUIRED • AL FEE REQUIRED v^.j - U;" CAHLSBAO DATE iSTAMP APPUCATfOffRlCEfVED RECEIVED 74 Rev, 12/04 PAGE 2 OP 6 PROJECT DESCRIPTION/EXPLANATION PROJECT NAME: APPLICANT NAME:_ Please describe fully the proposed project by application type. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may also include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. Description/Explanation: Project site consists of a 10,058 s.f. lot, zoned R-3, in the RMH General Plan with the Beach Area Overlay zone, currently occupied by a single family dwelling unit, attached garage, low masonry walls along north and south property lines and various masonry paved walkways. Topography of the site consists of level and sloping portions along with existing primary and secondary seawalls along the beach portion. The proposed scope of work is to remove the existing single-family dwelling and replace it with 2 residential condominium dwelling units in approximately the same footprint of the existing dwelling, (approximately 4,697 sq. ft. of coverage or 47%). The new structure will incorporate and expanded basement level as a part of the overall foundation system and providing additional living and storage space. The overall height at any point within the scope of the proposed development is not proposed to exceed the 30-ft. maximum. The proposed 2 new residential condominium units each have attached 2-car garages, private entrances, one guest space for the 2 units, varied wall planes, roof element, window treatments and extensive patio walkways and landscaping elements. The proposed project is consistent with the zoning regulations, general plan, overlay zoning and local coastal requirements along with all development along Ocean Street. Project Description 10/96 Page 1 of 1 FROM rCPlLIFORNIft OflKS CAR WftS^S, FAX NO. : 19096961846 City of Carlsbad _ up , •^••••••••••^••^•IIMMHMHNI DISCLOSURE STATEMENT Planning Department Applicant's statement or disclosure of certain ownership interests on a» applications which wilf require discretion^ action on the part of the City CouncflI or any appointed Boara, Commtesfon or Committee^ The following information MU£T be disclosed at the time of application submHtal Your project cannot be reviewed until this Information Is completed. Please print. Note: . Person is defined as "Any Individual, firm, co-partnership, joint venture, association, soeUtt club, fraternal organization, corporation, estate, trust, receiver, syndicate, to this and any other .county, city ana county, ofty municipality, district or other potffleaf aUBdiviaJon or any other group or coiaWrwaon acting a» a unJt" Agents may' sign this document; however, the legal name and entity of tire applicant and properly owner must ba provittetf below, ' • ' •••".-. 1. APPLICANT (Not tha applicant's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, floe, addresses of all Individuate owning more than 10% of the snares, IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NOM-APPLICABLE (N/A) IN THE SPACE BELOW. If a pubUptv-ownod corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Parson JA| A y|Jgi. K&.U tt5 Corp/Part TMe &ffL&MtT&£sf Title Address OWNER (Not the owner's agent) Provide the COJMPLETg. LEGAL names and addresses of ALL persons having any ownership Interest in the property involved. Also, provide the nature of the legal ownership (f-e, partnership, tenants In common, non-profit, corporation, etc.). If. the ownersWp tndudea a corporation or partnership. Include the names, title, addresses of all Individuate owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a pubBdv-owned corporation, include fire names, titles, and addresses of me corporate officers. (A separate page may be attached if necessary.) Corp/Par^ Title Address. 1636 Famday Avwue • CarlsbwJ. CA 9S008-7314 • (780> 602-460Q « FAX (750) SC2-8S59 • www.oj.oarisbad.ca.ua FROM :CftLIFORNIfi OflKS CAR FftX NO. '.19096961846 16 2005 11:26AM P4 PAGE 34/U 3. NON-PROFIT ORGANIZATION OR TRUST if any person identified pursuant to (1) or (2) above ts a npnoroffl organization pr-^trusj;. list the names and addresses of ANY person serving as an officer or director of the non-profit organization or as trustee or beneficiary of the. Non Profit/Trust Non Profit/Trust Tffie Title Address.Address. Have you bad more than $250 worth of business transacted with any member of City staff, Boards,, Commissions, Committees and/or Coundl vwHhin the past twelve (12) months? D Yes If yes, please indicate psreon(«}:_ NOTE: Attach additional sheets if necessary. I certify that eJlttte above infonjja«on is true and \\jufo5 of te PnYit or tyne name of owner Print ortype name of appffcant Print or type name of owner/appficanfs agent H:ADM!N\CQUNTe»D|SO,QSURE!3TATEM6J'fr 5/98 Page 2 of 2 JUSTIFICATION FOR VARIANCE By law a Variance may be approved only if certain facts are found to exist. Please read these requirements carefully and explain how the proposed project meets each of these facts. Use additional sheets if necessary. 1. Explain why there are exceptional or extraordinary circumstances or conditions applicable to the property or to the intended use that do not apply generally to the other property or class of use in the ; vicinity and zone: 2. Explain why such variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone but which is denied to the property in question: 3. Explain why the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located: 4. Explain why the granting of such variance will not adversely affect the comprehensive general plan: FormS Revised 04/04 Page 4 of4 c o Ocean Street Variances Address Project Number Variance Date/Action 2479 Ocean Street AV 99-01/CDP 99-04 20'-15' 6/2/99 (Day Residence) 2649 Ocean Street V 02-05/CDP 02-28 20'-0' 2/5/03 (KiKo Residence) 2641/43 Ocean St V 03-01/CDP 02/50 5'-0' 11/2003 (Russell Residence) (Previous Variance) 3075 Ocean Street V 00-401/CDP 00-50 20'-0' 1/3/01 (Quirk Residence) 2653 Ocean St V97-03/SDP 97-17/CDP97-36 20'-0' 5/6/98 (Ocean Street Condo Palisoul/Blair) Look Up V 97-02 V 96-01 C 3 FILE COPY City of Carlsbad Planning Department NOTICE OF REQUEST FOR ADMINISTRATIVE VARIANCE Notice is hereby given that an administrative variance has been applied for to allow a reduced front yard setback from 20 feet to 12 feet on property generally located at 2497 Ocean Street, Carlsbad, California. If you have any objections to the granting of this variance or wish to have an informal hearing to discuss the requested variance, please notify the Planning Department, 1635 Faraday Avenue, Carlsbad, California 92008, in writing within 10 days of the date of this notice. If you have any questions, please call Greg Fisher in the Planning Department at 602-4629. CASE NO.:AV 05-06 CASE NAME: Donald Condominiums DATE:September 12, 2006 CITY OF CARLSBAD PLANNING DEPARTMENT 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us o STATE OF CALIFORNIA - THE RESOURCES AGENCY DEPARTMENT OF FISH AND GAME ENVIRONMENTAL FILING FEE CASH RECEIPT DFG 753.5a (8-03) Lead Agency: City of Carlsbad 274123 Date: 10/04/2006 County/State Agency of Filing: San Diego Document No.: Project Title: AV 05-06 - Donald Condominiums Project Applicant Name: Eric Beck Phone Number: (909) 855-2531 Project Applicant Address: 24423 Whitaker Way, Murrieta, CA 92562 Project Applicant (check appropriate box): Local Public Agency | [ School District | | Other Special District State Agency | | Private Entity ["/] CHECK APPLICABLE FEES: ( ) Environmental Impact Report ( ) Negative Declaration ( ) Application Fee Water Diversion ( ) Projects Subject to Certified Regulatory Programs ( ) County Administrative Fee (/) Project that is exempt from fees Signature and title of person receiving payment: WHITE - PROJECT APPLICANT YELLOW - DFG/FASB PINK - LEAD AGENCY fe Water Resources ry Programs /to $850.00 $1,250.00 Control Board Only) $850.00 $850.00 $25.00 - //^" TOTAL RECEIVED f£k>^ $ $ $ $ $ $ Deputy GOLDENROD - STATE AGENCY OF FILING NOTICE OF EXEMPTION / "3 [. ^_ 5? A To: SD County Clerk /from: ^^PY OF^RLSBAD Gregory,Smlth,Recorde,CountyCle^ Attn: Anthony J. Consul ,s,; Pj^iti Mail Stop A-33 \$ ^^685 FaraJ^ Avenue OCT 0 4 2006 1600 Pacific Highway % C3€^flsba(^A 92008 San Diego CA 92101 ;%^ ^ ' ' • ••":: S? •!?•?€>-"'•' BY.DEPUTY Subject: Filing of this Notice of Exemption is in compliance with Section 21152b of the Public Resources Code (California Environmental Quality Act). Project Title; AV 05-06 - Donald Condominiums Project Location - Specific: 2497 Ocean Street Project Location - City: Carlsbad Project Location - County; San Diego Description of Project; Reduced front yard setback from 20 feet to 12 feet for the development of two new air-space condominiums Name of Public Agency Approving Project; City of Carlsbad Name of Person or Agency Carrying Out Project: Greg Fisher Name of Applicant; Eric Beck Applicant's Address: 24423 Whitaker Way. Murrieta. CA 92562 Applicant's Telephone Number: 909-855-2531 Exempt Status: (Check One) D Ministerial (Section 21080(b)(l); 15268); D Declared Emergency (Section 21080(b)(3); 15269(a)); D Emergency Project (Section 21080(b)(4); 15269 (b)(c)); E<] Categorical Exemption - State type and section number: New Construction: 15303(b). Class 3 HH Statutory Exemptions - State code number: Reasons why project is exempt; New construction of not more than four dwelling units Lead Agency Contact Person; Greg Fisher Telephone: (760) 602-4629 ,1 MARCELA ESCOBAR-ECK, Planning Director/ ' I ( Date Date received for filing at OPR: FILED IN THE OFCF. O^THE COUNTY CLERK Revised November 2005 c o City of Carlsbad Planning Department September 27,2006 Rick Beck 24423 Whitaker Way Murrieta, CA 92562 SUBJECT: AV 05-06 - DONALD CONDOMINIUMS The Planning Director has completed a review of your application for an Administrative Variance, AV 05-06 at 2497 Ocean Street. The variance consists of a request to reduce the required front yard setback from 20 feet down to 12 feet to accommodate the development of two attached airspace condominium units along the west or bluff side of Ocean Street. After careful consideration of the circumstances surrounding this request, the Planning Director has determined that the four findings required for granting an Administrative Variance can be made and therefore, approves this request based on the following findings and conditions. Findings; 1. There ARE exceptional or extraordinary circumstances or conditions applicable to the property or to the intended use that do not apply generally to the other property or class of use in the same vicinity and zone, in that the lot has a number of constraints which include an undevelopable coastal bluff, a coastal stringline structure setback, sloping topography and the availability of only approximately 40' of developable flat pad west of the 20' front yard setback. These constraints limit the ability to design a residential structure(s) with garages similar in size to those presently located on the west or bluff side of Ocean Street without granting a front yard setback variance. These conditions also exist on other lots on the west side of Ocean Street where similar variances have been granted. However, they do not generally exist for other properties located along the east side of Ocean Street and in the R-3 zone. The City's Engineering Department is also requiring the applicant to dedicate an additional five feet of public right-of-way in order for the City to improve the road way to its ultimate width of 50 feet in the future. The proposed residence will meet the required interior side yard and rear yard setbacks for the lot. 2. The requested variance IS necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone but which is denied to the property in question, in that the majority of lots on the west or bluff side of Ocean Street provide garages or parking structures within the front yard setback due to the lot constraints described above. Without the approval of the variance, a significant portion of the level area of the lot would be undevelopable, preventing 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us AV 05-06 - DONALD CCWDOMINIUMS September 27,2006 Page 2 the applicant from achieving similar lot coverage and square footage enjoyed by other properties located on the west or bluff side of Ocean Street. 3. The granting of this variance WOULD NOT be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the property is located, in that the 8-foot reduction in the required front yard setback (from 20' to 12') would not limit visibility or harm the health, safety, and general welfare of passing pedestrians and motorists. The neighborhood was originally developed with reduced front yard setbacks and similar encroachments have been present for some time. 4. The granting of this variance WILL NOT adversely affect the comprehensive General Plan, in that the proposed use is a two unit residential airspace condominium project and is consistent with the Residential Medium-High Density (RMH) Land Use designation and no negative circulation impacts will result. Conditions; 1. Approval is granted for AV 05-06 as shown on Exhibit "A" dated September 27, 2006, on file in the Planning Department and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. 2. Prior to the issuance of the building permit, Developer shall submit to the City a Notice of Restriction executed by the owner of the real property to be developed. Said notice is to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued an Administrative Variance on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 4. 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. 5. This approval is granted subject to the approval of SDP 05-17/HDP 05-13/CDP 05- 52/CP 06-11 and is subject to all conditions contained in Planning Commission Resolutions No. 6175, 6176, 6177 and 6177 for those other approvals incorporated herein by reference. AV 05-06 - DONALD CONDOMINIUMS September 27, 2006 Page 3 This decision may be appealed by you or any member of the public to the Planning Commission within ten days of receipt of this letter. Appeals must be submitted in writing to the Planning Commission at 1635 Faraday Avenue in Carlsbad, along with a payment of $550.00. The filing of such appeal within such time limit shall stay the effective date of the order of the Planning Director until such time as a final decision on the appeal is reached. If you have any questions regarding this matter, please feel free to contact Greg Fisher at (760) 602-4629. Sincerely, DON NEU Assistant Planning Director c: Project Engineer Data Entry File Copy Laurence Sawyer, 2445 Garfield Street, Carlsbad, CA 92008 J & D Diggers, 2490 Ocean Street, Carlsbad, CA 92008 John Ford, 15 Tiburon Bay Drive, Corona Del Mar, CA 92625 John Ford, 2445 Ocean Street, Carlsbad, CA 92008 c A\J A'. -£" w.e,^ ^ ^y<?~7 0^1 "S^ ^s? ,2^- ^_t-c?stf^ a-$ o<5^'7^*7/c^ ^5 / 0'