HomeMy WebLinkAboutCP 94-01B; Barton Pool; Condo Permit (CP)wa J Y-/3-97
City of C&bad
September 3, 1999
Mr. Stephen F. Barton
521 Windsock Way
Carlsbad CA 92009
SUBJECT: ADMINISTRATIVE PERMIT NO. CP 94-01(B) - BARTON POOL
ADMINISTRATIVE AMENDMENT TO A CONDOMINIUM PERMIT -
Request to install a spa in the exclusive use rear yard at 521 Windsock
Way, in Planning Area B-l of the Poinsettia Shores Master Plan, in
Local Facilities Management Zone 9.
APN: 216-51 O-25
Dear Mr. Barton:
The Planning Director has completed review of your application for an Administrative
Amendment to a Condominium Permit for the installation of a spa in the exclusive rear
yard at 521 Windsock Way. 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 spa can be made and, therefore, APPROVES
this request based upon the following findings and conditions:
Findinqs
1. That the proposed spa complies with the standard setback requirements for
open water, that being five feet from the exclusive use line and the water’s edge.
2. That the owner has received approval for the spa from the Vistamar at San
Pacific0 Homeowner’s Association.
3. That the Planning Director has determined that the project is exempt from the
requirements of the California Environmental Quality Act (CEQA) per Section
15301 of the State CEQA Guidelines and will not have any adverse significant
impact on the environment.
4. That all necessary public improvements have been provided.
5. That the proposed spa is compatible with the surrounding future land uses since
they are designated for residential development in the General Plan.
6. 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 9.
2075 La Palmas Dr. - Carlsbad, CA 92009-1576 - (760) 438-l 161 l FAX (760) 438-0894 @
CP 94-01 (B) - BARTON POOL
September 3, 1999
Pace 2
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;
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 Condominium Permit.
2. The Planning Director does hereby APPROVE the ADMINISTRATIVE
AMENDMENT TO A CONDOMINIUM PERMIT for the project entitled “BARTON
POOL”, Exhibit “A”, dated September 3, 1999, (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.
3. Staff is authorized and directed to make, or require the Developer to make, all
corrections and modifications to the Condominium Permit Amendment
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 9 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.
- CP 94-01 (B) - BARTON POOL
September 3, 1999
Paae 3
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
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.
GEW:MG: mh
Exhibit “A”, dated September 3, 1999 attached
c: Michael Holzmiller
Bobbie Hoder
Chris DeCerbo
Kathy Farmer
Data Entry
File Copy
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