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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 I ----II-----------------“------’ ( EdiiNo.,L* 9-3 -79