HomeMy WebLinkAboutSDU 00-02; James Canyon Estates Lot 11; Second Dwelling Unit (SDU)City- of Carlsbad
September 7,200O
Mr. Mike Hall
Hall investment, Inc.
10675 Sorrento Valley Road, Suite 200
San Diego, CA 92121
SUBJECT: ADMINISTRATIVE PERMIT NO. SDU 00-02 - JAMES CANYON
ESTATES- Request to develop an attached 640 square foot second
dwelling unit on Lot 11 of CT 98-20 in the R-l zone and Local Facilities
Management Zone 1.
Dear Mike:
The Planning Director has completed a review of your application for an Administrative
Second Dwelling Unit Permit for an attached 640 square foot second dwelling unit on
Lot 11 of CT 98-20, James Canyon Estates. 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 a second dwelling unit can be made and,
therefore, APPROVES this request based on the following findings and conditions:
Findings
1. That the attached second dwelling unit has a separate entrance, does not
exceed 640 square feet, is architecturally compatible with the proposed primary
unit, retains the appearance of a single-family dwelling, and complies with all of
the applicable development standards of the R-l zone.
2. That the Planning Director has determined that the project belongs to a class of
projects that the State Secretary for Resources has found do not have a
significant impact on the environment, and it is therefore categorically exempt
from the requirement for the preparation of environmental documents pursuant to
Section 15303 (single family residence not in conjunction with the building
of two or more such units) of the state CEQA Guidelines. In making this
determination, the Planning Director has found that the exceptions listed in
Section 15300.2 of the state CEQA Guidelines do not apply to this project.
3. That the project is consistent with Objective 3.7 of the Housing Element of the
General Plan in that second dwelling units provide a housing type alternative that
is affordable to lower income households.
1635 Faraday Avenue l Cartsbad, CA 92008-7314 l (760) 602-4600 l FAX (760) 602-8559 l www.ci.carlsbad.ca.us @
SDU 00-02 - JAMES CANYON ESTATES
September 7,200O
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4. That pursuant to Attachment “A”:
A The owner/applicant agrees to rent the second dwelling unit at a monthly
rental rate which shall not exceed an amount equal to 30% of the gross
monthly income of a low-income household, adjusted for household size,
at 80% of the San Diego County median income.
B The owner/applicant declares that this second dwelling unit is not in
conflict with the existing conditions, covenants and restrictions (CC&Rs)
applicable to the title of the subject property.
C The owner agrees to continually occupy either the primary dwelling unit or
the second dwelling unit.
5. That since the second dwelling unit has been integrated into the primary unit
which is consistent with all of the applicable development standards of the R-l
zone and will generate little Average Daily Traffic, it will not be detrimental to the
public welfare or injurious to the property or improvements in such vicinity and
zone in which the property is located.
6.
7.
That the second dwelling unit is provided with an on-site parking space.
That the site is physically suitable for the type and density of the development
since the site is adequate in size and shape to accommodate residential
development at the density proposed.
8. That the proposed project is compatible with the surrounding future land uses
since they are designated for residential development on the General Plan.
9.
.
IO.
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.
That this 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 1.
Conditions of Approval
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 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,
SDU 00-02 - JAMES CANYON ESTATES
September 7,200O
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2.
3.
4.
5.
6.
7.
8.
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
successor in interest by the City’s approval of this Second Dwelling Unit
Administrative Permit.
Staff is authorized and directed to make, or require the Developer to make, all
corrections and modifications to the SDU 00-02 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.
The Developer shall comply with all applicable provisions of federal, state, and
local ordinances in effect at the time of building permit issuance.
This project shall comply with all conditions and mitigation measures which are
required as part of the Zone 1 Local Facilities Management Plan and any
amendments made to that Plan prior to the issuance of building permits.
Building permits will not be issued for development of the subject property unless
the District Engineer determines that sewer facilities are available at the time of
application for such sewer permits and will continue to be available until time of
occupancy.
The Developer shall provide proof of payment of statutory school fees to mitigate
conditions of overcrowding as part of the building permit application. The amount
of these fees shall be determined by the fee schedule in effect at the time of
building permit application.
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 residential housing 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.
Prior to the issuance of a certificate of occupancy, owner/applicant shall submit
to the City a Notice of Restriction 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 a(n) Second
Dwelling Unit Permit on the real property owned by the owner/applicant. 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
Notice of Restriction shall specify that all owners and successors in
interest are required to sign and file an Affidavit of Compliance for this
Second Dwelling Unit. The Planning Director has the authority to execute and
SDU 00-02 - JAMES CANYON ESTATES
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record an amendment to the notice which modifies or terminates said notice
upon a showing of good cause by the owner/applicant or successor in interest.
9. 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.
Code Reminders
10. Developer shall pay the citywide Public Facilities Fee imposed by City Council
Policy #17, the License Tax on new construction imposed by Carlsbad
MunicipalCode Section 5.09.030, and CFD #l special tax (if applicable), subject
to any credits authorized by Carlsbad Municipal Code Section 5.09.040.
Developer shall also pay any applicable Local Facilities Management Plan fee for
Zone 1, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance
of building permit. If the taxes/fees and not paid, this approval will not be
consistent with the General Plan and shall become void.
11. 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.
12. Addresses, approved by the Building Official, shall be placed on all new and
existing buildings so as to be plainly visible from the street or access road; color
of identification and/or addresses shall contrast to their background color, as
required by Carlsbad Municipal Code Section 18.04.320.
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 the 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.
This decision may be appealed by you or any other member of the public to the
Planning Commission within ten days of the date of this letter. Appeals must be
SDU 00-02 - JAMES CANYON ESTATES
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submitted in writing to the Planning Department at 1635 Faraday Avenue in Carlsbad,
along with a payment of $400.00. 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 Anne Hysong at (760) 6024622.
d , _
GEW:AH:cs
Attachment A: Affidavit of Compliance for a Second Dwelling Unit
Exhibits A-C: Site Plan/Floor Plans
c: Michael Holzmiller
Chris DeCerbo
File
Data Entry