Loading...
HomeMy WebLinkAboutSDU 00-18; Seaview Lot 8; Second Dwelling Unit (SDU)~&~-~~0(1 City of Carlsbad June 5,200O Mr. J. A. Gallagher MSK Development Group 1542 Avenida Encinas Carlsbad, CA. 92009 SUBJECT: ADMINISTRATIVE PERMIT NO. SDU 0048 - SEAVIEW LOT 8 SECOND DWELLING UNIT - Request to develop a detached 580 square foot second dwelling unit at 3578 Seaview Way, in the R-l-l 0,000 zone and Local Facilities Management Zone 1. APN: 167-070-42 Dear Mr. Gallagher: The Planning Director has completed a review of your application for an Administrative Second Dwelling Unit Permit for a detached 580 square foot second dwelling unit at 3582 Seaview 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 a second dwelling unit can be made and, therefore, APPROVES this request based on the following findings and conditions: Findinas 1. That the detached second dwelling unit has a separate entrance, does not exceed 640 square feet, is architecturally compatible with the primary unit, retains the appearance of a single-family dwelling, and complies with all of the applicable development standards of the R-1-10,000 zone. 2. That the Planning Director has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15303 of the state CEQA Guidelines and will not have any adverse significant impact on the environment. 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. 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 1635 Faraday Avenue l , Carlsbad, CA 92008-7314 l (760) 602-4600 l FAX (760) 602-8559 SDU 00-18 - Seaview Lot 8 SDU June 5,200O Paqe 2 5. 6. 7. 8. 9. 10. 11. 12. 13. 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. That since the second dwelling is consistent with all of the applicable development standards of the R-1-10,000 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. 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. That school fees will be paid to ensure the availability of school facilities in the Carlsbad Unified School District. That all necessary public improvements have been provided. That the owner/applicant is required by the inclusion of an appropriate condition to pay a public facilities fee. Performance of that contract and the payment of the fee will enable the Planning Director to find that public facilities will be available concurrent with need as required by the General Plan. That the proposed project is compatible with the surrounding future land uses since they are designated for residential development on the General Plan. That the owner/applicant is by condition required to pay any increase in public facilities fees, or new construction tax, or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created 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. SDU 00-18 - Seaview Lot 8 SDU June 52000 Paqe 3 Conditions of Approval 1. 2. 3. 4. 5. 6. 7. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the SDU 00-18 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 Planning Director does hereby APPROVE the SECOND DWELLING UNIT PERMIT for the project entitled “SEAVIEW LOT 8”. (Exhibit(s) A-C, dated June 5, 2000, 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 Exhibits. Any proposed development substantially 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. The Developer shall pay the public facilities fee adopted by the City Council on July 28, 1987, (amended July 2, 1991) and as amended from time to time, and any development fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad Municipal Code or other ordinance adopted to implement a growth management system or Facilities and Improvement Plan. If the fees are not paid, this application will not be consistent with the General Plan and approval for this project will be void. 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 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 SDU 00-18 - Seaview Lot 8 SDU June 5,200O Paqe 4 8. 9. 10. 11. 12. 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 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. 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. If any of the foregoing 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, 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. 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. 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. Building identification and/or addresses 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. Engineering: 1. The developer shall pay all current fees and deposits required. 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 SDU 00-18 - Seaview & 8 SDU June 5,200O Paae 5 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. Attachment A: Affidavit of Compliance for a Second Dwelling Unit Exhibits A-C: Site Plan/Floor Plans/Elevations GEW:BK:cs c: Michael Holzmiller Adrienne Landers File Data Entry