HomeMy WebLinkAboutSDU 01-01; Magnolia Second Dwelling Unit Lot 2; Second Dwelling Unit (SDU)- City of Carlsbad
April 9, 2001
Michael D. O'Gara
P.0 Box 1633
Carlsbad, Ca 9201 8
SUBJECT: ADMINISTRATIVE PERMIT NO. SDU 01-01 - MAGNOLIA SECOND
DWELLING LOT #2 - Request to develop an attached 436 square foot second
dwelling unit at 1080 Magnolia Avenue in the R-I zone and Local Facilities
Management Zone 1.
Dear Michael D. O'Gara,
The Planning Director has completed a review of your application for an Administrative Second
Dwelling Unit Permit for an attached 436 square foot second dwelling unit at 1080 Magnolia
Avenue. 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:
Findinns
1. That the attached 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-I 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 (one single family
residence or a second dwelling unit in a residential zone) 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.
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.
1635 Faraday Avenue Carlsbad, CA 92008-7314 (760) 6024600 FAX (760) 602-8559 www.ci.carlsbad.ca.us e9
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SDU 01-01 - MAGNLLIA SECOND DWELLING LOT #2
April 9, 2001
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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 unit has been designed to be architecturally compatible
with the primary unit, is consistent with all of the applicable development standards of the
R-1 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 the proposed project is compatible with the surrounding future land uses since they
are designated for residential development on the General Plan.
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.
The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 1 and all City public facility policies and ordinances.
The project includes elements or has been conditioned to construct or provide funding to
ensure that all facilities and improvements regarding: sewer collection and treatment;
water; drainage; circulation; fire; schools; parks and other recreational facilities, libraries;
government administrative facilities; and open space, related to the project will be
installed to serve new development prior to or concurrent with need.
A. The project has been conditioned to provide proof from the Carlsbad Unified
School District that the project has satisfied its obligation for school facilities.
B. Park-in-lieu fees are required by the Carlsbad Municipal Code Chapter
20.44, and will be collected prior to issuance of building permit.
C. The Public Facility fee is required to be paid by Council Policy No. 17 and will be
collected prior to issuance of building permit.
Conditions of Approval
11. 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
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SDU 01-01 - MAGNLLIA SECOND DWELLING LOT #2
April 9,2001
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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.
Staff is authorized and directed to make, or require the Developer to make, all
corrections and modifications to the SDU 01-01 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/Operator shall and does hereby agree to indemnify, protect, defend and
hold harmless the City of Carlsbad, its Council members, officers, employees, agents,
and representatives, from and against any and all liabilities, losses, damages, demands,
claims and costs, including court costs and attorney’s fees incurred by the City arising,
directly or indirectly, from (a) City’s approval and issuance of this Second Dwelling Unit
Permit, (b) City’s approval or issuance of any permit or action, whether discretionary or
non-discretionary, in connection with the use contemplated herein, and (c)
Developer/Operator’s installation and operation of the facility permitted hereby, including
without limitation, any and all liabilities arising from the emission by the facility of
electromagnetic fields or other energy waves or emissions.
The Developer shall comply with all applicable provisions of federal, state, and local laws
and regulations 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 this project unless the local agency providing
water and sewer services to the project provides written certification to the City that
adequate water service and sewer facilities, respectively, are available to the project at
the time of the application for the building permit, and that water and sewer capacity and
facilities will continue to be available until the time of occupancy.
Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from Carlsbad Unified School District that this project has satisfied its obligation
to provide school facilities.
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, ownerlapplicant 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
P - SDU 01-01 - MAGNLLIA SECOND DWELLING LOT #2
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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
record an amendment to the notice which modifies or terminates said notice upon a
showing of good cause by the ownedapplicant or successor in interest.
20. 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
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Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
#17, the License Tax on new construction imposed by Carlsbad Municipal Code Section
5.09.030, and CFD #I 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 I, 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.
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.
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 feedexactions. 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 feedexactions 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 submitted in writing to the
Planning Department at 1635 Faraday Avenue in Carlsbad, along with a payment of $400.00.
/c-
SDU 01-01 - MAGNCLIA SECOND DWELLING LOT #2
April 9, 2001
Page 5
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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.
C: Michael Holzmiller
David Rick
Chris DeCerbo
Bob Wojcik
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Data Entry
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