HomeMy WebLinkAboutSDU 01-08; Magnolia Subdivision Lot 1; Second Dwelling Unit (SDU)- City of Carlsbad
May 29,2001
Mr. Michael O’Gara
P.O. Box I633
Carlsbad, CA 92018
SUBJECT: ADMINISTRATIVE PERMIT NO. SDU 01-08 - MAGNOLIA
SUBDIVISION, LOT 1 - Request to develop an attached 438 square foot
second dwelling unit on Lot 1, APN 205-191-19-00, in the R-I zone and
Local Facilities Management Zone 1.
Dear Mr. O’Gara:
The Planning Director has completed a review of your application for an Administrative
Second Dwelling Unit Permit for an attached 438 square foot second dwelling unit on
Lot 1 of CT 97-23, Magnolia Subdivision. 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-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:
1635 Faraday Avenue Carlsbad, CA 92008-7314 (760) 602-4600 FAX (760) 602-8559 www.ci.carlsbad.ca.us
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SDU 01 -08 - MAGI -3LIA SUBDIVISION, LOT 1, SECOND DWELLING UNIT
May 29,2001
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5.
6.
7.
8.
9.
IO.
11.
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.
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-I
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.
That the project conforms to the conditions of approval and exhibits contained in
CT 97-23.
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.
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SDU 01 -08 - MAGI VJLIA SUBDIVISION, LOT 1, SECOND DWELLING UNIT
May 29,2001
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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
12.
13.
14.
15.
16.
17.
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,
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 01-08 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 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 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 this project unless the local agency
providing water and sewer services to the project provides written certification to
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SDU 01-08 - MAGI~JLIA SUBDIVISION, LOT 1, SECOND DWELLING UNIT
May 29,2001
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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.
18.
19.
20.
21.
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, 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
ownedapplicant. 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 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.
Engineering Conditions
22. Prior to issuance of any building permit, Developer shall comply with the
requirements of the City’s anti-graffiti program for wall treatments if and when
such a program is formally established by the City.
23. Prior to issuance of building permits, Developer shall pay all fees, deposits, and
charges for connection to public facilities. Developer shall pay the San Diego
County Water Authority capacity charge(s) prior to issuance of Building Permits.
24. The Developer shall install potable water services and meters at a location
approved by the Deputy City Engineer - Utilities. The locations of said services
shall be reflected on public improvement plans.
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SDU 01-08 - MAGIIJLIA SUBDIVISION, LOT 1 , SECOND DWELLING UNIT
May 29,2001
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25. The Developer shall install sewer laterals and clean-outs at a location approved
by the Deputy City Engineer - Utilities. The locations of sewer laterals shall be
reflected on public improvement plans.
Code Reminders
26. 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 1,
pursuant to Chapter 21.90. All such taxedfees 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.
27. 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.
28. Premise identification (addresses) shall be provided consistent with Carlsbad
Municipal Code Section 18.04.320.
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
feedexactions 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. 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
SDU 01-08 - MAGtwJLIA SUBDIVISION, LOT 1, SECOND DWELLING UNIT
May 29,2001
Page 6
decision on the appeal is reached. If you have any questions regarding this matter,
please feel free to contact Paul Godwin at (760) 602-4625.
City of Carlsbad
;b- GARY E. W YN
Assistant Planning Director
GEW:PG:cs
Attachment A: Affidavit of Compliance for a Second Dwelling Unit
C: Michael Holzmiller
Chris DeCerbo
David Rick
File
Data Entry
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I11 a OF CARLSBAD - AFFIDAVIT OW CO,.-PLIANCE
FOR A SECOND DWELLING UNIT
Instructions to ProDertv Owner (Affiantk
Please type or print complete and accurate answers in all blank spaces in Section I. Please read
carefully, particularly Section II. Please read, sign and date Section I11 indicating that you
understand and agree with the conditions of compliance.
SECTION I - INFORMATION
Property owner( s) :
Property Address:
Assessor Parcel No.
Subdivision:
Project Number:
City State Zip Code
Named Lot/Biock Parcel No.
7' 97 - A?
SECTION I1 - CONDITIONS FOR COMPLIANCE
PLEASE READ CAREFULLY
1. A second dwelling unit is an attached or detached dwelling unit which is located on the same lot
as an existing owrier-occupied single family detached dwelling unit and is:
a. Suitable for use as a complete living facility with provisions within the facility for
cooking, eating, sanitation and sleeping;
b. Occupied by one or more persons; and
C. Subordinate to the main dwelling unit.
2. The Property Owner(s) listed above hereby certifies that he/she owns the above referenced
property, as of the date of this affidavit, and to hisher belief and knowledge, there are no conditions, covenants or restrictions on the property prohibiting a second dwelling unit
apartment.
3. The Property Owner(s) agrees to the following terms and conditions:
FRM0006 5/96 PAGE 4 OF 5
a. The property and residence referenced above must not contain a second residential
dwelling unit unless it is in compliance with the second dwelling unit administrative
permit provisions of the Zoning Ordinance of the City of Carlsbad.
b. The Property Owner(s) shall reside in either the main dwelling unit or second dwelling
unit described above, now, and for the life of this agreement. "Owner" shall include a
lessee if the leasehold includes both the main dwelling unit and the second dwelling unit.
C. The Second Dwelling Unit may only be rented and shall not be sold separately from the
main dwelling unit, unless the lot on which such units are located is subdivided.
d. The Property Owner(s) agree 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.
e. A copy of this agreement and Affidavit must be given by the Property Owner(s) to
prospective purchasers of the property prior to entering into a sales contract for said
property.
SECTION III - AFFIRMATION AND AGREEMENT
I HEREBY DECLARE AND AFFIRM, under penalty of perjury, that all matters and facts set forth in
this agreement are true and correct to the best of my knowledge, information and belief, and that I (we)
understand, accept and will abide by the regulations, requirements, and standards governing the Second
Dwelling Unit.
BY:
Date
BY:
Property Owner Date
Owner's Telephone Number(s): ?%9 929- 7J-/o 3 WY- 7cf3J
Home Office
FRM0006 5/96 PAGE 5 OF 5