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HomeMy WebLinkAboutSDU 01-11; Magnolia Gardens Lot 2; Second Dwelling Unit (SDU)- City of Carlsbad April 18,2001 Dennis Ferdig 2505 Congress Street #220 San Diego, CA 921 10 SUBJECT: ADMINISTRATIVE PERMIT NO. SDU 01-11 - MAGNOLIA GARDENS, LOT 2 - Request to develop an attached 600 square foot second dwelling unit on Lot 2, APN 205-220-45-00, in the R-I zone and Local Facilities Management Zone 1. Dear Dennis: The Planning Director has completed a review of your application for an Administrative Second Dwelling Unit Permit for an attached 600 square foot second dwelling unit on Lot 2 of CT 98-12, Magnolia Gardens. 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 proposed primary unit, retains the appearance of a single-family dwelling, and complies with all of the applicable development standards of the R-1 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 @ r' - SDU 01-1 1 - MAGNL-IA GARDENS, LOT 2, SECOND LvdELLING UNIT APRIL 18,2001 Page 2 5. 6. 7. 8. 9. 10. 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-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. That the project conforms to the conditions of approval and exhibits contained in CT 98-1 2. 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. P r? SDU 01-1 1 - MAGNLLIA GARDENS, LOT 2, SECOND GvdELLlNG UNIT APRIL 18, 2001 Paqe 3 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 ADproval 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 01-1 1 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 I 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 fl h SDU 01-1 1 - MAGNbLIA GARDENS, LOT 2, SECOND LJvJELLING UNIT APRIL 18, 2001 Page 4 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. 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. 19. 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. 20. 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 ownerlapplicant. 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. 21. 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. Enqineerinq Conditions 22. 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. 23. 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. 24. 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. P - SDU 01-1 1 - MAGh-JA GARDENS, LOT 2, SECOND LdELLING UNIT APRIL 18,2001 Page 5 25. This project is approved upon the express condition that building permits will not be issued for the development of the subject property, unless the Deputy City Engineer - Utilities has determined that adequate water and sewer facilities are available at the time of occupancy. 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 taxes/fees shall be paid at issuance of building permit. If the taxedfees 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. 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 feeslexactions 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 01-1 1 - MAGhLLIA GARDENS, LOT 2, SECOND GvVELLING UNIT APRIL 18,2001 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 Cadsbad /' /. * [GARY,&. WAYNE / Assistant Planning Director GEW:PG:cs Attachment A: Affidavit of Compliance for a Second Dwelling Unit C: Michael Holzmiller Chris DeCerbo Bob Wojcik File Data Entry