HomeMy WebLinkAboutSDU 01-39; Montemar at Sunny Creek Lot 48; Second Dwelling Unit (SDU)/c- - ”- oa-
City of Carlsbad
January 9,2002
Ryland Homes of California
5740 Fleet Street, Suite 200
Carlsbad CA 92008
SUBJECT: SDU 01-39 -TERRACES AT SUNNY CREEK LOT 48 SDU
The Planning Director has completed a review of your application for an Administrative Second
Dwelling Unit Permit for an attached 450 square foot second dwelling unit on Lot 48 of the
Terraces at Sunny Creek Planned Development (CT 96-02/PUD 96-02). 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 RD-M zone and the Terraces at Sunny Creek Planned
Development.
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.
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.
1635 Faraday Avenue Carlsbad, CA 92008-7314 (760) 602-4600 FAX (760) 602-8559 www.ci.car1sbad.ca.us @
SDU 01-39 - TERRACES. r SUNNY CREEK LOT 48 SDU
January 9,2002
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 RD-M zone and the
Terraces at Sunny Creek Planned Development 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. That the second dwelling unit is provided with an on-site parking space.
7. 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. 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.
10. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 15 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. 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:
1. Approval is granted for SDU 01-39 as shown on Exhibits “A” dated January 9, 2002,
and Exhibits “B” - “F” (See SDU 01-20), dated June 15, 2001, on file in the Planning
Department and incorporated herein by reference. Development shall occur
substantially as shown unless otherwise noted in these conditions.
2. 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 -39 - TERRACE5 AT SUNNY CREEK LOT 48 SDU
January 9,2002
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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.
3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the SDU 01-39 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.
4. 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.
5. The Developer shall comply with all applicable provisions of federal, state, and local
ordinances in effect at the time of building permit issuance.
6. This project shall comply with all conditions and mitigation measures, which are required
as part of the Zone 15 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
7. 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.
8. 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.
9. 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 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 01-39 - TERRACES t 1’ SUNNY CREEK LOT 48 SDU
January 9,2002
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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.
10. 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:
11.
12.
13.
14.
Prior to issuance of building permits, the Developer shall may 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.
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 improvements plans.
The Developer shall install sewer laterals and clean-outs at a location approved by the
Deputy City Engineer - Utilities. The location of sewer laterals shall be reflected on
public improvements plans.
The 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 area available at the
time of occupancy.
15. 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.
16. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
NOTICE
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
“feedexactions.”
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 fees/exactions of which you have previously been given
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SDU 01-39 -TERRACES ..r SUNNY CREEK LOT 48 SDU
January 9,2002
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 decision on the appeal is reached. If you have
any questions regarding this matter, please feel free to contact Van Lynch at (760) 602-461 3.
City of Carlsbad
GARY E. WAYNf?
Assistant Planning Director
GEW:VL:cs
Attachment A: Affidavit of Compliance for a Second Dwelling Unit
C: Chris DeCerbo
File Copy
Data Entry