HomeMy WebLinkAboutSDU 02-07; Palenscar Second Dwelling Unit; Second Dwelling Unit (SDU)- City of Carlsbad
April 29, 2002
Karen Palenscar
181 1 Valencia Ave.
Carlsbad, CA 92008
SUBJECT: ADMINISTRATIVE PERMIT NO. SDU 02-07- PALENSCAR SECOND
DWELLING UNIT - Request to develop a detached 344 square foot second dwelling unit at
181 1 Valencia Avenue, APN 207-250-64, in the P-C Zone and Local Facilities
Management Zone 1.
The Planning Director has completed a review of your application for an Administrative
Second Dwelling Unit Permit for a detached 344 square foot second dwelling unit located
at 181 1 Valencia Avenue, APN 207-250-64. 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 proposed primary unit,
retains the appearance of a single-family dwelling, and complies with all of the
applicable development standards of the P-C 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) 602-4600 FAX (760) 602-8559 www.ci.carlsbad.ca.us @
SDU 02-07 - PALENSCA.. SECOND DWELLING UNIT
April 29, 2002
5.
6.
7.
8.
9.
10.
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 P-C 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. The Public Facility fee is required to be paid by Council Policy No. 17 and
will be collected prior to issuance of building permit.
SDU 02-07 - PALENSCk. SECOND DWELLING UNIT
April 29, 2002
Conditions of Approval:
1.
2.
3.
4.
5.
6.
7.
Approval is granted for SDU 02-07 as shown on Exhibit A dated April 23, 2002 on
file in the Planning Department and incorporated herein by reference. Development
shall occur substantially as shown unless otherwise noted in these conditions.
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 02-07 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.
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.
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SDU 02-07 - PALENSCA.. SECOND DWELLING UNIT
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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 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.
Enaineering:
1 1. The applicant is subject to paying all impact fees prior to issuance of a building
permit for said second dwelling unit. Impact fees may include, but are not limited
to, water service connection fee, a local facility management zone fee and a sewer
connection fee.
Code Reminders
12. 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.
13. 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
,- -4
SDU 02-07 - PALENSCA.. SECOND DWELLING UNIT
April 29, 2002
Paqe 5
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 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.
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 Saima Qureshy
at (760) 602-4619.
Cityrnarlsbad &* ARY . WAYNE Assidant Plannin@irector
GEW:SO:cs
C: Michael Holzmiller
Don Neu
David Rick
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Data Entry