HomeMy WebLinkAboutSDU 02-22; Schmidt/Park Second Dwelling Unit; Admin Decision LetterJanuary 16,2003
Ila Schmidt
1650 Chestnut Avenue
Carlsbad, CA 92008
SUBJECT: ADMINISTRATIVE PERMIT NO. SDU 02-22 - SCHMlDTlPARK UNIT- Request
to develop a detached 624 square foot second dwelling unit on APN 205-130-25, 1650
Chestnut, City of Carlsbad, CA in the R-1 Zone and Local Facilities Management Zone 1.
Dear Ms. Schmidt:
The Planning Director has completed a review of your application for an Administrative Second
Dwelling Unit Permit for a detached 624 square foot second dwelling unit on a portion of Tract
244 of Thum Lands. 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:
Findinqs:
1. That the detached second dwelling unit has a separate entrance, does not exceed 640
square feet, is architecturally compatible with the existing primary unit 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) 602-4600 FAX (760) 602-8559 www.ci.carlsbad.ca.us
SDU 02-22
January 16,2003
5.
6.
7.
8.
9.
IO.
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 made compatible with 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.
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 I 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 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 02-22
January 16,2003
Conditions of Approval:
1.
2.
3.
4.
5.
6.
7.
8.
Approval is granted for SDU 02-22 as shown on Exhibit “A” dated January 16, 2003 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 02-22 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 the Carlsbad 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.
SDU 02-22
January 16,2003
Paae 4
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.
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.
IO.
Enqineering:
11. 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.
12. 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.
13. 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.
14. 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.
Code Reminders
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
Code Section 18.04.320.
SDU 02-22
January 16,2003
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 fees/exactions.
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 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
$440.00. 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) 602-4613.
Ci of Carlsbad Lx
Don Neu
Assistant Planning Director
DN:VL:sn
Attachment A: Affidavit of Compliance for a Second Dwelling Unit
C: Michael Holzmiller
Chris DeCerbo
File Copy
Data Entry
CI’P-tF CARLSBAD - AFFIDAVIT OF CO-2IANCE
FOR A SECOND DWELLING UNl A
Instructions to Rouertv Owner Mffiant):
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 III indicating that you
understand and agree with the conQtions of compliance.
SECTION I - INFORMATION
Property owner(s):
Property Address:
Assessor Parcel No.
Subdivision:
Project Number:
Name(s)
City State
/
Zip Code
Name Lot/Block Parcel No.
SECTION II - 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 owner-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 hehhe owns the above refmnced
property, as of the date of this affidavit, and to hidher 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
r- h
a. The prope- , and residence referenced above must Jt contain a second residential
dwelling unit unless it is in compliance with the second dwelling unit admmistratwe
permit provisions of the Zoning Ordmance 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 Roperty Owner(s) to
prospective purchasers of the property prior to entering into a sales contract for said
PrOPW.
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.
Date
BY:
Property Owner Date
Home Office
FRM0006 5/96 PAGE 5 OF 5
RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO: 1 1 City Clerk )
CITY OF CARLSBAD )
1200 Carlsbad Village Drive ) Carlsbad, California 92008-1 989 )
Space above this line for Recorder's use
Assessork Parcel Number 205-1 30-25-00
Project Number and Name SDU 02-22 - SCHMIDTIPARK
LJNlT
NOTICE OF RESTRICTION ON REAL PROPERTY
The real property located in the City of Carlsbad, County of San Diego, State of
California described as follows:
A portion of Tract 244, Thum Lands, in the City of Carlsbad, County
of San Diego, State of California, according to Map thereof
No.1681 , filed in the Office of the Recorder of said County of san
Diego, December9,1915.
is restricted by a Second Dwelling Unit No(s). 02-22 issued, by the City of Carlsbad on
January 16, 2003. A copy is on file at the City of Carlsbad Planning Department. The
obligations and restrictions imposed are binding on all present or future interest holders
or estate holders of the property.
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Rev. 06/04/96
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OWNER:
Owner’s Name
Signatu re
Print name and title
Signa tu re
Print name and title
Date
CITY OF CARLSBAD
MICHAEL J. HOLZMILLER,
Planning Director
ATTEST:
LORRAINE M. WOOD, City Clerk
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
By:
Deputy City Attorney
(Proper notarial acknowledgment of execution by Contractor must be attached.)
(Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant
treasurer must sign for corporations. Otherwise, the corporation must attach a resolution
certified by the secretary or assistant secretary under corporate seal empowering the otZcer(s)
signing to bind the corporation.)
(If signed by an individual partner, the partnership must attach a statement of
partnership authorizing the partner to execute this instrument).
Rev. 06/04/96
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On before me,
Notary Public, personally appeared
, 0 personally known to me - or
0 proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) idare subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by
hislherltheir signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
(Signa t u re of Notary )
Rev. 06/04/96