Loading...
HomeMy WebLinkAboutSDU 94-02; Casler Second Dwelling Unit; Second Dwelling Unit (SDU)November 14, 1994 "- Mary &Jack Casler 3843 Highland Drive * Carlsbad, CA 92008 SUBJECT: ADMINISTRATIVE PERMIT NO. SDU 94-02 - CASLER SECOND DWELLING UNIT - Request to develop a 640 square foot second dwelling unit at 3843 Highland Drive, in the R-1 Zone and Local Facilities Management Zone 1. Dear Mr. & Mrs. Casler: The Planning Director has completed a review of your application for an Administrative Permit to develop a 640 square foot second dwelling unit at 3843 Highland Drive. After careful consideration of this request including written and verbal comments and objections from surrounding property owners, 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. Findhe: 1. 2. 3. 4. 5. 6. 7. 8. Pursuant to attachment "A", the owner agrees to continually occupy either the primary dwelling unit or second dwelling unit. "Owner" shall include a lessee if the leasehold includes both the primary dwelling and the second dwelling unit. The second dwelling unit is detached from the primary dwelling unit and located on the same lot as the primary dwelling unit. The second dwelling unit complies with all development standards applicable to the R-1 zone. The second dwelling unit is one-story and has a maximum height of 16 feet above grade. The second dwelling unit provides one additional paved off-street tandem parking space. The total floor area of the second dwelling unit does not exceed 640 square feet. The second dwelling unit is architecturally compatible with the primary dwelling unit and retains the appearance of a single family dwelling along Highland Drive. Pursuant to attachment "A", the applicant agrees to rent the second 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. 2075 Las Palmas Drive Carlsbad. California 92009-1576 - (619) 438-1 161 @ SDU 94-02 - CASIXR SECOND DWELLING UNIT NOVEMBER 14, 1994 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. Pursuant to attachment "A", the applicant declares that this second dwelling unit is not in conflZWith the existing conditions, covenants and restrictions (CC&R's) applicable to the title of the subject property. Since the second dwelling unit complies with all of the applicable development standards of the R-1 zone, has been designed to appear as a single family residence when viewed from Highland Drive, and should generate very little additional traffic, it will not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located. The second dwelling unit has a separate entrance. 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. The Planning Director has, by inclusion of an appropriate condition to this project, ensured building permits will not be issued for the project unless the City Engineer determines that sewer service is available, and building cannot occur within the project unless sewer service remains available, and the Planning Director is satisfied that the requirements of the Public Facilities Element of the General Plan have been met insofar as they apply to sewer service for this project. School fees will be paid to ensure the availability of school facilities in the Carlsbad Unified School District. All necessary public improvements have been provided or will be required as conditions of approval. The applicant has agreed and is required by the inclusion of an appropriate condition to pay a public facilities fee. Performance of that' contract and payment of the fee will enable this body to find that public facilities will be available concurrent with need as required by the General Plan. The proposed project is compatible with the surrounding future land uses since surrounding properties are designated for residential development on the General Plan. The applicant is by condition, required to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional requirements established by a Lcd Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. This project is consistent with the City's Growth Management Ordinance as it has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 1. e SDU 94-02 - CASLER SECOND DWELLING UNIT NOVEMBER 14, 1994 Conditions of Ammrovzl: "r 1. Approval is granted for SDU 9402, as shown on Exhibit(s) "A" - "C", dated October 27, 1994, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions. 2. This project is approved upon the express condition that building permits will not be issued for development of the subject property unless the District Engineer determines that sewer facilities are available at the time of application for such sewer permits and will continue to be available until time of occupancy. 3. This project is also approved under the express condition that the applicant pay the public facilities fee.adopted by the City Council on July 28, 1987 (amended July 2, 1991) and as amended from time to time, and any development fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad Municipal Code or other ordinance adopted to implement a growth management system or facilities and improvement plan and to fulfill the subdivider's agreement to pay the public facilities fee dated June 24, 1994, a copy of which is on file with the City Clerk and is incorporated by this reference. If the fees are not paid this application will not be consistent with the General Plan and approval for this project will be void. 4. The applicant shall provide school fees to mitigate conditions of overcrowding as part of building permit application. These fees shall be based on the fee schedule in effect at the time of building permit application. 5. Water shall be provided to this project pursuant to the Water Service agreement between the City of Carlsbad and the Carlsbad Municipal Water District, dated May 25, 1983. 6. This project shall comply with all conditions and mitigation required by the Zone 1 Local Facilities Management Plan approved by the City Council on September 1, 1987, incorporated herein and on file in the Planning Department and any future amendments to the Plan made prior to the issuance of building permits. 7. 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 project are challenged this approval shall be suspended as provided in Government Code Section 65913.5. 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. 8. Approval of this request shall not excuse compliance with all sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance. 9. This approval shall become null and void if building permits are not issued for this project within one year from the date of project approval. SDU 94-02 - CASLER SECOND DWELLING UNIT NOVEMBER 14, 1994 PAGE 4 10. 1.1 . 12. 13. Prior to the issuance of the building permit there shall be a Notice of Restriction placed on the Dcd-to this property 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) administrative permit for a second dwelling unit on the real property owned by the declarant. 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 restrictions referred to in said notice may be modified or terminated only with the approval of the Planning Director, Planning Commission or City Council of the City of Carlsbad whichever has final decision authority for this project. Building identification and/or addresses shall be placed on all new and existing buildings so as to be plainly visible from the street or access road; color of identification and/or addresses shall contrast to their background color. As part of the plans submitted for building permit plan check, the applicant shall include a reduced version of the approving resolution/resolutions on a 24" x 36" blueline drawing. Said blueline drawinds) shall also include a copy of any applicable Coastal Development Permit and signed approved site plan. Prior to approval of the Building Permit, the applicant shall receive approval of a Coastal Development Permit issued by the California Coastal Commission that substantially conforms to this approval. A signed copy of the Coastal Development Permit must be submitted to the Planning Director. Ennineerh Conditi-: 14. 15. 16. 17. 18. 19. Unless a standards variance has been issued, no variance from City Standards is authorized by virtue of approval of this Site Plan. The applicant shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies regarding services to the project. The applicant shall be responsible for coordination with S.D.G.& E., Pacific Bell Telephone, and Cable TV authorities. Prior to Building Permit Issuance the applicant shall pay all current fees and deposits required. Prior to approval of the Building Permit, the owner of the subject property shall execute an agreement holding the City harmless regarding drainage across the adjacent property. Prior to Building Permit issuance, the owner shall enter into a lien contract for the future public improvement of Highland Drive along the project frontage for a half street width of 20 ft. Public improvements shall include, but not be limited to, paving, SDU 94-02 - CASLER SECOND DWELLING UNIT NOVEMBER 14, 1994 base, sidewalks, curbs and gutter, grading, clearing and grubbing, undergrounding or relocatidvtilities, sewer, water, fire hydrants, street lights and retaining walls. 20. Prior to hauling dirt or construction materials to or from the site, the applicant shall submit to and receive approval from the City.Engineer for the proposed haul route. The applicant shall comply with all conditions and requirements the City Engineer may impose with regards to the hauling operation. This decision may be app,ealed by you or any 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 2075 Las Palmas Drive in Carlsbad, along with a payment of $1 10.00. 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 Chris DeCerbo at (61 9) 438-1 16 1, extension 4-445. Assistant Planning Director GEW.CDD:Vd c: Michael J. Holzmiller Bobbie Hoder Bob Wojcik Mike Shirey File Data Entry