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HomeMy WebLinkAboutSDU 95-01; Dunning Second Dwelling Unit; Second Dwelling Unit (SDU)March 16, 1995 Mr. Kirk Dunning 7031 Manzanita Street Carlsbad, CA 92009 swm ADMINISTRATIVE PERMIT NO.^ sal - D~NG SECOND DWELLING UNIT - , ..i Request to develop a 640 square foot second dwelling unit at 7031 Manzanita Street in the R-1 Zone and Local Facilities Management Zone 6. Dear Mr. Dunning: The Planning Director has completed a review of your application for an Administrative Permit to develop a 640 square foot second dwelling unit at 7031 Manzanita Street. 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. Findings: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 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 has a maximum height of 13' 9" above grade. The second dwelling unit provides one additional paved off-street 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 Manzanita Street. 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. Pursuant to attachment "A", the 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 P'operty. 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 Manzanita Street, 2075 Las Palmas Drive - Carlsbad, California 92009-1 576 - (61 9) 438-1 161 @ h 11. 12. 13. 14. 15. 16. 17. 18. 19. SDU 95-01 DUNNING SECOND DWELLING UNIT MARCH 16,1995 PAGE 2 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. . That the Planning Director has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15303(A) of the state CEQA Guidelines and will not have any adverse significant impact on the environment. The Project is consistent with the City-Wide Facilities and Improvements Plan, the applicable local facilities management plan, and all City public facility policies and ordinances. The Project has been conditioned to ensure that building permits will not be issued for the project unless the District Engineer determines that sewer service is available, and building cannot occur within the Project unless sewer service remains available, and the District Engineer 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. Statutory 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 are required as conditions of approval. The developer 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 Project has been conditioned 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 Local 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 has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 6. CONDITIONS OF APPROVAL 1. The Planning Director does hereby approve the Administrative Permit for the Second Dwelling Unit Project entitled " SDU 95-01", dated Februarv 21, 1995, (Exhibits "A" - "B" incorporated by this reference), subject to the conditions herein set forth. Development shall occur substantially as shown on the approved exhibits. Any proposed development substantially different from this approval, shall require an amendment to this approval. 2. If any of the foregoing conditions fail to oocur, or if they are, by their terms, to be implemented and maintained over time, if any of 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 SDU 95-01 DUNNING SECOND DWELLING UNIT MARCH 16,1995 PAGE 3 prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Resolution. 3. The Developer shall comply with all applicable provisions of federal, state, and local ordinances in effect at the time of building permit issuance. 4. The Developer shall provide the City with a reproducible 24" x 36", mylar copy of the Site Plan as approved by the Planning Director. The Site Plan shall reflect the conditions of approval by the City. The Plan copy shall be submitted to the City Engineer and approved prior to building, grading, final map, or improvement plan submittal, whichever occurs first. 5. The Developer shall include, as part of the plans submitted for any permit plan check, a reduced, legible version of the approving resolution/resolutions on a 24" x 36" blueline drawing. Said blueline drawing(s) shall also include a copy of any applicable Coastal Development Permit and signed approved site plan. 6. 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. 7. The Developer shall 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 Januarv 9,1995 , 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. 8. The Developer shall provide proof of payment of statutory school fees to mitigate conditions of overcrowding as part of the building permit application. The amount of these fees shall be determined by the fee schedule in effect at the time of building permit application. 9. This Project shall comply with all conditions and mitigation measures which are required as part of the Zone 6 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. General Conditions 10. 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. ../ 11. Prior to the issuance of a building Dermit the Developer shall submit to the City a Notice of tb'> $, '' I:; Planning Director notifLing all interested parties and successors in interest that the City of Carlsbad > '? has issued a(n) administrative mrmit for a second dwellinn unit on the real property owned by the declarant. Said Notice of Restriction shall note the property description, location of the file is Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the SDU 95-01 DUNNING SECOND DWELLING UNIT MARCH 16,1995 PAGE 4 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 City’s final decisionmaker for the project has the authority to allow the developer to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause. 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. Prior to the issuance of a building permit, the Developer 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. If the approval is substantially different, an amendment to Second Dwelling Unit Administrative Permit shall be required. CODE REMINDERS 14. 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. 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 provide herein. Endneering Conditions: 16. 17. 18. 19. 20. 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 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 appealed 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 $110.00. 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 SDU 95-01 DUNNING SECOND DWELLING UNIT MARCH 16, 1995 PAGE 5 the appeal is reached. If you have any questions regarding this matter, please feel free to contact Chris DeCerbo at (619) 438-1161, extension 4445. hsistapf Planning Director GEWCDDNd C: Michael J. Holzmiller Bobbie Hoder Bob Wojcik Mike Shirey Marjoriemich