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HomeMy WebLinkAboutSDU 95-02; Burt Second Dwelling Unit; Second Dwelling Unit (SDU), July 28, 1995 Kenneth & Sharon Burt 3605 Santa Clara Way Carlsbad, CA 92008 SUBJECT: ADMINISTRATIVE PERMIT NO. SDU 95-02 - BURT SECOND DWELLING UNIT - Request to develop a 639 square foot second dwelling unit at 3605 Santa Clara Way, in the R-A Zone and Local Facilities Management Zone 2. Dear Mr. & Mrs. Burt: The Planning Director has completed a review of your application for an Administrative Permit to develop a 639 square foot second dwelling unit at 3605 Santa Clara Way. 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. Rndines: 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-A zone. The second dwelling unit has a maximum height of 12.75 feet 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 639 square feet. The second dwelling unit is architecturally compatible with the primary dwelling unit and retains the appearance of a single family dwelling along Santa Clara Way. 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&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-A zone, has been designed to appear as a single family residence when viewed from Santa Clara Way, 2075 Las Palmas Drive - Carlsbad, California 92009-1576 - (619) 438-1 161 @ . SDU 95-02 BURT SECOND DWELLING UNIT JULY 3,1995 PAGE 2 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 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 project has been conditioned to ensure 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 will be 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 proposed project is compatible with the surrounding future land uses since surrounding properties are designated for residential development on 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 2. 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. Conditions of Approval: 1. The Planning Director does hereby approve the Administrative Permit for the "Burt Second Dwelling Unit", Project entitled "SDU 95-02". (Exhibit "A"-"B" on file in the Planning Department and incorporated by this reference, dated July 25,1995), subject to the conditions herein set forth. Staff is authorized and directed to make or require the Developer to make all corrections and modifications to the Administrative Permit Documents, as necessary to make them internally consistent and conform to Planning Director's final action on the Project. 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. c . SDU 95-02 BURT SECOND DWELLING UNIT JULY 28,1995 PAGE 3 If any of the foregoing conditions fail to occur, 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 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 Administrative Permit. The Developer shall comply with all applicable provisions of federal, state, and local ordinances in effect at the time of building permit issuance. 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. The Developer shall include, as part of the plans submitted for any permit plan check, a reduced, legible version of the approving resolutionhesolutions 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. 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. 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 May 14,1995, 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. 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. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 2 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 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. Prior to the issuance of the building permit, Developer 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 SDU 95-02 BURT SECOND DWELLING UNIT JULY 28,1995 PAGE 4 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 developer. 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 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 developer or successor in interest. 12. 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. Engineering Conditions: 13. Prior to hauling dirt or construction materials to or from the site, the developer shall submit to and receive approval from the City Engineer for the proposed haul route. The Developer 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 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. AssisGnt Planning Director GEWCDDd C: Michael J. Holzmiller Bobbie Hoder Bob Wojcik Mike Shirey File Data Entry Marjoriemorgan