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HomeMy WebLinkAboutSDU 97-01; Kellett Second Dwelling Unit; Second Dwelling Unit (SDU)1 January 7,1998 Patrick M. Kellett 1328 Pine Avenue Carlsbad CA 92008 SUBJECT: ADMINISTRATIVE PERMIT NO. SDU 97-01 - KELLETT SECOND DWELLING UNIT - Request to develop a detached 492 square foot second dwelling unit at 1328 Pine Avenue, in the R-1 Zone and Local Facilities Management Zone 1. Dear Mr. Kellett: The Planning Director has completed a review of your application for an Administrative Permit to develop a detached 492 square foot second dwelling unit at 1328 Pine Avenue. After carefid 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. Findinm: 1. 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. 2. The second dwelling unit is detached from the primary dwelling unit and located on the same lot as the primary dwelling unit. 3. The second dwelling unit complies with all development standards applicable to the R-1 Zone. Side yard setbacks are approved per Section 21.10 of the Carlsbad Municipal Code. 4. The second dwelling unit has a maximum height of 22’4” above finished grade. 5. The second dwelling unit provides two additional paved off-street parking spaces in the front yard setback. 6. The second dwelling unit is architecturally compatible with the primary dwelling unit and retains the appearance of a single family dwelling unit along Pine Avenue. - 7. The total floor area of the second dwelling unit does not exceed 640 square feet. 8. Pursuant to Attachment “A”, the 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 2075 Las Palmas Dr. Carlsbad, CA 92009-1 576 0 (760) 438-11 61 0 FAX (760) 438-0894 @ c SDU 97-01 - KELLE’IT SbWOND DWELLING UNIT January 7,1998 Page 2 rc.. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 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 any existing conditions, covenants and restrictions (CC&Rs) 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 fiom Pine Avenue, and should generate very little additional 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. 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 remains available, and the Planing 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 the 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 the Planning Director 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 fbture 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 Local Facilities Management Plan prepared pursuant to Chapter 2 1.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. SDU 97-01 - KELLETT SL-OND DWELLING UNIT I January 7,1998 Page 3 19. 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. Conditions of Amroval: Planning: 1. Approval is granted for SDU 97-01, as shown on Exhibits “A” - “D”, dated January 7, 1998, 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 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 adopted by the City Council on July 28, 1987 (amended July 2,l 991) and as amended from time to time, and any development fees established by the City Council pursuant to Chapter 2 1.90 of the Carlsbad Municipal Code or other ordinance adopted to implement a growth management system or facilities and improvement plan and to fulfills the subdivider’s agreement to pay the public facilities fee dated May 27, 1997, 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. 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. 6. If ariy 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 conditions complies with all requirements of the law. - 7. 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. c 3 SDU 97-0 1 - KELLETT SdOND DWELLING UNIT January 7,1998 Page 4 8. 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. 9. Prior to the issuance of the building permit there shall be a Notice of Restriction placed on the deed 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 an 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. 10. Building identification andor addresses shall be placed on all new and existing buildings so as to be plainly visible from the street; color or identification andor addresses shall contrast to their background color. 1 1. As part of the plans submitted for building permit plan check, the applicant shall include a reduced version of the approving resolutiodresolutions on a 24"x36" blueline drawing. 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 $1 10.00. The filing of such appeal within such time limit shall stay 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 Elaine Blackburn at (760) 438-1 161, extension 4471. Sincerely, GARY E. WAYNE Assistant Planning Director City of Carlsbad GEW:EB:nm C: Michael Holzmiller Bobbie Hoder Bob Wojcik Ken Quon File Copy Data Entry