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Home My WebLink AboutSDU 97-11; Rancho Verde CT 89-18; Second Dwelling Unit (SDU)September 3, 1997 Carey Dennison Centex Homes 5962 La Place Court #250 Carlsbad, CA. 92008 SUBJECT: ADMINISTRATIVE PERMIT NO. SDU 97-11 - RANCHO VERDE SECOND DWELLING UNIT - Request to develop an attached 432 square foot second dwelling unit at 7965 Via Orilla, in the R-I-25,000 zone and Local Facilities Management Zone 11. APN: 264-493-07 Dear Ms. Dennisen: The Planning Director has completed a review of your application for an Administrative Second Dwelling Unit Permit for an attached 432 square foot second dwelling unit at 7965 Via Orilla. 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, therefor, APPROVES this request based on the following findings and conditions. Findinas 1. The second dwelling unit is attached to the primary unit. Which complies with all of the applicable development standards of the R-1-25,000 zone. 2. The second dwelling unit is provided with an on-site parking space. 3. The total floor area of the second dwelling unit does not exceed 640 square feet. 4. Pursuant to Attachment "A" 0 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. 2075 Las Palmas Dr. - Carlsbad, CA 92009-1576 - (61 9) 438-1161 - FAX (61 9) 438-0894 @ . SDU 97-1 1 - RANCHO Vt'RDE SECOND DWELLING UNIT SEPTEMBER 3,1997 PAGE 2 5. 6. 7. 8. 9. 10. 11. 12. 13. e 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. e The owner agrees to continually occupy either the primary dwelling unit or the second dwelling unit. Since the second dwelling unit has been integrated into the primary unit which is consistent with all of the applicable development standards of the R-1-25,000 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. 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 top accommodate residential development at the density proposed. 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. The owner/applicant is required by the inclusion of an appropriate condition to pay a public facilities fee. Performance of that contract and the 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 future land uses since they are designated for residential development on the General Plan. The owner/applicant is by condition required to pay any increase in public facilities fees, 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 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 11. SDU 97-1 1 - RANCHO WRDE SECOND DWELLING UNIT SEPTEMBER 3, 1997 PAGE 3 Conditions of ADDrOVaI 1. The Planning Director does hereby APPROVE the SECOND DWELLING UNIT PERMIT for the project entitled “Rancho Verde Second Dwelling Unit“. (Exhibit(s) A-C, dated August 26, 1997, on file in the Planning Department and 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. The Developer shall comply with all applicable provisions of federal, state, and local ordinances in effect at the time of building permit issuance. 3. 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 August 11, 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. 4. 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. 5. 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. 6. Prior to the issuance of the Second Dwelling Unit Permit, 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(n) 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 Planning Director has the authority to execute and SDU 97-1 1 - RANCHO VERDE SECOND DWELLING UNIT SEPTEMBER 3,1997 PAGE 4 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. 7. 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. 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 2075 Las Palmas Drive in Carlsbad, along with a payment of $120.00. 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 Christer Westman at (760) 438-1 161 , extension 4448. Assidant Planning Director GEW:CW:kr C: Michael Holzmiller Bobbie Hoder Bob Wojcik Ken Quon File Data Entry