HomeMy WebLinkAboutSDU 97-14; Rancho Verde CT 89-18; Second Dwelling Unit (SDU)October 31, 1997
. Carey Dennison
Centex Homes
5962 La Place Court #250
Carlsbad, CA. 92008
SUBJECT: ADMINISTRATIVE PERMIT NO. SDU 97-14 - RANCHO VERDE
SECOND DWELLING UNIT - Request to develop an attached 519 square
foot second dwelling unit at 3590 Avenida Pantera, in the R-1-25,000
zone and Local Facilities Management Zone 11.
APN: 264-490-08-00
Dear Ms. Dennisen:
The Planning Director has completed a review of your application for an Administrative
Second Dwelling Unit Permit for an attached 519 square foot second dwelling unit at
3590 Avenida Pantera. 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.
Findinns
1. The second dwelling unit is attached to the primary unit. Which complies with all
of the applicable development standards of the R-I -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
a 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 92009-1 576 - (619) 438-11 61 - FAX (61 9) 438-0894 @
SDU 97-14 - RANCHO VERDE SECOND DWELLING UNIT
October 31 , 1997
Paqe 2
5.
6.
7.
8.
9.
IO.
11.
12.
13.
0 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.
a 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 97-14 - RANCHO VERDE SECOND DWELLING UNIT
October 31, 1997
Conditions of Approval
1.
2.
3.
4.
5.
6.
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 October 31, 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.
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 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.
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.
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 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 97-14 - RANCHO VERDE SECOND DWELLING UNIT
October 31, 1997
Page 4
record an amendment to the notice which modifies or terminates said notice
upon a showing of good cause by the ownerlapplicant 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.
Assistdnt Planning Director
GEW:CW:kr
C: Michael Holzmiller
Bobbie Hoder
Bob Wojcik
Ken Quon
File
Data Entry