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HomeMy WebLinkAboutSDU 97-20; Woods Residence; Second Dwelling Unit (SDU)December 5,1997 Ms. April Woods 1821 Ratcliff Rd Carlsbad CA 92008 SUBJECT: SDU 97-20 -WOODS SECOND DWELLING UNIT PERMIT Dear Ms. Woods: The Planning Department has completed a review of your application for an Administrative Permit to develop a 568 square foot second dwelling unit at 1821 Ratcliff Road. 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, therefore, APPROVES this request based on the following findings and conditions. Findinas: 1. 2. 3. 4. 5. 6. Pursuant to Attachment "A", "Affidavit of Compliance", the owner agrees to continually occupy either the primary dwelling unit or the second dwelling unit. "Owner" shall include a lessee if the leasehold include both the primary dwelling and second dwelling unit. The proposed second dwelling unit is attached to the primary dwelling unit and located on the same lot as the primary dwelling unit. The proposed second dwelling unit complies with all development standards applicable to the R-I, Single Family Residential Zone, Chapter 21.10 of the Zoning Ordinance). The proposed second dwelling unit has a maximum height of 12 feet and six (6) inches above grade. The proposed second dwelling unit provides one additional paved off-street parking space, located as a tandem space in the front yard setback. The proposed second dwelling unit is architecturally compatible with the primary dwelling unit and retains the appearance of a single family dwelling as seen from Ratcliff Road. " ~ "- . 2075 Las Palmas Dr. - Carlsbad, CA 92009-1 576 - (760) 438-11 61 - FAX (760) 438-0894 @ " - SDU 97-20 - WOODS tESIDENCE DECEMBER 5,1997 PAGE 2 7. a. 9. IO. 11. 12. 13. 14. 15. 16. The total floor area of the second dwelling unit does not exceed the 640 square foot maximum. Pursuant to Attachment “A”, “Affidavit of Compliance”, the applicant agrees to rent the second dwelling unit at a monthly rental rate which shall not exceed an amount equal to 30 percent of the gross monthly income of a low-income hQusehold, adjusted for household size, at 80 percent of the San Diego County median income. Pursuant to Attachment “A”, “Affidavit of Compliance”, the applicant declares that this second dwelling unit is not in conflict with the existing conditions, covenants and restrictions (CC&Rs), if any, applicable to the title of the subject property. Since the second dwelling unit complies with all of the applicable development standards of the R-I, Single Family Residential Zone, has been designed to appear as a single family residence when viewed from Ratcliff Road, and should generate very little 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 proposed second dwelling unit has a separate entrance from the main dwelling unit. The site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate the residential development at the proposed density. The Planning Director has, by inclusion of an appropriate condition to this project, ensured that building permits will not be issued for the project unless the City Engineer determines that sewer service is available, and building cannot occur within the project unless sewer service remains available, and the Planning 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 to, by the inclusion of an appropriate condition, pay a public facilities fee. Performance of that contract and payment of the fee will enable the Planning Director to find that public ._ h SDU 97-20 - WOODL . tESIDENCE DECEMBER 5,1997 PAGE 3 facilities will be available concurrent with need as required by the General Plan. 17. The proposed project is compatible with the surrounding future land uses’ since the surrounding properties are designated for residential development. 18. The applicant is, by condition, required to pay any increase in .public facility 8 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 this project. 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 I. Conditions of Approval: 1. 2. 3. The Planning Director does hereby APPROVE the Second Dwelling Unit Permit for the residential project entitled “Woods Residence“. (Exhibits “A” - “E”, dated December 5, 1997, on file in the Planning Department and incorporated by this reference), 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 Second Dwelling Unit Permit documents, as necessary to make them internally consistent and in conformity with the 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. 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 October 17, 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 SDU 97-20 - WOODS . JESIDENCE DECEMBER 5,1997 PAGE 4 4. 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. 5. 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. 6. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 7. 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. 8. 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 Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued an Second Dwelling Unit Permit 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 Restrictio'n. 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. General Conditions: 9. 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 SDU 97-20 - WOODS ,<ESIDENCE c DECEMBER 5,1997 PAGE 5 gained by Developer or a successor in interest by the City’s approval of this Second Dwelling Unit Permit. Code Reminders: I. 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. 2. 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 provided herein. 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 $1 10.00. The filing of such appeal within such time limit shall stay the effective date of the order of the Planning Director until such time as a final decision on the appeal is reached. If you have any questions regarding this matter, please feel free to contact Michael Grim at (760) 438-1 161 , extension 4499. &y$iLj&c CITY OF CARLSB D GARY/. WAYNE Assistant Planning Director GEWMG:mg Attachment C: Michael Holzmiller Bobbie Hoder Brian Hunter Clyde Wickham Data Entry -