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HomeMy WebLinkAboutSDU 98-01; Elder Second Dwelling Unit; Second Dwelling Unit (SDU)n . February 23, 1998 Michael and Jinny Ann Elder 2646 Levante Street Carlsbad, CA 92009 Dear Mr. & Mrs. Elder: SUBJECT: SDU 98-01 - ELDER SECOND DWELLING UNIT Request to construct a 527 square foot second dwelling unit attached to the single family residence located at 2646 Levante Street, in the R-I Zone and Local Facilities Management Zone 6. The Planning Director has completed a review of your application for an Administrative Permit to add 527 square foot second dwelling unit at 2646 Levante Street. 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. Findinns: 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 attached to 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-I Zone. 4. The second dwelling unit has a maximum height of 12 feet above grade. 5. The second dwelling unit provides a paved off-street parking space. 6. The total floor area of the second dwelling unit does not exceed 640 square feet. 7. The second dwelling unit is architecturally compatible with the primary dwelling unit and retains the appearance of a single family dwelling along Levante Street. 8. 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 tiousehold size, at 80% of the San Diego County median income. 9. 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. 2075 Las Palmas Dr. Carlsbad, CA 92009-1 576 - (760) 438-11 61 FAX (760) 438-0894 @ .h SDU 98-01 - ELDER StGOND DWELLING UNIT FEBRUARY 23, 1998 PAGE 2 r* *- IO. 11. 12. 13. 14. 15. 16. 17. 18. 19. Since the second dwelling unit complies with all of the applicable development standards of the R-I Zone, has been designed to appear as a single family residence when viewed from Levante Street, 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. 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 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 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 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 6. That the Planning Director has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15301 of ‘ the State CEQA Guidelines and will not have any adverse significant impact on the environment. That the project is in conformance with the Elements for the City’s General Pian, based on the following: a) Housing - consistent with Objective 3.7 of the Housing Element, second dwelling units provide a housing type alternative that is affordable to lower-income households. Condition of ApDroval: 1. Approval is granted for SDU 98-01, as shown on Exhibits “A” and “B”, dated February 17, 1998, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions. ,h SDU 98-01 - ELDER StuOND DWELLING UNIT FEBRUARY 23, 1998 PAGE 3 2. 3. 4. 5. 6. 7. 8. The Planning Director does hereby approve the Administrative Permit for the “Elder Granny Flat SDU”, Project entitled SDU 98-01 (Exhibit “A” and “B” on file in the Planning Department and incorporated by this reference, dated February 17, 1998) 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 P,ermit 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 project. 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 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 December 13, 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. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 6 Local Facilities Management Plan and any amendments made to that Plan. 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 office 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. Within three (3) weeks of approval of this Administrative Permit, the 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 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 - SDU 98-01 - ELDER StwOND DWELLING UNIT FEBRUARY 23, 1998 PAGE 4 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. 9. 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. This decision may be appealed by you or any member of the public to the Planning Commission within ten (IO) 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. 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 Van Lynch at (760) 438-1 161, extension 4325. CITY WARLSBAD ARY . WAYNE Assishnt Planning Director GEW:VL:rnh C: Michael J. Holzmiller Bobbie Hoder Bob Wojcik Steve Jantz File Data .Entry Planning Aide