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HomeMy WebLinkAboutSDU 98-02; Gunter Residence; Second Dwelling Unit (SDU)May 4, 1998 Tim and Ann Gunter 4160 Sunnyhill Drive Carlsbad CA 92008 Dear Mr. & Mrs. Gunter: SUBJECT: SDU 98-02 - GUNTER SECOND DWELLING UNIT REQUEST TO REMODEL AN EXISTING SINGLE FAMILY RESIDENCE INTO A 619 SQUARE FOOT SECOND DWELLING UNIT AT 4160 SUNNYHILL DRIVE, IN THE R-1 ZONE AND LOCAL FACILITIES MANAGEMENT ZONE 1. The Planning Director has completed a review of your application for an Administrative Permit to remodel an existing single family residence into a 619 square foot second dwelling unit at 4160 Sunnyhill Drive. 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. Findings: 1. 2. 3. 4. ,‘5. ; 6. ,,’ . .. D ’-8. 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. The second dwelling unit is detached from the primary dwelling unit and located on the same lot as the primary dwelling unit. The second dwelling unit complies with all development standards applicable to the R-I Zone. The second dwelling unit has a maximum height of 15.5 feet above grade. The second dwelling unit includes an off-street garage parking space. The total floor area of the second dwelling unit does not exceed 640 square feet. The second dwelling unit is architecturally compatible with the primary dwelling unit and retains the appearance of a single family dwelling along Sunnyhill Drive. 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 household size, at 80% of the San Diego County median income. 2075 Las Palmas Dr. * Carlsbad, CA 92009-1576 - (760) 438-1161 - FAX (760) 438-0894 @ SDU 98-02 - GUNTER SLGOND DWELLING UNIT MAY 4, 1998 PAGE 2 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. 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 Sunnyhill Drive, 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 1. The project has been conditioned to ensure the building permits will not be issued for the project unless the District Engineer determines that sewer service is available, and building cannot occur within the project unless sewer service remains available, and the District Engineer 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 this project. Statutory School fees will be paid to ensure the availability of school facilities in the Carlsbad Unified School District. That the Planning Director has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15303 of the State CEQA Guidelines and will not have any adverse significant impact on the environment. SDU 98-02 - GUNTER SLGOND DWELLING UNIT .MAY 4, 1998 PAGE 3 -4 21. That the project is in conformance with the Elements for the City’s General Plan, 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. Conditions of Approval: 1. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the SDU 98-02 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 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. Approval is granted for SDU 98-02, as shown on Exhibits “A” - “J”, dated May 1, 1998, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions. 4. The Planning Director does hereby approve the Administrative Permit for the “Gunter Second Dwelling Unit”, Project entitled SDU 98-02 (Exhibits “A” - “J” on file in the Planning Department and incorporated by this reference, dated May 1, 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 Permit 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. 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. 5. If any of the foregoing conditions fail to occur, or if they are, by their terms to be 6. Building permjts 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. . SDU 98-02 - GUNTER StGOND DWELLING UNIT MAY 4, 1998 PAGE 4 7. 8. 9. IO. 11. 12. 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 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 a(n) 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 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. 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 Second Dwelling Unit Administrative Permit. 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 May 3, 1998, 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 1 Local Facilities Management Plan and any amendments made to that Plan. c SDU 98-02 - GUNTER SLCOND DWELLING UNIT MAY 4, 1998 PAGE 5 h 13. 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. 14. 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. 15. Approval of SDU 98-02 is granted subject to the approval of CDP 98-17. SDU 98-02 is subject to all conditions contained in the Planning Commission Resolution for the CDP 98-17. Ennineerng 16. The developer shall pay all current fees and deposits required. 17. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, the developer shall submit to and receive approval from the City Engineer for the proposed haul route. The developer shall comply with all conditions and requirements of the City. 18. Plans, specifications, and supporting documents for all public improvements shall be prepared to the satisfaction of the City Engineer. In accordance with City Standards, the developer shall install, or agree to install and secure with appropriate security as provided by law, the following improvements: Full half street improvements along the frontage of Sunnyhill Drive, including but not limited to; curb, gutter, sidewalk, pavement widening, grading, any utility relocation or installation required and any necessary transitions beyond the project frontage. Improvements listed above shall be constructed within 18 months of approval of the secured improvement agreement or such other time as provided in said agreement. Please take NOTICE that approval of your project includes the “imposition” of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as “fees/exactions.” You have 90 days from May 1, 1998 to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified feedexactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this SDU 98-02 - GUNTER SLZOND DWELLING UNIT MAY 4, 1998 PAGE 6 project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. 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 $400. 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 Chris DeCerbo at (760) 438- 1 161, extension 4445. GARY FAYNE 1 Assistant Planning Director GEW:CD:mh C: Michael J. Holzmiller Bobbie Hoder Bob Wojcik File Data Entry Planning Aide