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HomeMy WebLinkAboutSDU 98-03; Levy Residence; Second Dwelling Unit (SDU)City of Carlsbad June 1,1998 John C. Levy 1825 Aston Avenue Carlsbad CA 92008 SUBJECT: The Planning SDU 98-03 - LEVY SECOND DWELLING UNIT Request to develop a 577 square foot second dwelling unit over a new garage on property located along the south shore of Buena Vista Lagoon, west of the AT&SF Railroad and north of Mountain View Drive., in the R-1-30 Zone and Local Facilities Management Zone 1. Director has completed a review of your application for an Administrative Permit to develop a 577 square foot second dwelling unit over a new garage on property located along the south shore of Buena Vista Lagoon, west of the AT&SF Railroad and north of Mountain View 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. 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 bath the primary dwelling and the second dwelling unit. 2. The second dwelling unit is detached from 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 ~-1 Zone. 4. The second dwelling unit has a maximum height of 35 feet above grade. 5. The second dwelling unit includes an off-street parking space. 6. The total floor area of the second dwelling unit does not exceed 640 square feet. 2075 La Palmas Dr. - Carlsbad, CA 92009-1 576 - (760) 438-1 161 FAX (760) 438-0894 @ h i -- SDU 98-03 - LEVY SELLIND DWELLING UNIT June 1,1998 Paae 2 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. The second dwelling unit is architecturally compatible with the proposed primary dwelling unit and retains the appearance of a single family dwelling along Buena Vista Lagoon. 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. 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-1 Zone, 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 physica€ly 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 pas 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 or open space 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 faciliti.es 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. - .% SDU 98-03 - LEVY SELOND DWELLING UNIT June 1, 1998 Paae 3 18. The project has been conditioned to ensure the building permits will not be issued for the project unless the District Engineer determines sthat 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. 19. Statutory School fees will be paid to ensure the availability of school .facilities in the Carlsbad Unified School District. 20. The Planning Director of the City of Carlsbad has reviewed, analyzed and considered Mitigated Negative Declaration CDP 97-59/SDU 98-03, the environmental impacts therein identified for this project and said comments thereon, and the Mitigation Monitoring and Reporting Program, on file in the Planning Department, prior to APPROVING the project. Based on the EIA Part I1 and comments thereon, the Planning Director finds that there is no substantial evidence the project will have a significant effect on the environment and hereby APPROVES the Mitigated Negative Declaration. 2 1. 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. Condition of AuDroval: 1. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the SDU 98-03 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 penit issuance. 3. Approval is granted for SDU 98-03, as sham on Exhibits “A” - “G”, dated June 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 “Levy Second Dwelling Unit”, Project entitled SDU 98-03 (Exhibits “A” - “G” on file in the Planning Department and incorporated by this reference, dated June 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. c SDU 98-03 - LEVY SEL~ND DWELLING UNIT June 1, 1998 Paqe 4 5. 6. 7. . 8. 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. 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. 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 constfuction 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.fiied 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. 10. 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 /“ .I SDU 98-03 - LEVY SECdND DWELLING UNIT June 1, 1998 Paae 5 or a successor in interest by the City’s approval of this Second Dwelling Unit Administrative Permit. 1 1. 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 2 1.90 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 26,1998, 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. 12. This project shall comply with all conditions and mitigation measures which are required as partof the Zone 1 Local Facilities Management Plan and any amendments made to that Plan. 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 98-03 is granted subject to the approval of CDP 97-59. SDU 98-02 is subject to all conditions contained in Planning Commission Resolutions 4331 and 4332 for the Mitigated Negative Declaration and CDP 97-59. 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 June 1, 1998 to protest imposition of these feedexactions. 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 fees/exactions 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 project; NOR DOES IT APPLY to any feedexactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. SDU 98-03 - LEVY SEL~ND DWELLING UNIT June 1, 1998 Paqe 6 This decision may be appealed by you or any member of the public to the Planning Commission within ten (10) 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. CITY OWARLSBAD Assistdt Planning Director GEW:CD:kc C: Michael J. Holzmiller Bobbie Hoder Bob Wojcik File Data Entry Planning Aide