HomeMy WebLinkAboutSDU 98-13; Rancho Verde, CT 89-18, Lot 133; Second Dwelling Unit (SDU)July 8, 1998
Carey Dennison
Centex Homes
5962 La Place Court #250
Carlsbad, CA 92008
SUBJECT: ADMINISTRATIVE PERMIT NO. SDU 98-13 - RANCHO VERDE
SECOND DWELLING UNIT - Request to develop an attached 519 square
foot second dwelling unit at 7943 Sitio Vaquero, in the PC zone and Local
Facilities Management Zone 11.
APN: 264-502-05
Dear Ms. Dennison:
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
7943 Sitio Vaquero. 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.
Findinns
1. The second dwelling unit is attached to the primary unit, which complies with all
of the applicable development standards of the PC 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”
0 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 * (760) 438-11 61 - FAX (760) 438-0894 @
. SDU 98-1 3 - RANCHO L LRDE SECOND DWELLING UNIT
July 8 1998
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e 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 PC 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 to accommodate residential development
at the density proposed.
School fees will be paid to ensure the availability of school facilities in the
Encinitas 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.
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SDU 98-13 - RANCHO VI~RDE SECOND DWELLING UNIT
July 8 1998
Paqe 3
Conditions of ADDroval
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Staff is authorized and directed to make, or require the Developer to make, all
corrections and modifications to the SDU 98-13 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.
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 July 2, 1998, 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 a certificate of occupancy, owner/applicant shall submit
to the City a Notice of Restriction to be filed in the ofice of the County Recorder,
subject to the satisfaction of the Planriing Director, notifying all interested parties
SDU 98-13 - RANCHO LLRDE SECOND DWELLING UNIT
July 8 1998
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and successors in interest that the City of Carlsbad has is sued a(n) Second
Dwelling Unit Permit on the real prope-rty 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 appro\ial 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 owner/applicant or successor in interest.
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.
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.
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.
This project shall comply with all conditions and mitigation measures which are
required as part of the Zone 11 Local Facilities Management Plan and any
amendments made to that Plan.
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SDU 98-13 - RANCHO \LADE SECOND DWELLING UNIT
July 8 1998
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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.
Engineering:
1. The developer shall pay all current fees and deposits required.
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 $400.00. 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 Greg Fisher at (760) 438-1 161 , extension 4328.
City of Carlsbad
GARY E. WAYN~'
Assistant Planning Director
Attachment A: Affidavit of Comliance for a Second Dwelling Unit
Exhibits A-C: Site Plan/Floor Plans
GEW:GF:MH
C: Michael Holzmiller
Bobbie Hoder
Bob Wojcik
Michele Masterson
File
Data Entry