HomeMy WebLinkAboutSDU 98-18; Rancho Carrillo Village J, Lot 43; Second Dwelling Unit (SDU)- City of Carlsbad
August 28, 1998
UDC Homes, Inc.
11512 El Camino Real, Ste. 110
San Diego, CA 92 130
SUBJECT: SDU 98-18 - RANCHO CARRILLO, VILLAGE J, LOT 43 SECOND
DWELLING UNIT - Request to develop an attached 616 square foot second
dwelling unit in Rancho Carrillo Village J, Lot 43 in the PC Zone and Local
Facilities Management Zone 18. APN: 222-612-04
The Planning Director has completed a review of your application for an Administrative Second
Dwelling Unit Permit for an attached 616 square foot second dwelling unit in Rancho Carrillo
Village J, Lot 43. After careful consideration of this request including written and verbal
comments and objections fiom 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.
Findings
1. The second dwelling unit is attached to the primary unit, which complies with all of the
applicable development standards of the R-1 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”
e 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.
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.
e The owner agrees to continually occupy either the primary dwelling unit or the
second dwelling unit. “Owner” shall include a lessee if the leasehold includes
both the primary dwelling unit and the second dwelling unit.
2075 La Palmas Dr. Carlsbad, CA 92009-1576 (760) 438-1 161 FAX (760) 438-0894 @
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SDU 98-1 8 - RANCHO CL AILLO, VILLAGE J
August 28,1998
Page 2
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Since the second dwelling unit has been integrated into the primary unit which is
consistent with all of the applicable development standards of the R-1 zone and the
Rancho Carrillo Master Plan 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.
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.
All necessary public improvements have been provided or will be required as
conditions of approval.
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 18.
The project has been conditioned to ensure the building permits will not be issued for the
project unless the District Engineer determines 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.
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
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SDU 98-1 8 - RANCHO LARFULLO, VILLAGE J
August 28,1998
Page 3
the State CEQA Guidelines and will not have any adverse significant impact on the
environment.
16. That the project is in conformance with the Elements of 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 Amroval
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Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the SDU 98-18 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 Carrillo Village J, Lot 43 Second Dwelling
Unit". (Exhibit(s) A-I, dated August 28, 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 July 13, 1993, 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
SDU 98-1 8 - RANCHO ChdULLO, VILLAGE J
August 28,1998
Page 4
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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, ownedapplicant 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 Cadsbad has issued a(n) Administrative Permit for a Second
Dwelling Unit on the real property owned by the ower/applicant. 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 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.
This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 18 Local Facilities Management Plan and any amendments made to
that Plan.
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:
13. The developer shall pay all current fees and deposits required.
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SDU 98-1 8 - RANCHO L. JUULLO, VILLAGE J
August 28,1998
NOTICE
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 August 28, 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 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 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 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 Chris DeCerbo at (760) 438-
1 16 1, extension 44445.
&&f+ City arlsbad
Assiht Planning Director
Attachment A: Affidavit of Compliance for a Second Dwelling Unit
Exhibits A-I: Site Plan/Floor Plans
GEW:GF:MH
C: Michael Holzmiller
Bobbie Hoder
Bob Wojcik
Michele Masterson
File
Data Entry