HomeMy WebLinkAboutSDU 98-33; Rancho Verde Lot 102; Second Dwelling Unit (SDU)- City of Carlsbad
August 13, 1998
Toni Ricord
Centex Homes
5962 La Place Court #250
Carlsbad, CA. 92008
SUBJECT: ADMINISTRATIVE PERMIT NO. SDU 9833 - RANCHO VERDE
SECOND DWELLING UNIT - Request to develop an attached 432 square
foot second dwelling unit at 3594 Camino Arena, in the R-1-25,000 zone
and Local Facilities Management Zone 11.
APN: 264-50 1-06-00
Dear Ms. Ricord:
The Planning Director has completed a review of your application for an Administrative
Second Dwelling Unit Permit for an attached 432 square foot second dwelling unit at
3594 Camino Arena. 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:
Findinas
1. That the attached second dwelling unit has a separate entrance, does not
exceed 640 square feet, is architecturally compatible with the primary unit,
retains the appearance of a single-family dwelling, and complies with all of the
applicable development standards of the R-1-25,000 zone.
2. 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.
3. That the project is consistent with Objective 3.7 of the Housing Element of the
General Plan in that second dwelling units provide a housing type alternative that
is affordable to lower income households.
4. That pursuant to Attachment "A:
a. 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
2075 La Palmas Dr. - Carlsbad, CA 92009-1 576 (760) 438-1 161 - FAX (760) 438-0894 @
1
SDU 98-33 - RANCHO vCRDE SECOND DWELLING UNIT
August 13, 1998
Paqe 2
5.
6.
7.
8.
9.
IO.
11
12.
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monthly income of a low-income household, adjusted for household size,
at 80% of the San Diego County median income.
b. 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.
c. The owner agrees to continually occupy either the primary dwelling unit or
the second dwelling unit.
That 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-I-
25,000 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.
That the second dwelling unit is provided with an on-site parking space.
That 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.
That school fees will be paid to ensure the availability of school facilities in the
Encinitas Unified School District.
That all necessary public improvements have been provided.
That 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.
That the proposed project is compatible with the surrounding future land uses
since they are designated for residential development on the General Plan.
That 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.
That 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.
SDU 98-33 - RANCHO LERDE SECOND DWELLING UNIT
August 13, 1998
Page 3
Conditions of Approval
1.
2.
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5.
6.
7.
Staff is authorized and directed to make, or require the Developer to make, all
corrections and modifications to the SDU 98-33 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 June 19, 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 Planning Director, notifying all interested parties
SDU 98-33 - RANCHO LcRDE SECOND DWELLING UNIT
August 13, 1998
and successors in interest that the City of Carlsbad has issued a(n) Second
Dwelling Unit Permit on the real property 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 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.
8. 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.
9. 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 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
successor in interest by the City’s approval of this Second Dwelling Unit
Administrative Permit.
IO. 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.
11. 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.
12. 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.
Encaineerina:
13. The developer shall pay all current fees and deposits required.
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.”
SDU 98-33 - RANCHO \IERDE SECOND DWELLING UNIT
August 13,1998
You have 90 days from August 11, 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 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 Barbara Kennedy at (760) 438-1 161, extension 4325.
City ofkarlsbad ,
GARY E. WAYNE’
Assistant Planning Director
GEW:BK:dch
Attachment A: Affidavit of Compliance for a Second Dwelling Unit
Exhibits A-C: Site Plan/Floor Plans
C: Michael Holzmiller
Bobbie Hoder
Chris DeCerbo
Bob Wojcik
File
Data Entry