HomeMy WebLinkAboutSDU 99-26; Clare Second Dwelling Unit; Second Dwelling Unit (SDU)June 23, 1999
Mr. Neil Clare
1044 Palm Avenue
Carlsbad, CA 92008
SUBJECT: ADMINISTRATIVE PERMIT NO. SDU 99-26 - CLARE RESIDENCE SECOND
DWELLING UNIT - Request to develop a detached 640 square foot second
dwelling unit at 1044 Palm Avenue, in the R-1 Zone and Local Facilities
Management Zone 1.
APN: 205-1 90-02-00
Dear Mr. Clare:
The Planning Director has completed a review of your application for an Administrative Second
Dwelling Unit Permit for a detached 640 square foot second dwelling unit at 1044 Palm Avenue.
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:
Findinus:
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 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 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.
2075 La Palmas Dr. - Carlsbad, CA 92009-1 576 - (760) 438-1 161 - FAX (760) 438-0894
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June 21,1999
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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 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.
The project has been conditioned to provide proof from the Carlsbad Unified School
District that the project has satisfied its obligation for school facilities.
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 1.
That this project could have a potentially significant negative cumulative impact
on the Palomar Airport RoadlEl Camino Real intersection. However, this project
has been conditioned to pay its fair share of the “short-term improvements”,
thereby guaranteeing implementation of a mitigation measure that reduces the
potential impact to a level of insignificance.
Conditions of Amroval
1. Staff is authorized and directed to make, or require the Developer to make, all
corrections and modifications to the SDU 99-26 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.
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The Planning Director does hereby APPROVE the SECOND DWELLING UNIT
PERMIT for the project entitled “CLARE RESIDENCE SECOND DWELLING UNIT”.
(Exhibit(s) A-B, dated June 21, 1999, 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 May 6, 1999, 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.
Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from Carlsbad Unified School District that this project has satisfied its obligation
to provide school facilities.
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 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) 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 Notice of Restriction shall specify that all owners and
successors in interest are required to sign and file an Affidavit of Compliance for
this Second Dwelling Unit. 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 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
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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.
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 1 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.
The Developer shall pay their fair share for the “short-term improvements” to the El
Camino Real/Palomar Airport Road intersection prior to approval of the final map or the
issuance of a building permit, whichever occurs first. The amount shall be determined
by the methodology ultimately selected by Council, including but not limited to, an
increase in the city-wide traffic impact fee; an increased or new Zone 1 LFMP fee; the
creation of a fee or assessment district; or incorporation into a Mello-Roos taxing district.
Enaineering:
14. The developer shall pay all current fees and deposits required.
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 June 21, 1999 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 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 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.
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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 Paul Godwin at (760)
438-1 161, extension 4329.
Assistant Planning Director
Attachment A: Affidavit of Compliance for a Second Dwelling Unit
Exhibits A-B: Site Plan/Floor Plans
C: Michael Holzmiller
Kathy Farmer
Chris DeCerbo
Bob Wojcik
File
Data Entry