HomeMy WebLinkAboutSDU 99-27; Grosse Second Dwelling Unit; Second Dwelling Unit (SDU)August 20,1999
Mrs. Lisa Grosse
5870SunnyCreekRoad
Carlsbad. CA 92008
SUBJECT: ADMINISTRATIVE PERMIT NO. SOU 99-27 - GROSSE RESIDENCE
SECOND DWELLING UNIT - Request to develop a detached 640 square
foot second dwelling unit at 5870 Sunny Creek Road, in the R-A-2.5 Zone
and Local Facilities Management Zone 15.
APN: 209-040-45-00
Dear Mrs. Grosse:
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
5870 Sunny Creek Road. 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 detached 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-A-2.5 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.
2075 La Palmas Dr. Carlsbad, CA 92009-1 576 (760) 438-1 161 FAX (760) 438-0894 @
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SDU 99-27 - GROSSE RESIDENCE
August 20, 1999
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5.
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b. The ownerlapplicant 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 is consistent with all of the applicable
development standards of the R-A-2.5 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 ownerlapplicant 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 ownerlapplicant 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 15.
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.
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August 20,1999
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Conditions of ADDroval
1. Staff is authorized and’ directed to make, or require the Developer to make, all
corrections and modifications to the SDU 99-27 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 Planning Director does hereby APPROVE the SECOND DWELLING UNIT
PERMIT for the project entitled “GROSSE RESIDENCE SECOND DWELLING
UNIT”. (Exhibit(s) A, dated August 20, 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.
3. The Developer shall comply with all applicable provisions of federal, state, and
local ordinances in effect at the time of building permit issuance.
4. 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 I I, 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.
5. Prior to the issuance of a building permit, ttie Developer shall provide proof to the
Director from Carlsbad Unified School District that this project has satisfied its
obligation to provide school facilities.
6. 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.
7. 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,
SDU 99-27 - GROSSE RESIDENCE
August 20, I999
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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.
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 15 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.
13. The Developer shall pay their fair share for the “short-term improvements” to the
El Camino ReaVPalomar 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 15 LFMP fee; the creation of a fee or assessment district; or
incorporation into a Mello-Roos taxing district.
Enaineerina:
14. The developer shall pay all current fees and deposits required.
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Fire:
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Prior to the issuance of a building permit, the applicant shall demonstrate the
availability of an adequate sewer system for the project. If an existing private
sewer system is to be utilized, the applicant shall demonstrate there is capacity
in the existing system to accommodate this project.
Applicant must secure an off-site easement from the adjacent property owner for
fire hazard abatement purposes. The easement will permit applicant access to
any adjacent property within sixty feet of the proposed improvements.
All proposed structural improvements must conform to the Class 1 Ignition
resistant specifications of Section 505 of the Urban Wildland Interface Code. All
Structures will be protected by automatic fire sprinklers.
Access and the addition of one fire hydrant shall be provided as depicted on the
applicant’s submittal.
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 20, 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 othenrvise 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
SDU 99-27 - GROSSE REblDENCE
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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.
Citv ofZarlsbad
ant Planning Director
I GEW:PG:mh
Attachment A: Affidavit of Compliance for a Second Dwelling Unit
Exhibits A: Site Plan/Floor Plans
C: Michael Holzmiller
Ken Quon
Chris DeCerbo
Bob Wojcik
File
Data Entry