HomeMy WebLinkAboutSDU 95-01; Dunning Second Dwelling Unit; Second Dwelling Unit (SDU) (2)STATE OF CALIFORNIA-THE RESOURCES AGENCY PETE WILSON, Governor
CALIFORNIA COASTAL COMMISSION
&N*DIEGO COAST AREA
3111 CAMINO DEL RIO NORTH, SUITE 200 - SAN DIEGO, CA 92108-1725 Page 1 of 4
(619) 521-8036 Permit Application No. 6-95-56110
Date Apri 1 17. 1995
*CORRECTION
ADMINISTRATIVE PERMIT
APPLICANT: Kirk Dunni ng
PROJECT DESCRIPTION: Construction of a one-story, 640 sq.ft. detached ' accessory unit on a 29,678 sq.ft. site containing an existing one-story, 1,587 sq.ft. single family residence.
PROJECT LOCATION: 7031 Manzanita Street, Carlsbad, San Diego County.
APN 215-503-34
EXECUTIVE DIRECTOR'S DETERMINATION: The findings for this determination, and
for any special conditions, are discussed on subsequent pages.
NOTE: The Commi ssion's Regulations provide that this permit shall be reported
to the Commission at its next meeting. If one-third or more of the appointed membership of the Commission so request, a permit will not be issued for this permit application. Instead, the application will be removed from the admini strative calendar and set for pub1 i c hearing at a subsequent Commission
meeting. Our office wi 11 notify you if such removal occurs.
This permit will be reported to the Commission at the following time and place:
DATE and TIME: May 11, 1995 LOCATION: Waterfront Hilton Beach Resort
9:00 a.m. Thursday *21100 Pacific Coast Hiahwav
Huntington Beach, CA
IMPORTANT - Before you mav DrOCeed with deve1oDment. the followina must occur:
For this permit to become effective you must sign the enclosed duplicate copy acknowledging the permi t's receipt and avepting its contents, including a1 1 conditions, and return it to our office:' Following the Commission's meeting, and once we have received the signed acknowledgment and evidence of compliance
with a1 1 special conditions, we wi 11 send you an authorization to proceed with
development. BEFORE YOU CAN OBTAIN ANY LOCAL PERMITS AND PROCEED WITH
PERMIT AUTHORIZATION FROM THIS OFFICE. ; PETER DOUGLAS
Executive Director
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By :
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STANDARD CONDITIONS:
1. Notice of Recei Dt and Acknowl edqement;. The permit is not Val id and
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development shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission
office.
2. ExDiration. If development has not commenced, the permit will expire two!
years from the date on which the Commission voted on the application.
Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date.
3. ComDliance. All development must occur in strict compliance with the
proposal as set forth below. Any deviation from the approved plans must
be reviewed and approved by the staff and may require Commission approval.
4. InterDretation. Any questions of intent or interpretation of any condition wi 11 be resolved by the Executive Director or the Commission.
5. InsDections. The Commission staff shall be allowed to inspect the site and the development during construction, subject to 24-hour advance notice.
6. Assiqnment. The permit may be assigned to any qualified person, provided
assignee files with the Commission an affidavit accepting all terms and conditions of the permit.
7. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and condi tions.
EXECUTIVE DIRECTOR'S DETERMINATION (continuedl:
Pursuant to Public Resources Code Section 30624, the Executive Director hereby determines that the proposed development, subject to Standard and Special Conditions as attached, is in conformity with the provisions of Chapter 3 of the Coastal Act of 1976, will not prejudice the ability of the local government to prepare a Local Coastal Program that is in conformity with the provisions of Chapter 3, and will not have any significant impacts on the environment within the meaning of the California Environmental Quality Act.
Any development located between the nearest public road and the sea is in
conformity with the public access and public recreation policies of Chapter 3.
Proposed is the construction of a one-story, 640 sq.ft. detached accessory unit on a 29,678 sq.ft. site containing an existing single family residence. In order to construct the unit, the applicant wilj also remove play equipment and demolish a portion of an existing trellis; however, neither of these latter improvements require a. coastal development permit. One additional paved off-street tandem space will be provided for the proposed unit. The
* proposed unit. The subject site is located on the west side of Manrani ta Street, in the City of Carlsbad which is on the east side of Interstate-5.
As stated, the project involves the construction of accessory 1 ivi ng unit approved under the provisions of the City of Carlsbad's Zoning Ordinance regarding accessory units. As a condition of the administrative permit for the proposed accessory unit, the City required the applicant to record a deed restriction that would limit the unit to be rented to persons of low and , moderate income.
This ordinance was developed in compliance with State Law pertaining to second units, (Section 65852.2(a) of the Government Code), which authorizes local agencies to adopt ordinances that provide that on parcels zoned for single-family and mu1 ti-family residential development, an attached or detached accessory unit is permitted by right, a1 though the local agency .?a, impose standards concerning parking, setback, height, lot coverage, architecture and size. The proposed accessory unit is consistent with the ordinance, however, the ordinance addressing second units has not yet been incorporated into the City' s LCP.
However, the subject site is planned and zoned for residential developmenl in the City of Carlsbad's Zoning Ordinance and certified LCP. A maximum of two dwelling units would be permitted on the site, thus, the proposed project i ; consistent with the density allowed by the certified LCP. Special Condi t'lon #1 is attached as an advisory condition to notify the applicant that any additional units wi 11 require a separate coastal development permit.
Additionally, the Commission has approved numerous second units subject to the provisions of State law, and finds that in this case, the proposed accessory unit is consistent with past Commission action and the State laws governing second units and does not result in any Coastal Act conflicts. The subject site is located in an area where a1 1 typical urban services such as water and sewer are available, and the surrounding infrastructure of the community will be able to accommodate the increased density of development resulting from the project. The proposed parking is consistent with the City's requirements for accessory units. One additional tandem parking space will be provided for the accessory unit which is consistent with the ordinance and State law, In addition, the site is located on the east side of Interstate-5 in an area which does not have the potential to impact beach or public recreational parking. The proposed project will not result in adverse impacts to beachlaccess or pub1 i c recreation parking and one parking space should be sufficient to serve the accessory unit. Thus, the proposed density does not in itself raise any coastal access issues, and the project can be found consistent with certified Carlsbad LCP.
Several policies of the certified Carl sbad LCP address the preservation of scenic and vi sua1 resources. These policies a1 so refer to the City establishing future policies to protect the character of existing older communities. The site is located within an established residential neighborhood consisting of single-family residences. The proposed structure wi 11 be compatible in size and scale with the surrounding development. The
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subject site is not vi si ble from Interstate 5 or any other designated coastal access routes or scenic corridors, and will therefore not have an adverse visual impact on the community. Therefore, the project can be found consistent with the certified Carl sbad LCP, and approval wi 11 not prejudice the ability of the Carl sbad to implement its certified LCP.
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SPECIAL CONDITIONS:
1. Permi tted Density. No portion of the single family residence and accessory unit permitted on this site shall be rented, leased, occupied, sold ~ or otherwise used as a third separate dwell ing unit without the prior review and approval of the Coastal Commission or its successor in interest.
ACKNOWLEDGEMENT OF PERMIT RECEIPT/ACCEPTANCE OF CONTENTS: I/We acknowledge that I/we have received a copy of this permit and have accepted its contents including a1 1 conditions.
Appl i cant's Signature Date of Signing