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HomeMy WebLinkAboutSDU 99-02; Montes Residence; Second Dwelling Unit (SDU)- CITY OF CARLSBAD LAND USE REVIEW APPLICATION Administrative Permit - 2nd Dwelling Unit Administrative Variance Coastal Development Permit lcw 99-05 10 Conditional Use Permit Condominium Permit Environmental Impact Assessment General Plan Amendment Hillside Development Permit Local Coastal Plan Amendm Master Plan Non-Residential Planned Development ent I: Planned Development Permit I Planned Industrial Permit Planning Commission Determination Precise Development Plan Redevelopment Permit Site Development Plan Special Use Permit Specific Plan Obtain from Engineering Department Tentative Tract Map Variance Zone Change List other applications not 1 7 (FOR DEPARTMENT F I I specified 5) OWNER NAME (Print or Type) 16) APPLICANT NAME (Print or Tvpe) I MAILING ADDRESS I MAILING ADDRESS I I CITY AND STATE ZIP TELEPHONE CITY A D STATE TELEPHONE Cads Sad (A WLWI a' &,f5 7%q3q&5 1 CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE KNOWLEDGE. OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE SIGNATURE DATE 7) BRIEF LEGAL DESCRIPTION SIGNATURE DATE NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS BE FILED, MUST BE SUBMllTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION BE FILED, MUST BE SUBMllTED PRIOR TO 4:OO P.M. Form 16 ! PAGE 1 OF 2 1 LOCATION OF PROJECT: ON THE 7 SIDE OF I] BETWEEN [I AND 41 STREET ADDRESS (NORTH, SOUTH, EAST, WEST) (NAME OF STREET) (NAME OF STREET) (NAME OF STREET) LOCAL FACILITIES MANAGEMENT ZONE I 1 1 I RESIDENTIAL UNITS I I RESIDENTIAL UNITS I I TYPE OF SUBDIVISION 1-1 SQUARE FOOTAGE [I SQUARE FOOTAGE 15) PROPOSED COMM 14) PROPOSED IND OFFICE/ PERCENTAGEOFPROPOSED 17) PROPOSED INCREASE IN PROJECT IN OPEN SPACE 18) FAEYFESOLWER I I PLAN EXISTING ZONING 23) PROPOSED ZONING 0 IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMEBERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TO ENTRY FOR THIS PURPOSE SIGNATURE FOR CITY USE ONLY FEE COMPUTATION APPLICATION TYPE FEE REQUIRED I I TOTAL FEE REQUIRED 1-1 DATE FEE PAID Form 16 RECEIVED BY: I I RECEIPT NO. I PAGE 2 OF 2 + SUPPLEMENTAL APPLICATION FORM FOR ALL COASTAL DEVELOPMENT PERMITS + APPLICATION CHECKLIST FOR SINGLE FAMILY REGULAR & MINOR COASTAL DEVELOPMENT PERMITS (Afq3kwmchecMst&"""&"" This supplemental application is to be filed for any development requiring a Coastal Development Permit issued by the City of Carlsbad. 1. GENERAL BACKGROUND A. Estimated Cost of Development: Development costing $60,000 or more does not qualify as a Minor Coastal Development Permit. The Planning Director shall make the final determination regarding a project's cost of development. The primary basis for determining cost of development will be the application of dollar costs per square foot for different types of residential construction. These costs are set by the International Conference of Building Officials (ICBO) and are applied throughout San Diego County. Please complete the following information to assist in the determination of this project's cost of development (Contractor proposals may also be submitted for consideration by the Planning Director). a New Residential Square Footage: a Residential Addition Square Footage: Any Garage Square Footage: 7- square feet x $78.00/sq. ft. = $ 58 , 344 square feet x $94.00/sq. ft. = $ square feet x $22.00/sq. ft. = $ a Residential Conversion Square Footage: square feet x $26.00/sq. ft. = $ 3 For Non-Residential Uses, use the following figures for calculations: RetaNStore @ $38.00/sq. ft.; Restaurant @ $69.00/ sq. ft.; Office @ $55.00/ sq. ft.; ManufacturingNVarehouse @ $24.00/sq. ft.: square feet x $ /sq. ft. = $ COST OF DEVELOPMENT ESTIMATE: $ 34-4 1. A Minor Coastal Development Permit (Under $60,000) / 2. A Regular Coastal Development Permit ($60,000 or more) B. Do you wish to apply for: Form 15 10197 Page 1 of 8 II. 111. C. D. E. F. G. 4 - Street address of proposed development Assessor's Parcel NJmber of proposed development 3ReO@lllA LMut? . GwlL/dnh 2054" *b Development Description: 1 2. Estimated cost of development: '58, * Describe the present land uses (i.e. Vacant land, single family homes, apartments, offices, etc.) that surround the proposed development to the: PRESENT USE OF PROPERTY A. Are there existing structures on the property? Yes 0 No If yes, please describe. " I \ , e&+a \&Id I/u>yLs. B. Will any existing structure be removed/demolished? Yes a No If yes to either question, describe the extent of the demolition or removal, including the relocation site, if applicable (also show on plans). LOT COVERAGE A. Existing and Proposed Building Coverage Landscaped Area Hardscape Area Unimproved Area (Left Natural) Existinq 224-0 sq. ft. W6esq. ft. 9 6s sq. ft. - sq. ft. New ProDosed Total 746 sq. ft. 248% sq. ft. !# sq. ft. %%q. ft. 30 sq. ft. 490 sq. ft. - sq. ft. sq. ft. - Form 15 10197 Page 2 of 8 ... ... ... ... ... ... ... . .. B. Parking: Number of existing spaces Number of new spaces proposed Existing/Proposed TOTAL: Number of total spaces required Number of covered spaces Number of uncovered spaces Number of standard spaces Number of compact spaces Is tandem parking existing? 0 Yes# I>Q No Is tandem parking proposed? Yes # w No C. Grade Alteration: Is any grading proposed? 0 Yes If yes, please complete the following: pa No 1. Amount of cut cu. yds. 2. Amount of fill cu. yds. 3. Maximum height of fill slope feet 4. Maximum height of cut slope feet 5. Amount of import or export cu. yds. 6. Location of borrow or disposal site ... Form 15 10197 Page 3 of 8 IV. V. ENVIRONMENTAL REVIEW Submit Environmental Impact Assessment (EIA) Part I with Regular Coastal Development Permits; check with Planning Staff regarding Minor Coastal Development Permits and Single Family Regular Coastal Development Permits for any environmental review requirements. GENERAL APPLICATION REQUIREMENTS (For Single Family Regular and Minor Coastal Development Permits; Regular Coastal Development Permits covered under separate handout) A. 1. B. C Gk GPl& Four (4) COD~~S for a Minor Coastal Development Permit, four (4) copies for a Single Family Regular Coastal Development Permit prepared on a 24” x 36 sheet@) folded to 8%‘‘ x 11”. The site plan shall include the following information: General Name and address of applicant, engineer and/or architect, etc. Location, size and use of all easements. Dimensions and locations of: access, both pedestrian and vehicular, showing service areas and points on ingress and egress, off-street parking and loading areas showing location, number and typical dimension of spaces, and wheel stops. Distance between building andlor structures. Building setbacks (front, rear and sides). Location, height and materials of walls and fences. Dimensions/location of signs. A summary table indicating the following information (if applicable to the application): (1) Site acreage ~(2) Existing zone and land use 43) Proposed land use 44) Total building coverage 45) Building square footage 4;; Number of parking spaces Percent landscaping (8) NP Square footage of open/recreational space (if applicable) (9) rJyL Cubic footage of storage space (if applicable) Buildina elevations (all sides of all buildings) and floor plans: Four (4) c-for a Minor Coastal Development P-ermit and four (4) copies for a Single Family Regular Coastal Development Permit, prepared on 24 x 36” sheets folded to 8%’’ x 11” size. The building and floor plans shall include the following: 1 .‘ Location and size of storage areas (if applicable) 2.’ All buildings, structure, walls and/or fences, signs and exterior lights. 3. ’ Existing and proposed construction. Grading and Drainage: Grading and drainage plans must be included with this application. In certain areas, an engineering geology report must also be included. Please consult the City Planning and Engineering Department representative for a determination on any grading plan geotechnical Form 15 10197 Page 4 of 8 requirements if the project is in an overlay zone. The following information shall be submitted at a minimum: 1. Approximate contours at 1’ intervals for slopes less than 5%; 2’ intervals for slopes between 5% and 10%; and 5’ intervals for slopes over 10% (both existing and proposed). Existing and proposed topographic contours within 100’ perimeter of the boundaries of the site. Existing onsite trees; those to be removed and those to be saved. 2. Earthwork volumes; cut, fill, import and export. 3. Spot elevations at the corners of each pad. 4. Method of draining each lot. Include a typical cross section taken parallel to the frontage for lots with less than standard frontage. 5. Location, width and/or size of all watercourses and drainage facilities within and adjacent to the proposed subdivision. Show location and approximate size of any proposed detentionhetention basins. 6. Clearly show and label 100 year flood line for the before and after conditions for any project which is within or adjacent to a FEMA flood plain. D. Reduced site plan: One (1) copy of 8%” x 11”. (Not required for Single Family oI/- Residence). Location Map: One (1) copy of 8%‘‘ x 11” (suggested scale 200” - vicinity maps F-) on the site plan are not acceptable). F. Colored Site Plan and Elevation Plan: (Not required with the first submittal) It is the Applicant‘s responsibility to bring one (1) copy of a colored site plan and one (1) copy of a colored elevation to the Planning Department bv 12:OO noon, eiclht (8) davs prior to the Planninq Commission meetinq. Do not mount exhibits. VI. REQUIRED DOCUMENTS A. Land Use Review Application Form 4. Completed Coastal Development Supplemental Application Form r/ C. Disclosure Statement D. Completed “Project Description/Explanation” Sheet JE. iw TitY3ee2 PO (required for sites in Coastal Commission Appeal Area) VII. OTHER REQUIREMENTS A. Property Owners List and Address Labels NOTE: When the application is tentatively scheduled to be heard by the decision making body, the project planner will contact the applicant and advise him to submit the radius map, two (2) sets of the property owners list and labels. The applicant shall be required to sign a statement certifying that the information provided represents the latest equalized assessment rolls from the San Diego County Assessor’s Office. The project will NOT go forward until this information is received. Form 15 10197 Page 5 of 8 .... h 1. A typewritten list of the names and addresses of all property owners within a 600’ radius of subject property (including the applicant and/or owner). The list shall include the San Diego County Assessor’s parcel number from the latest assessment rolls. 2. Two (2) separate sets of mailing labels of the property owners within a 600’ radius of the subject property. The list must be typed in all CAPITAL LETTERS, left justified, void of punctuation. For any address other than single family residence, an apartment, suite or building number must be included on a separate line. DO NOT include it on the street address line. DO NOT TYPE ASSESSOR’S PARCEL NUMBER ON LABELS. DO NOT provide addressed envelopes - PROVIDE LABELS ONLY. Acceptable fonts are: Swiss 721, Enterprise TM or Courier NEW (TT) no larger than I I pt. Sample labels are as follows: UNACCEPTABLE UNACCEPTABLE ACCEPTABLE Mrs. Jane Smith Mrs. Jane Smith MRS JANE SMITH 123 Magnolia Ave., Apt #3 123 Magnolia Ave. APT 3 Carlsbad, CA 92008 Apt. #3 123 MAGNOLIA AVE Carlsbad, CA 92008 CARLSBAD CA 92008 3. 600’ Radius Map: A map to scale not less than 1”=200’ showing each lot within 600’ of exterior boundaries of the subject property. Each of these lots shall be consecutively numbered and correspond with the property owners list. The scale of the map may be reduced to a scale acceptable to the Planning Director if the required scale is impractical. 4. 100’ Radius OccupanWAddress List and Labels (for coastal zone/CDPs only): One (1) list of the occupants/addresses located within a 100’ radius of the project site; and two (2) sets of labels (as described in “A” above) of the addresses within a 100’ radius. B. Fees and Deposit for Publication of Notices: See Fee Schedule for amount. VIII. SPECIFIC APPLICATION REQUIREMENTS (May apply to single family, regular and minor coastal development permits) Coastal Overlay Zones require additional information to be submitted as follows: (refer to the Municipal Code for a full description): A. Coastal Agriculture Overlay Zone 1. Refer to the Carlsbad Municipal Code Section 21.202.060 for specific requirements. B. Coastal Resource Protection Overlay Zone 1. Slope analysis/mapping for 25% and greater subject to Section 21.203.040 of the Carlsbad Municipal Code. 2. Topographic and vegetation mapping/analysis subject to Subsection 21.203.040(B)(I) of the Carlsbad Municipal Code, if project is located Form 15 10197 Page 6 of 8 " h along the first row of lots bordering Buena Vista Lagoon including the Lagoon mouth. 3. Topographic, drainage and wetland mapping subject to Subsections 21.203.040(B)(2)(a) and (b) of the Carlsbad Municipal Code if located east of Interstate 5 in the Batiquitos Lagoon watershed. 4. Drainage study subject to Subsection 21.203.040(B)(3) of the Carlsbad Municipal Code if project is located west of existing Paseo del Norte, west of Interstate 5 or along El Camino Real immediately upstream of existing storm drains. 5. Geologic report addressing landslides and slope stability subject to Subsection 21.203.040(B)(4) of the Carlsbad Municipal Code. 6. Geologic report addressing land slides and seismic hazards subject to Subsection 21.203.040(C) and (D) of the Carlsbad Municipal Code. C. Coastal Shoreline Development Overlay Zone 1. Geotechnical report subject to 21.204.1 10 if project is located adjacent to an existing seabluff edge between the sea and the first public road parallel to the sea; also may be required by Planning Director if deemed necessary consistent with Section 21.204.110 of the Carlsbad Municipal Code. 2. Show all structures and decks on adjacent north and south properties to perform "stringline" test subject to Subsection 21.204.050(B) of the Carlsbad Municipal Code. 3. Unless otherwise submitted project in this zone must also be submitted with plans showing: a. Boundaries and topography b. Existing and proposed structures C. Circulation d. Drainage e. Finished topography f. Landscaping D. Coastal Resource Overlay Zone Mello I LCP Segment 1. Erosion, sedimentation and drainage report subject to Section 21.205.060 of the Carlsbad Municipal Code if project is located in the Batiquitos Lagoon watershed. IX. REQUIRED COASTAL PERMIT FINDINGS Approval of a regular or minor coastal development permit is based on the abillty to make three coastal related findings. These three findings are presented below for your review and information. 1. That the proposed development is in conformance with the Certified Local Coastal Program and all applicable policies. 2. That the development is in conformity with the public access and public recreation policies of Chapter 3 of the Coastal Act. ' Form 15 10197 Page 7 of 8 -. h 3. That the development conforms with any applicable decision pertinent to this proposal and/or site as set by the Coastal Commission on a previously related appeals decision per Public Resources Code §30604(c). Form 15 10197 Page 8 of 8 PROJECT DESCRlPTION/EXPLANATION PROJECT NAME: APPLICANT NAME: Please describe fully the proposed project. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may also include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. Description/Explanation: & 1\44 b ebh~ "AD/ - Rev. 4/91 ProjDesc.frm ” DISCLOSURE STATEMENT Applicant‘s statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as “Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county. city municipality, district or other political subdivision or any other group or combination acting as a unit.” Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant’s agent) Provide the COMPLETE, LEGAL names and addresses of persons having a financial interest in the application. If the applicant includes a comoration or PartnershiD, include the names. title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON- APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person 3- h~kp Corp/Part A. 3 OWNER (Not the owner’s agent) Provide the COMPLETE, LEGAL names and addresses of persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.q partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly- owned corporation, include the names. titles. and addresses of the corporate officers. (A separate page may be attached if necessary.) Person 302 Corp/Part Title hhJ&- Title Address %?!%)@\lY w, (%&&dress 3. 1- 4. - A NON-PROFIT ORG.. .dIZATION OR TRUST lf any person identified pursuant to (1) or (2) above is a nonurofit organization or a trust. list the names and addresses of ANY person serving as an oficer or director of the non-profit organization or as trustee or beneficiary of the. Non Profiflrust Non Profitrrrust Title Title Address Address Have you had more than $250 worth of business transacted with any member of City staff. Boards, Commissions, Committees and/or Council within the past twelve (12) months? Yes l)cl No If yes, please indicate person(s): NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. /9/- sp Signature of applicaddate TmKhdei 5W?4Jlbfd wuk-4 Print or type name of owner V 1 Print or type name of applicant \[a /q4 licant's agent if applicable/date Print or type name ofownekapplicant's agent c H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 of 2 ~~ - CITY OF CARLSBAD ,. ,'PLICATION REQUIREMENTS FOh SECOND DWELLING UNIT ADMINISTRATIVE PERMIT An administrative permit (a permit which is reviewed and approved by the Planning Director) is required for the development of a second dwelling unit within the City of Carlsbad. The following materials shall be submitted for each application or for combined applications on a single project, except as noted under "III. Other Requirements", A and B of Property Owner's List and Address Labels. I. /kEQUIRED PLANS (folded and delivered in complete sets) SITE PLAN: four (4) copies prepared on a 24" x 36" sheet(s) folded to 8 1/2" x 1 1 It. The site plan shall include the following information: 1. Name and address of owner, engineer and/or architect, etc. 2. Location, size and use of all easements. 3. Location and dimension of vehicular access and all offstreet parking. 4. Lot dimensions and location (building footprint) of the primary and secondary dwelling unit. 5. Distance between buildings and/or structures. 6. Building setbacks (front, rear and sides). 7. Dimensions of rearyard recreational area (for lots smaller than 7,500 square feet). 8. Location, height, and materials of walls and fences. 9. Location of water and sewer lines. 10. A summary table which includes the following information: a) lot area (total acres or square feet); bj existing zone and land use; c) total building coverage; d) building square footage for each dwelling unit; e) number of parking spaces. 1 1. North arrow and scale. 12. Location and width of adjacent street(s). 13. Name of sewer, water and school districts providing service to the site. @ii"? 14. Existing and proposed topographic contour lines. & !I 5. Existing onsite trees; those to be removed and those to be saved. B. BUILDING ELEVATIONS AND FLOOR PLANS: four (4) copies for the second dwelling unit prepared on 24" x 36" sheets folded to 8 1/2" x 11" size. C. REDUCED LOCATION MAP: one (1) copy of 8 1/2" x 1 1" (suggested scale 200" - vicinity maps on the site plan are not acceptable). FRM0006 2/96 PAGE 1 OF 4 II. DOCUMENTS - h- 4 d A. The prospective rental rate for the second dwelling unit. (b50/ l"lf3 Pk d" B. Complete and sign the attached Affidavit of Compliance form for a second dwelling unit. W'' C. Disclosure statement. a''' D. Completed "Project DescriptionExplanation" sheet. I.d &/-wP@eJ E. Three pie of the Preliminary Title Report (current within the last six (6) months). F. Public Facilities Agreement: Two (2) copies: one (1) notarized original and one (1) reproduced COPY- III. OTHER REQUIREMENTS "J A. Prouerty Owner's List and Addressed Labels NOTE: WHEN THE APPLICATION IS TENTATIVELY SCHEDULED TO BE HEARD BY THE DECISION MAKING BODY, THE PROJECT PLANNER WILL CONTACT THE APPLICANT AND ADVISE HIM TO SUBMIT THE RADIUS MAP, TWO SETS OF THE PROPERTY OWNERS LIST AND LABELS. THE APPLICANT SHALL BE REQUIREIl TO SIGN A STATEMENT CERTIFYING THAT THE INFORMATION PROVIDED REPRESENTS THE LATEST EQUALIZED ASSESSMENT ROLLS FROM TRE SAn DIEGO COUNTY ASSESSOR'S OFFICE. THE PROJECT WILL NOT GO FORWARC UNTIL THIS INFORMATION IS RECEIVED. - A typewritten list of the names and addresses of all property owners within a 300 fool radius of subject property (including; the audicant and/or owner). The list shall include the San Diego County Assessor's parcel number from the latest assessment rolls. - Two (2) separate sets of mailing labels of the property owners within a 300 foot radius of the subject property. The list must be typed in all CAPITAL LETTERS, left justified, void of any punctuation. For any address other than a single family residence, an apartment or suite number must be included but Apt., Suite, and Bldg. # must NOT appear in the street address line. DO NOT TYPE ASSESSOR'S PARCEL NUMBER ON LABELS. DO NOT provide addressed envelopes -PROVIDE LABELS ONLY. Acceptable fonts are: Swiss 721, Enterprise TM, Courier New (IIT) no larger than 1 lpt. Sample labels are as follows: UNACCEPTABLE UNACCEPTABLE ACCEPTABLE Mrs. Jane Smith Mrs. Jane Smith MRS JANE SMITH 123 Magnolia Ave,. Apt #3 123 Magnolia Ave. APT #3 Carlsbad, CA 92008 Apt. #3 123 MAGNOLIA AVE Carlsbad, CA 92008 CARLSBAD CA 92008 7 B. 300 Foot Radius Map A map to scale not less than 1 I' = 200' showing each lot within 300 feet of exterior boundaries of the subject property. Each of these lots shall be consecutively numbered and correspond with the property owner's list. The scale of the map may be reduced to a scale acceptable to the Planning Director if the required scale is impractical. FRM0006 2/96 PAGE 2 OF 4 c - - CITY Ot. CARLSBAD - AFFKDAW OF COMPuIANCE FOR A SECOND DWELLING UNIT Instructions to Property Owner (Affiant): Please type or print complete and accurate answers in all blank spaces in Section I. Please read carefully, particularly Section XI. Please read, sign and date Section III indicating that you understand and agree with the conditions of compliance. SECTION I - INFORMATION Name(s) Property address: %so @Ily me Street Address O&&bd, (%* 92- City State Zip Code Assessor Parcel No: Subdivision: Tm 8-37 l or Name Lot/l3lock Parcel No. Project Number: CT 71-03 SECTION 11 - CONDITIONS FOR COMPLIANCE Please read carefully. 1. A second dwelling unit is an attached or detached dwelling unit which is located on the same lot as an existing owner-occupied single family detached dwelling unit and is: b. Occupied by one or more persons; and c. Subordinate to the main dwelling unit. 2. The Property Owner(s) listed above hereby certifies that helshe owns the above referenced property, as of the date of this affidavit, and to hisher belief and knowledge, there are no conditions, covenants or restrictions on the property prohibiting a second dwelling unit apartment. CITY OF CARLSBAD - AFFIDAVIT OF COMPLIANCE FOR A SECOND DWELLING UNIT 3. The Property Owner(s) agrees to the following terms and conditions: a. The property and residence referenced above must not contain a second residential dwelling unit unless it is in compliance with the second dwelling unit administrative permit provisions of the Zoning Ordinance of the City of Carlsbad. b. The Property Owner(s) shall reside in either the main dwelling unit or second dwelling unit described above, now, and for the life of this agreement. “Owner” shall include a lessee if the leasehold includes both the main dwelling unit and the second dwelling unit. c. The Second Dwelling Unit may only be rented and shall not be sold separately from the main dwelling unit, unless the lot on which such units are located is subdivided. d. The Property Owner(s) agree 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. e. A copy of this agreement and Afidavit must be given by the Property Owner(s) to prospective purchasers of the property prior to entering into a sales contract for said property. SECTION III - AFFIRMATION AND AGREEMENT I HEREBY DECLARE AND AFFIRM, under penalty of perjury, that all matters and facts set forth in this agreement are true and correct to the best of my knowledge, information and belief, and that I (we) understand, accept and will abide by the regulations, requirements, and standards governing the Second Dwelling Unit. BY: //aJ/qq er Date Owner’s Telephone Numbers: 17&9 714 ~(uq 7a7-mo Home Ofice FRM0006 2/96 PAGE 4 OF 4 ~~ ~~~