HomeMy WebLinkAboutSDU 99-10; Rancho Carrillo Village K Lot 68; Second Dwelling Unit (SDU) (9)c rn
Planning
Hofman Planning
Project Management Fiscal Analysis
November 5, 1999
Gary Wayne
City of Carlsbad
2075 Las Palmas Drive
Carlsbad, CA 92008
SUBJECT: RANCHO CARRILLO -VILLAGE K SECOND DWELLING UNITS
Dear Gary:
The purpose of this letter is to clarify the findings on the attached approval letter for
a second dwelling unit in Village K which addresses the rental requirement of the
second dwelling units in Rancho Carrillo. Finding 4A states:
“Pursuant to attachment “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, adjusted for household size, at 80%
of the San Diego County median income.”
As this finding reads, “the owner/applicant agrees to rent the second dwelling unit”,
is misleading in that it appears that it is a requirement for the owner/applicant to rent
the unit at all times. Section 21.10.015 (3)(J) ofthe Carlsbad Municipal Code begins
“The second dwelling unit may be rented...“, making it clear that the owner/applicant
has a choice as to whether or not they wish to rent the unit. Based on this section,
the above referenced finding should read as follows to accurately reflect the intent
of Section 21.10.01 5 (3)(J) of the Carlsbad Municipal Code:
“Pursuant to attachment “A”: The owner/applicant is not required to
rent the second dwelling unit. However, if rented, 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, adjusted for household size,
at 80% of the San Diego County median income.”
There is also need for clarification on Finding 4C which states:
“Pursuant to attachment “A”: The owner agrees to continually occupy either
the primary dwelling unit or the second dwelling unit. For the purposes of
5900 Pasteur Court Suite 150 Carlsbad CA 92008 (760) 438-1465 Fax: (760) 438-2443
~~
this requirement, a lessee shall also be considered an owner if the
leasehold includes both the main dwelling unit and second dwelling
unit. The lessee, at their discretion, may sub-lease the second unit.
The findings and conditions of approval for all future Second Dwelling Unit permits
should be worded as suggested above. This would alleviate a lot of confusion and
apprehension on the part of people purchasing homes with Second Units. I realize
that this wording may not reflect the exact wording of the Second Unit Ordinance,
however, I believe it would be easier for the average person to understand.
It is not the intent of any of the developers in Rancho Carrillo to get around their
lnclusionary requirement or rent the Second Units for more money than allowed by
the Second Unit Ordinance. However, the findings of approval are misleading and
do not accurately reflect the requirements of the Municipal Code. This has led to
some confusion on the part of people purchasing homes with Second Units as to
what they can and can not do. It has created some significant problems in the
marketing of these units. This confusion could be resolved if you could sign below
agreeing that the information in this letter accurately reflects the requirements of the
Carlsbad Municipal Code in regards to the requirements for the rental of Second
Units and occupancy requirements for homes with Second Units.
Please call me at 760-438-1465 if you disagree with any of the above statements
or have any questions. Your cooperation in cleaning up this matter is greatly
appreciated.
Sincerely,
Mike Howes
I agreeyih the-cpfntents of this letter
cc: Van Lynch
Dave Lother
attachments