1992-011CITY OF ENCINITAS
COMMUNITY DEVELOPMENT DEPARTMENT
527 Encinitas Blvd.
Encinitas, CA 92024
(619) 944-5060
NOTICE OF DECISION
DCD-92-011
August 25, 1992
This letter is to inform you that the Director of Community
Development has approved your application for:
92-091 MIN (Leslie Binder)- Minor Use Permit Request for a
600 Square Foot Accessory Apartment Within an Existing
Detached Structure for Property Located at 902 Summer Holly
Lane (Olivenhain). This approval is subject to the following
conditions:
1. This approval may be appealed to the City Council within 15
calendar days from the date of this approval. Appeals are
processed in accordance with Chapter 1.12 of the Municipal
code and require a $100.00 submittal fee.
2. The approved Accessory Apartment shall conform to the plans
submitted to the City and dated received on May 20, 1992; and
shall not be modified without prior city approval.
3. Prior to occupancy of the approved Accessory Apartment, the
property owner shall cause to be recorded a covenant regarding
real property which sets forth this grant of approval. The
covenant shall be in form and content satisfactory to the
Director of Community Development. The covenant shall require
the following provisions be adhered to by all owners, present
and future, of the subject property:
(a) The Accessory Apartment shall not be expanded beyond
640 square feet or as may be provided by the Municipal
Code.
(b) One of the dwelling units on the property shall be
occupied by the property owner. The dwelling unit not
occupied by the property owner shall only be occupied by
person(s) that qualify as elderly, handicapped, or
immediate family members related by blood, marriage or
adoption); or as may be provided by the Municipal Code.
(c) The current property owner, and all future owners,
shall file with the Community Development Department an
Affidavit of Occupancy agreeing to the Accessory
Apartment occupancy requirements as stated in 3(b) above.
The Affidavit shall include provisions stating that (1)
the owner consents to reasonable inspections by the
City's Code Enforcement Officer in order to verify
occupancy, and (2) that the owner shall furnish a new
affidavit to said officer on the occasion of changes in
ownership and/or occupancy and upon request.
4. An application for a building permit, as required by Condition
6 A, and any other permit required for the Accessory Apartment
shall be made within the time period specified in Condition 6
A, or as may be required by other concerned agencies. If the
construction of the Accessory Apartment has not started within
the time period specified in the Uniform Building Code, and is
not diligently pursued thereafter, the Use Permit shall be
deemed null and void. A final occupancy inspection signoff by
the Building Official shall cause this Minor Use Permit to be
vested.
5. FIRE PREVENTION DISTRICT: The owner shall contact the Fire
Prevention District regarding compliance with the following
conditions:
A. Address Numbers: 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 with their background color. The height
of numbers shall conform to Fire District standards.
Where structures are located off a roadway on long
driveways, a monument shall be placed at the entrance
where the driveway intersects the main roadway.
Permanent address numbers shall be displayed on this
monument.
B. Prior to Building Permit issuance, the applicant shall
submit to the Planning Department a letter from the Fire
District stating that all development impact, plan check
and/or cost recovery fees have been paid or secured to
the satisfaction of the Fire District.
C. Smoke detectors must be inspected by the Fire District
prior to Final Occupancy or, for existing structures,
within 30 days of the date of this approval.
6. BUILDING DEPARTMENT: The owner shall contact the City
Building Department regarding compliance with the following
conditions:
A. Complete "As Built" plans shall be submitted to the
Building Department for review within 30 days of the date
of this approval. A new permit is required to convert
the accessory structure to a dwelling unit.
B. A kitchen must be provided for the "Accessory Apartment"
to qualify as a dwelling unit. The. "As Built" plans
shall include the kitchen facilities.
This approval is based upon the following findings pursuant to
section 30.74.070 of the City of Encinitas Municipal Code:
A. The location, size, design or operating characteristics of the
proposed project will be compatible with and will not
adversely affect and will not be materially detrimental to
adjacent uses, residences, buildings, structures or natural
resources, with consideration given to, but not limited to:
1. The adequacy of public facilities, services and utilities
to serve the proposed project;
2. The suitability of the site for the type and intensity of
use or development which is proposed; and
3. The harmful effect, if any, upon environmental quality
and natural resources of the City;
FINDING: The project conforms in all aspects with the
development standards of the RR-2 Zoning District and all
public utilities and facilities necessary to conduct the
residential use currently exist to the site. The application
for the Minor Use Permit requests approval to legalize an
existing accessory structure that was converted to a dwelling
unit without benefit of Building Permits or approval of a
Minor Use Permit for an Accessory Apartment. The application
has demonstrated that ample parking is provided on-site within
a 3-car garage and on the driveway that accesses the garage as
required by Sections 30.54.030 A and 30.54.020 N (Parking
Standards) of the Municipal Code. Therefore, the Community
Development Department finds that the location, size, design
and/or operating characteristics of the Accessory Apartment
will be compatible with and will not adversely affect and will
not be materially detrimental to adjacent uses, residences,
buildings, structures or natural resources.
B. The impacts of the proposed project will not adversely affect
the policies of the Encinitas General Plan or the provisions
of the Municipal Code;
FINDING: No evidence has been submitted to indicate that any
policies of the General Plan or Municipal Code would be
adversely affected by the proposed Accessory Apartment. The
approval of the Minor Use Permit is permitted by Section
30.48.040W of the Zoning Ordinance since the square footage
does not exceed the maximum of 640 square feet permitted for
Accessory Apartments and the applicant has submitted an
"Affidavit" that the apartment will be occupied by a qualified
individual (Cousin by Marriage) in accordance with the
Municipal (Zoning) Code. All other development standards of
the RR-2 Zoning District are satisfied by the project design.
C. The project complies with all other regulations, conditions or
policies imposed by the Municipal Code.
FINDING: The Municipal (Zoning) Ordinance allows for Accessory
Apartments as an accessory use to a single family residence
upon issuance of a Minor Use Permit. The project conforms in
all other aspects with the Development Standards of the RR-2
Zoning District.
In accordance with the provisions of the Municipal Code, this
decision may be appealed to the City Council within fifteen (15)
calendar days of the date of this determination. This notice
constitutes a decision of the Community Development Department
only. Additional permits, including Building .Permits, may be
required by the Building Department or other City Departments. It
is the property owner's responsibility to obtain all necessary
permits required for the type of project proposed.
If you have any questions
contact Craig Olson at the
telephoning (619) 944-5060.
Peupehy4
regarding this determination, please
Community Development Department by
Community evelo ment Director