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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