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1990-18 , . 8 RESOLUTION NO. NE-90-18 A RESOLUTION OF THE NEW ENCINITAS COMMUNITY ADVISORY BOARD APPROVING A MINOR USE PERMIT FOR AN ACCESSORY APARTMENT AND A DETACHED STORAGE BUILDING AT 1326 TENNIS CLUB DRIVE, CITY OF ENCINITAS (90-143-MIN) WHEREAS, Hajar Taaly, applied for a Minor Use permit for an accessory apartment and a detached storage building as per sections 30.48.040,W and 30.48.040,G & Chapter 30.74 Use Permits of the Municipal Code of the city of Encinitas; WHEREAS, a public hearing was conducted on the application by the New Encinitas Community Advisory Board on November 5, and December 3, 1990, and all persons desiring to be heard were heard~ - and WHEREAS, evidence was submitted and considered to include without limitation: a. site plan dated May 22, 1990 and received by the city of Encinitas on June 30, 1990, submitted by the applicant; b. written information submitted with the application; c. Oral testimony from staff, applicant, and public made a part of the record at said public hearing~ d. CAB staff reports (90-l43-MIN) dated November 1, and November 27, 1990, which are on file in the Department of Planning and Community Development~ and e. Additional written documentation. NOW THEREFORE, BE IT RESOLVED by the New Encinitas community Advisory Board of the city of Encinitas that the Minor Use permit is hereby approved subject to the following findings: 4 LN/CAB24-261wp r . 8 1. The land use and design proposed is consistent with the general plan, since the residential use is allowed in the R- 3 zone, and the accessory apartment and accessory storage areas do not result in a development pattern which is inconsistent with the neighborhood. 2. The location, size design or operating characteristics of the proposed project will not be incompatible 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: (a) The adequacy of public facilities, services and utilities to serve the proposed project, since public facilities and services are available~ (b) The suitability of the site for the type and intensity of use or development which is proposed, since accessory apartments and accessory storage areas are allowed in the R-3 zone with a Minor Use Permit. The design and intensity of development for the site do not result in an over-developed site; and (c) The harmful effect, if any, upon environmental quality 8 and natural resources of the city, since the development is occurring in an area suitable for development and not in an environmentally sensitive area; or 3. The impacts of the proposed proj ect will not adversely affect the policies of the existing Encinitas General Plan or the provisions of this Code, since the use is compatible with the land use map designation and the zoning map designations for a residential zone; and 4. The project as approved will comply with all other regulations, conditions or policies imposed by this Code. BE IT FURTHER RESOLVED that the Minor Use Permit is approved subject to the following conditions: Accessorv Apartment 1. The occupant of the accessory apartment shall be elderly (60 years of age or older), handicapped as defined by section 50072 of the state Health and Safety Code, or a family member (related by blood, marriage, or adoption) ; 8 LN/CAB24-26lwp tÞ 2. The structure shall maintain the character of a single family residential neighborhood. 3. Applicable building and other codes, and zoning requirements (including main building setbacks) shall apply to accessory apartments excluding density regulations. 4. Off-street parking is required and approved as shown on the site plan dated May 22,1990 and received by the city of Encinitas on June 30, 1990. Off-street parking is required to be provided pursuant to the parking regulations, except that accessory apartment parking may be permitted in the front or exterior side yard. 5. Dwellings modified in conjunction with an accessory apartment shall, on sides adjacent to streets, retain the appearance of a single detached dwelling. 6. Accessory apartments shall not be permitted on a lot or parcel having guest living quarters or accessory living quarters. 7. The separate sale or ownership of the accessory apartment from the primary dwelling on a lot or parcel is 4IÞ prohibited. 8. On a form provided by the Department of Planning and Community Development the property owners shall file a signed affidavit agreeing to accessory apartment occupancy requirements. The affidavit shall include provisions stating that a) the owner consents to inspection of the premises by the Code Enforcement Officer with one day advance notice, in order to verify occupancy, and b) that the owner shall furnish a new affidavit to said officer upon request. 9. Prior to issuance of a building permit for an accessory apartment the property owner shall submit a notarized recorded copy of an agreement between the owner and the City of Encinitas on a form provided by the Department of Planning and community Development. Said agreement shall be filed with and become a permanent part of the Minor Use Permit which granted the accessory apartment. 10. On a form provided by the Department of Planning and Community Development, subsequent owners shall be required to file an affidavit to establish eligibility before occupying the second dwelling unit on said property. tÞ LN/CAB24-261wp - 8 11. Any rental of the accessory apartment or storage structure other than specified herein (to elderly persons of 60 years of age or older, handicapped persons as defined by Section 50072 of the State Health and Safety Code, and family members related by blood, marriage or adoption) shall be prohibited. 12. This approval is contingent upon verification from the Health Department or Cardiff Sanitation submitted to the Department of Planning and Community Development that there is an adequate septic system or sewer system on site to handle the addition of the accessory apartment. 13. The storage area proposed attached to the Accessory Apartment shall be accessed from the outside and not through the apartment, and shall be limited to 372 square feet of storage area not to be used as living quarters, and constructed as shown on the plans dated May 22, 1990 and received by the City of Encinitas on June 30, 1990. Detached Storaqe Buildinq and Trailer 14. The detached storage building on the south eastern portion of the site is approved to be 1000 square feet. -' The building shall be used for storage and is not allowed to be used for living quarters. Periodic inspection shall be conducted with one day prior notice of said inspection given by the Code Enforcement Officer to verify that the building has not been reconverted to living quarters. 15. The 1055 square feet of living space existing on the south side of the main dwelling and garage is approved to be attached to the main dwelling by a structural breezeway, and shall be considered as an extension of the main dwelling and not as separate living quarters. 16. The existing trailer on site may continue to be used as a resting place by the gardener while he is working on the site, as verified by the applicant, and shall not be allowed to be used for living quarters. Additional Conditions 17. The the life of the Minor Use Permit the City shall be allowed to inspect the premises for compliance with the Minor Use Permit conditions of approval upon one day prior notice of the scheduled inspection. 8 LN/CAB24-261wp 8 18. All existing code violations site shall be abated on withing 60 days or the building plans shall be submitted for building plan check to support the Minor Use Permit approved herein, within the same 60 days. If the violations are abated within the 60 days, building permits and any other permits required for the construction of the project approved herein shall be obtained within two years from the date of approval. PASSED AND ADOPTED this 3rd day of December, 1990, by the following vote, to wit: Ayes: Boardmembers Patton, Quinn, Beck, and Grajek Nays: None Absent: Boardmember white Abstain: None 8 r~~~ ANNE PATTON, ChaJ.rman of the New Encinitas community ATTEST: Advisory Board 8 LN/CAB24-26lwp , 8 CITY OF ENCINITAS DEPARTMENT OF COMMUNITY DEVELOPMENT 527 Encinitas Boulevard, suite 100 Encinitas, California 92024 AFFIDAVIT OCCUPANCY OF ACCESSORY APARTMENT (Pursuant to Section 30.48.040, W, of the City of Encinitas Zoning Ordinance) I/We declare that I àm/we are aware of the provisions of the City of Encinitas Zoning Ordinance relating to Accessory Apartments and requiring the filing of this Affidavit. I/We declare that I/we own and occupy the premises at: as my/our principal residence. I/We declare that the occupant(s) of the Accessory Apartment attached to my/our home will be : and that occupant(s) is/are qualified by reason of Age: 8 Handicap: Relationship: I/We agree to furnish supporting documents upon request. I/We agree to occupancy requirements and consent to verification inspection of the premises by the Code Enforcement Officer of the Department of Community Development. I/We acknowledge that these occupancy limitations run with the property during the life of the accessory apartment and will extend to any successor in interest. I/WE UNDERSTAND THAT THIS INFORMATION IS FOUND TO BE INCORRECT THAT ANY PERMIT ISSUED IN RELIANCE SHALL BE SUBJECT TO REVOCATION. EXECUTED AT , California (City/Area) THIS DAY OF 19 . (Date) (Month) (Year) PROPERTY OWNER(S) 8 LN/CAB24-261wp , 8 AGREEMENT This agreement made this day of , 1989 witnesseth: That Hajar Taaly the owner of hereinafter described real property: Address: 1326 Tennis Club Drive Post Office: Encinitas Zip Code: 92024 Subdivision Map Number: N/A Assessor Parcel Number: desires to construct an "Accessory Apartment" as defined by the city of Encinitas Zoning Ordinance for the purpose of providing housing pursuant to section 30.48.040, W of said Zoning Ordinance. In consideration of the permission granted by the City of Encinitas, for Minor Use Permit 90-143-MIN dated December 3, 1990, Resolution Number NE-90- , said accessory apartment will never be used as a dwelling unit unless a valid affidavit filed by the current owner is on file with the Department of Planning and Community Development attesting to the qualifications of the 8 occupants of this property pursuant to the conditions set forth in section 30.48.040, W of the zoning ordinance, and as follows: The Accessory Apartment shall be restricted in size to not more than 640 square feet of floor area. The occupancy of said Accessory Apartment shall be restricted to not more than two persons. One of the dwelling units on the same site shall be occupied by the owner. At least one of the occupants of the dwelling unit not occupied by the owner shall be either: (1) 60 years of age or older, (2) handicapped (as defined by section 50072 in the State Health and Safety Code), or (3) a member of the immediate family of the owner (related by blood, marriage or adoption). The owner hereby consents to inspection of the Accessory Apartment by the Codes Enforcement Officer for the purpose of verifying occupancy and shall furnish a new affidavit to said officer upon request. That this agreement shall run with the land and be a part of the general plan for the protection and benefit of all parties concerned, and that if the property should hereafter be conveyed to any other person, firm, or corporation that the instrument by means of which title or any interest in or to said real property, or parcel thereof is conveyed will contain a restriction limiting the use of the part of parcel so conveyed, or in the event of the 8 LN/CAB24-26lwp ~ 8 conveyance of the whole of said property hereinbefore described, then to use the whole of said property in keeping with this agreement. That if said agreement is violated at any time, action shall be taken by the City of Encinitas in accordance with provisions in the Municipal Code to revoke permission for use as herein stated. (Owner(s) Signature) STATE OF CALIFORNIA COUNTY OF SAN DIEGO On this day of ,19, before me , a Notary Public in and for said County, residing therein, duly commissioned and sworn, personally appeared Hajar Taaly, known to me to be the person(s) described in and whose name(s) is (are) subscribed to the within instrument and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set by hand and affixed by Official Seal, at my office in , County of San Diego, State of California, the day and year in this certificate first above written. 8 Notary Public in and for the County of San Diego, state of California. My commission expires Filed in Clerks Office ~ LN/CAB24-261wp