1990-18
,
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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:
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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.
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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.
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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
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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)
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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
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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
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