1991-14
A RESOLUTION OF NO. L-91-14
A RESOLUTION OF THE LEUCADIA COMMUNITY ADVISORY BOARD
CITY OF ENCINITAS, APPROVING
A MINOR USE PERMIT TO ALLOW
AN ACCESSORY APARTMENT
LOCATED AT 1605 GASCONY ROAD, LEUCADIA
(CASE NUMBER 91-077 MIN)
WHEREAS, a request for consideration of a Minor Use Permit was
filed by Terry and Sandi Malone to allow an accessory apartment, as
per section 30.48.040W and Chapter 30.74 Use Permits of the City of
Encinitas Municipal/Zoning Codes, for the property located at 1605
Gascony Road, Leucadia, legally described as;
That portion of Lot 5 of CREST ACRES, in the County of San
Diego, State of California, according to the Map thereof No.
2019, filed in the Office of the County Recorder of San Diego
County, May 3, 1927, described as follows:
Beginning at a point in the Westerly line of said Lot 5,
distant thereon North 18°27'40" West 70.00 feet from the
Southwesterly corner of said Lot 5; thence along the said
Westerly lot line, North 18°27'40" West 75.00 feet; thence
North 83°28'40" East 373.88 feet to the Easterly line of said
Lot 5; thence along said Easterly lot line, South 6°31'20"
East 73.38 feet to a line which bears North 83°28'40" East
from the POINT OF BEGINNING; thence South 83°28'40" West
358.36 feet to the POINT OF BEGINNING.
WHEREAS, a public hearing was conducted on the application on
June 6, 1991; and
WHEREAS, the Leucadia Community Advisory Board considered:
1. The staff report dated May 31, 1991;
2. The General Plan, Local Coastal Program, Zoning Code and
maps;
3. Oral evidence submitted at the hearing;
4. written evidence submitted at the hearing; and
5. The site plan, elevations and floor plans dated April 29,
1991.
l MB/04/CRO9-818wp511(6-20-91/1)
WHEREAS, the Leucadia Community Advisory Board made the
following findings:
1. 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;
b. The suitability of the site for the type and
intensity of use or development which is proposed; and
c. The harmful effect, if any, upon environmental
quality and natural resources of the city.
2. The impacts of the proposed project will not adversely
affect the policies of the Encinitas General Plan or the
provisions of this code.
3. The project complies with all other regulations,
conditions or policies imposed by this code.
Evidence: Public services and facilities are currently
available for the proposed project. The applicant currently
has an existing water meter, therefore an additional water
meter is not necessary. Both the main residence and accessory
apartment will utilize one upgraded water meter.
The project is located in the RR-2 zone. This zone allows for
accessory apartments with a Minor Use Permit. The project
itself has the appearance of a two-story single family
residence; as the accessory apartment is set back 155 feet
from the front property line. In addition, the applicant is
proposing to add a second story to the primary residence which
will block all but a small portion of the accessory apartment
from street view.
There are no known impacts that would adversely affect the
policies of the General Plan or the zoning code provisions.
The proposed use is compatible with the land use map
designation and zoning map designation for a residential zone.
Further, the project imposed by the Municipal Code.
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NOW, THEREFORE, BE IT RESOLVED by the Leucadia Community
Advisory Board of the City of Encinitas that:
This project was found to be exempt from environmental review,
pursuant to section 15303, Class a of CEQA.
BE IT FURTHER RESOLVED that the Minor Use Permit is approved
subject to the following conditions:
1. The occupant of the accessory apartment shall be elderly
(62 years of age or older), handicapped as def ined by
section 50072 of the State Health and Safety Code, or a
family member (related by blood, marriage, or adoption);
2. Off-street parking shall be provided pursuant to the
parking regulations, except that accessory apartment
parking may be permitted in the front or exterior side
yard. Garage conversions are prohibited unless
replacement covered off-street parking is provided
concurrently.
3. The separate sale or ownership of the accessary apartment
form the primary dwelling on a lot or parcel is
prohibited.
4. 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
provision stating that the Code Enforcement Officer may
inspect the property in order to verify occupancy.
5. Prior to issuance or 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.
6. 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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7. Any rental of the accessory apartment other than
specified herein (to elderly persons of 62 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.
8 This approval will expire on June 6,1992, one year after
the approval of this project unless the conditions have
been met, an extension has been approved by the
Authorized Agency, or Building Permits have been issued;
9. This approval may be appealed to the authorized agency
within 15 calendar days from the date of this approval;
10. At all times during the effective period of this permit,
the applicant shall obtain and maintain in valid force
and effect, each and every license and permit required by
a governmental agency for the operation of the authorized
activity;
11. At no time during the effective period of this permit
shall the applicant be delinquent in the payment of taxes
or other lawful assessments relating to the property
which is the subject of this permit;
12. In the event that any of the conditions of this permit
are not satisfied, the Planning Department shall cause a
noticed hearing to be set before the authorized agency to
determine why the City of Encinitas should not revoke
this permit;
13. Upon a showing of compelling public necessity
demonstrated at a noticed hearing, the city of Encinitas,
acting through the authorized agency, may add, amend, or
delete conditions and regulations contained in this
permit;
14. Nothing in this permit shall relieve the applicant from
complying with the conditions and regulations generally
imposed upon activities similar in nature to the activity
authorized by this permit;
15. Nothing in this permit shall authorize the applicant to
intensify the authorized activity beyond that which is
specifically described in this permit;
16. Approval of this request shall not waive compliance with
any sections of the zoning code and all other applicable
City Ordinances in effect at the time of Building Permit
issuance unless specifically waived herein;
MB/04/CRO9-818wp51 4(6-20-91/1)
17. The applicant shall comply with the latest adopted
Uniform Building Code, Uniform Mechanical Code, Uniform
Plumbing Code, National Electric Code, Uniform Fire Code,
and all other applicable codes and ordinances in effect
at the time of building permit issuance if applicable;
18. Permits or findings of exemption shall be obtained from
the state Coastal Commission and any other applicable
Government agency.
19. Address numbers shall be clearly visible from the street
fronting the structure. 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.
20. Accessory apartment and garage shall be. protected by
automatic fire sprinkler systems. Sprinkler systems
shall be installed to the satisfaction of the Encinitas
Fire Protection District.
21. Prior to final recordation, the applicant shall submit 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
District.
22. The developer shall obtain a grading permit, if
applicable, prior to the commencement of any clearing or
grading of the site.
23. The grading for this project is defined in Chapter 23.24
of the Encinitas Municipal Code. Grading shall be
performed under the observation of a civil engineer whose
responsibility it shall be to coordinate site inspection
and testing to ensure compliance of the work with the
approved grading plan, submit required reports to the
City Engineer and verify compliance with Chapter 23.24 of
the Encinitas Municipal Code.
24. No grading shall occur outside the limits of the
(SUBDIVISION/PROJECT) unless a letter of permission is
obtained from the owners of the affected properties.
25. A soils/geological/hydraulic report (as applicable) shall
be prepared by a qualified engineer licensed by the State
of California to perform such work at first submittal of
a grading plan.
MB/04/CRO9-818wp51 5(6-20-91/1)
26. A drainage system capable of handling and disposing of
all surface water originating within the project and all
surface waters that may flow onto the project from
adjacent lands, shall be required. said drainage system
shall include any easements and structures as required by
the city Engineer to properly handle the drainage.
27. Concentrated flows across driveways and/or sidewalks
shall not be permitted.
street Conditions
28. Applicant will dedicate 8' right-of-way (28' from center
line) for Gascony Road, and sign a covenant agreeing not
to oppose the formation of an Assessment District.
29. Reciprocal access and maintenance and/ or agreements shall
be provided ensuring access to all parcels over private
roads, drives or parking areas and maintenance thereof to
the satisfaction of the Director of Public Works.
utilities
30. The developer shall comply with all the rules,
regulations and design requirements of the respective
utility agencies regarding services to the project.
31. The developer shall be responsible for coordination with
S.D.G. & E., Pacific Telephone, and Cable TV authorities.
PASSED AND ADOPTED this 6th day of June, 1991, by the
following vote, to wit:
AYES: Boardmembers Jacobson, Allen, Eldon, Buck and Gilholm
NAYS: None
ABSENT: None
ABSTAIN: None
ALICE JACOBSON,
of the Leucadia
Advisory Board
ATTEST:
Diane S. Langager
Acting Assistant Planner
MB/04/CRO9-818wp51 6(6-20-91/1)