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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. MB/04/CRO9-818wp51 2(6-20-91/1) 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. MB/04/CRO9-818wp51 3(6-20-91/1) 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)