1992-12
.-
. RESOLUTION NO. L 92-12
A RESOLUTION OF THE LEUCADIA COMMUNITY ADVISORY BOARD
APPROVING A KINOR USE PERMIT AND VARIANCE FOR AN
ACCESSORY APARTKENT TO EXCEED THE 640 SQ.FT.
FLOOR AREA LIKITATION BY 85 SQ.FT.
FOR PROPERTY LOCATED AT 1046 SIDONIA STREET
(CASE NUMBER 92-100 MIN/V; DORRIE ADESSA)
WHEREAS, a request for consideration of a Minor Use Permit and
Variance was filed by Dorrie Adessa to allow an Accessory Apartment
to exceed the maximum permitted floor area of 640 sq.ft. by 85
sq. ft., above an existing detached single family dwelling in
accordance with Chapters 30.74 and 30.78 of the City of Encinitas
Municipal Code, for property located 1046 Sidonia Street, legally
described as:
All that portion of Lot 20 of PASSIFLORA ACRES, in the County
of San Diego, State of California according to the Map thereof
No. 2355, filed in the Office of the County Recorder of San
. Diego County, September 27, 1946, as more particularly
described in the subject property title.
WHEREAS, a public hearing was conducted on the application on
July 9, 1992;
WHEREAS, the Community Advisory Board considered:
1. The staff report dated June 30, 1992;
2. The Minor Use Permit/Variance applications and Statement
of Justification submitted by the applicant dated
received June 2, 1992;
3. Site plans, floor plans, and elevations dated received
June 2, 1992 consisting of three sheets;
4. Oral evidence submitted at the hearing;
5. written evidence submitted at the hearing; and
WHEREAS, the Leucadia Community Advisory Board made the following
findings pursuant to Chapters 30.74 and 30.78 of the Encinitas
. CD/92-100 MIN/V (6-30-92) 1
-
. Municipal Code:
(SEE ATTACHMENT II A ")
NOW, THEREFORE, BE IT RESOLVED by the Leucadia Community Advisory
Board of the City of Encinitas that application 92-100 MINjV
is hereby approved subject to the following conditions:
(SEE ATTACHMENT "B")
BE IT FURTHER RESOLVED by the Leucadia Community Advisory Board of
the City of Encinitas that:
In the independent judgement of the CAB, this proj ect is found
exempt from Environmental Review under Section 15303 (a) of
the State CEQA guidelines.
PASSED AND ADOPTED this 9th day of July 1992, by the following
vote, to wit:
AYES: Allen, Buck, Cameron, Eldon, Fahlberg
. NAYS: None
ABSENT: None
ABSTAIN: None
.
~J~,7~V~
Melissa Allen
Chairperson of the Leucadia
Community Advisory Board
ATTEST:
I
¿ /
::...... /'2~v.Ç--..~(1r'~'"C"r:/1
Dïáne Langager) ,
Assistant Plç{]J.ií~/'
. CDj92-100 MINjV (6-30-92) 2
. ATTACHMENT "A"
FINDINGS
Resolution No. L 92-12
Case No. 92-100 MIN/V
Applicant: Dorrie Adessa
Case No. 92-100 MIN/V
Subject: Findings for a Minor Use Permit and Variance to
allow a second story Accessory Apartment to exceed
the 640 sq. ft. maximum floor area limitation by 85
sq. ft. for a total of 725 sq. ft.
Location: 1046 Sidonia Street
1. FINDINGS FOR A MINOR USE PERMIT:
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 adj acent 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.
Facts: The project proposes a second story Accessory
Apartment which would exceed the maximum 640 sq. ft. floor
area by 85 sq.ft. for a total of 725 sq.ft.
Discussion: The proposed Accessory Apartment would be
located above an existing one story single family
residence with access via an exterior stairway located
near the northeast corner of the property. The
California Environmental Quality Act exempts Accessory
Apartments from review under Section 15303 (a).
Conclusion: The Board finds that the proposed Accessory
Apartment will not be incompatible with surrounding land
uses or properties since the location of the proj ect will
appear as a second story addition. Impacts to adjacent
properties and developments is sufficiently buffered by
the rear and side yards of those properties and all
necessary services and utilities are in place to serve
the proj ect. No harmful effects upon environmental
quality or natural resources can be identified, and the
.
CD/92-100 MIN/V (6-30-92) 3
. proj ect is exempt from environmental review under section
15303 (a) of CEQA.
B. The impacts of the proposed project will not adversely
affect the policies of the Encinitas General Plan or the
provisions of this Code.
Facts: The project site is located in the R-3 Zone. The
primary single family residential use will continue, and
the Accessory Apartment will be utilized by a handicapped
member of the applicant's family.
Discussion: The single family residential use will
continue, and is explicitly permitted in the R-3 Zone.
Conclusion: The Board finds that the proposed Accessory
Apartment will not adversely impact any policies of the
General Plan.
C. The project complies with all other regulations,
conditions or policies imposed by this Code.
Facts: The proposed Accessory Apartment exceeds the
maximum permitted floor area of 640 sq.ft. by 85 sq.ft.
Discussion: The applicant has applied for a Variance
. from Section 30.48.04 OW of the Zoning Code. The findings
for the Variance are located in the following section.
Conclusion: with conditions of approval and with
approval of the Variance, the Board determines that the
subject proposal will comply with all other requirements
of this Code.
2. FINDINGS FOR A VARIANCE:
A. In reference to Municipal Code Section 30.78.030 (A), a
variance from the terms of the zoning regulations shall
be granted only when, because of the special
circumstances applicable to the property, including size,
shape, topography, location or surroundings, the strict
application of the zoning regulations deprives such
property of privileges enjoyed by other property in the
vicinity and under the same zoning classification.
Facts: The proposal is allow a second story Accessory
Apartment to exceed the 640 sq.ft. maximum floor area
limitation by 85 sq.ft.
Discussion: Accessory Apartments are permitted up to
1,200 sq.ft. pursuant to State Law. The City allows
. apartments of this size for the elderly as prescribed by
CD/92-100 MIN/V (6-30-92) 4
. state Law. The project was designed to fit above an
existing single family residence. Reducing the square
footage by 85 sq. ft. would require significant structural
alteration of the existing residence.
Conclusion: The Board finds that the size of the
accessory apartment, 725 sq. ft., may be permitted since
it is the most reasonable and less intensive development
option.
B. In reference to Municipal Code Section 30.78.024
(B), any variance granted shall be subject to such
conditions as will assure that the adjustment
thereby authorized will not constitute a grant of
special privileges inconsistent with the
limitations upon other properties in the same
vicinity and zone in which property is situated.
Facts: The subject property's square footage is 12,000
sq. ft., which is 2,500 sq. ft. less than the standard
14,500 sq. ft. for the R-3 Zone.
Discussion: The site has a relatively restrictive
building envelope which results from a substandard lot.
In addition, the present location and orientation of the
existing single family residence precludes the applicant
. from locating the Accessory Apartment in the rear yard.
The apartment could be located in the front of the lot,
however the appearance of the single family residential
neighborhood could be impacted. There appears to be no
other alternative but the second story design; therefore,
to best accommodate the Accessory Apartment an additional
85 sq. ft. above and beyond the 640 sq. ft. allowed by
Code is required to avoid significant structural changes
to the existing single family residence.
Conclusion: The Board finds that the approval of this
Variance request would not constitute a grant of special
privileges since the project site is constrained with a
relatively small building envelope due to lot size, and
the unusual orientation of the house on the site.
C. In reference to Municipal Code Section 30.78.024
(C), a variance will not be granted for a parcel
of property which authorizes a use or activity
which is not otherwise expressly authorized by the
zoning regulations governing the parcel of
property.
Facts: The subject site is zoned Residential-3 and the
proposed Accessory Apartment would maintain a residential
use.
. CD/92-100 MIN/V (6-30-92) 5
Conclusion: The Variance will not authorize a use or
4IÞ activity which is not otherwise expressly authorized by
the zoning regulations governing the parcel of property.
D. In reference to Municipal Code Section 30.78.024
(D), no variance shall be granted if the inability
to enjoy the privilege enjoyed by other property in
the vicinity and under identical zoning
classification:
1. Could be avoided by an alternate development
plan which would be of less significant impact to
the site and adjacent properties than the project
requiring a variance;
2. Is self-induced as a result of an action taken
by the property owner or the owner's predecessor;
3. Would allow such a degree of variation as to
consti tute a rezoning or other amendment to the
zoning code;
4. Would authorize or legalize the maintenance of
any public or private nuisance.
4IÞ 1. Facts: The project is located on a 12,000 sq. ft. lot,
2,500 sq.ft. less than the standard lot size of 14,500
sq. ft. for the R-3 Zone. There are two Possible
al ternate development plans: reduce the size of the
Accessory Apartment by 85 sq. ft. or; construct the
apartment in the front yard area.
Discussion: The project site is substandard in size.
Reducing the size of the Accessory Apartment may be
considered an unreasonable alternative since this option
would require extensive structural changes to the
existing single family residence. Locating the unit in
the front yard area would cause the project to lose the
appearance of a single family neighborhood.
Conclusion: The Board finds that the Variance request
could not reasonably be avoided by an alternate
development plan since the project as proposed would be
of less impact to the site since the constructing of a
640 sq.ft. Accessory Apartment would require extensive
remodeling, and constructing such an apartment at ground
level would change the character of the neighborhood.
The Board finds that the Variance is not self-induced
since existing site conditions (lot size and orientation)
results in a building envelope which is constrained and
limits development options when compared to other
4IÞ CD/92-100 MIN/V (6-30-92) 6
. standard size properties in the area. The Board finds
that this variance would not constitute a rezoning or
other amendment to the zoning code since the continuation
of a residential use would be consistent with the zoning
code. The Board finds that this variance would not
legalize the maintenance of any public or private
nU1sance.
.
. CD/92-100 MIN/V (6-30-92) 7
. ATTACHMENT "B"
CONDITIONS OF APPROVAL
Resolution No. L 92-12
Case No. 92-100 KIN/V
Applicant: Dorrie Adessa
Case No: 92-100 MIN/V
Subject: Conditions of approval for a Minor Use Permit and
Variance to allow an Accessory Apartment to exceed the
640 sq.ft. maximum floor area limitation by 85 sq.ft.
for a second story accessory apartment.
Location: 1046 Sidonia street
1. GENERAL CONDITIONS
A. Unless substantial construction has been completed in
reI iance upon this Variance approval wi thin one year, the
Variance approval will expire on July 9, 1993, and the
Minor Use Permit will expire on July 9,1994 at 5:00 p.m.
unless the conditions have been met or an extension has
been approved by the Authorized Agency.
. B. This approval may be appealed to the authorized agent
within 15 days from the date of this approval.
C. The project is approved as submitted and shall not be
altered without review and approval by the authorized
agency.
D. 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;
E. 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.
F. 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 submittal.
G. Permits from other agencies will be required as follows:
- California Coastal Commission
. CD/92-100 MIN/V (6-30-92) 8
. H. In the event that the conditions of this permit are not
satisfied, the Planning Department shall cause a noticed
hearing to be set before the Community Advisory Board to
determine why the City should not revoke this permit.
2. SPECIFIC CONDITIONS
A. Prior to issuance of building permits for the kitchen in
the Accessory Apartment, the applicant shall cause to be
recorded a covenant which limits the occupancy of the
Accessory Apartment to persons of 62 years of age or
older, handicapped persons, or immediate family members.
B. The development plans for building permit for subject
accessory apartment shall show conformance with parking
requirements. Specifically, that an additional parking
space be shown either in front of the existing garage or
in the front yard area.
C. One of the dwelling units shall be occupied by the
property owner. The dwelling unit not occupied by the
property owner shall be only occupied by persons meeting
the limitation as stated above in condition 2A.
D. Separate sale or ownership of accessory apartment from
. the primary dwelling on a lot or parcel is prohibited.
E. On a form provided by the Department of Planning and
Community Development, the owner shall file with the
application a signed affidavit agreeing to Accessory
Apartment occupancy requirements. The affidavit shall
include provisions stating that 1) the owner consents to
inspection of the premises by the Code Enforcement
Officer in order to verify occupancy and 2) that owner
furnish a new affidavit to said officer upon request.
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND
COMMUNITY DEVELOPMENT REGARDING COKPLIANCE WITH THE FOLLOWING
CONDITIONS:
1. SITE DEVELOPMENT
A. Prior to issuance of building permits, all appropriate
conditions of approval contained herein shall be
completed to the satisfaction of the Director of
Community Development. Other conditions shall be
satisfied prior to final inspection.
B. A plan shall be submitted for approval by the Director of
. Community Development and the Encinitas Fire Protection
CDj92-100 MINjV (6-30-92) 9
. District regarding the treatment of the site during the
construction phase, and the circulation and parking of
construction workers' vehicles and any heavy equipment
needed for the construction of the project.
C. All cost recovery fees associated with the processing of
the subject application shall be paid to the Department
of Community Development prior to the issuance of
building permits.
THESE ITEMS KUST BE COMPLETED PRIOR TO FINAL FIRE DISTRICT
APPROVAL. APPLICANT SHALL CONTACT THE ENCINITAS FIRE
PROTECTION DISTRICT REGARDING COMPLIANCE WITH THE FOLLOWING
CONDITIONS:
2. FIRE
A. Address numbers shall be clearly visible from the street
fronting the structure. Height of numbers shall conform
to Fire District Standards. Where structures are located
off a roadway on long driveways, a monument marker shall
be placed at the entrance where the driveway intersects
the main roadway. Permanent numbers shall be affixed to
this marker.
B. Prior to issuance of building permits, 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. All new structures and the existing garage shall be
protected by an automatic fire sprinkler system.
Sprinkler systems shall be installed to the satisfaction
of the Fire District.
APPLICANT SHALL CONTACT THE ENGINEERING DEPARTKENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
3. UTILITIES
A. The owner shall comply with all the rules, regulations
and design requirements of the respective utility
agencies regarding services to the project.
C. The owner shall be responsible for coordination with
S.D.G & E., Pacific Telephone, and Cable TV authorities.
D. All proposed utilities within the project shall be
installed underground including existing utilities unless
exempt by the Municipal Code.
. CD/92-100 MIN/V (6-30-92) 10