Loading...
1991-15 RESOLUTION NO. OE91-15 A RESOLUTION OF THE OLD ENCINZTAS COMMUNITY ADVISORY BOARD APPROVING A MINOR USE PERMIT FOR A 720 SQ FT ACCESSORY APARTMENT TO BE CONSTRUCTED ABOVE A DETACHED 3-CAR GARAGE ON AN EXISTING 1.37 ACRE LOT IN THE RR-2 ZONE FOR PROPERTY LOCATED AT 203 SWEET ALICE LANE (CASE NUMBER 91-131 MIN) WHEREAS, a request for consideration of a Minor Use Permit filed by Mr. James Kocher for a 720 sq ftaccessory apartment to be constructed above a 3-car garage on an existing 1.37 acre lot in the RR-2 zone per Chapter 30.74 of the City of Encinitas Municipal Code, for the property located at 203 Sweet Al ice Lane legally described as: A portion of the southwest quarter of the southwest quarter of the northwest quarter of Section 14, Township 13S, Range 4W. WHEREAS, a public hearing was conducted on the application on August 29, 1991; WHEREAS, the Community Advisory Board considered: 1. The staff report dated August 20, 1991; 2. The application, site plan, floor plan and elevations dated received July 18, 1991 submitted by the applicant; 3. Statement of Justification submitted by the applicant; 4. Oral evidence submitted at the hearing; 5. written evidence submitted at the hearing; and WHEREAS, the Old Encinitas Community Advisory Board made the following findings pursuant to Chapter 30.74 of the Encinitas Municipal Code: (SEE ATTACHMENT II A ") NOW, THEREFORE, BE IT RESOLVED by the Old Encinitas Community Advisory Board of the City of Encinitas that application 91-131 MIN is hereby approved subject to the following conditions: (SEE ATTACHMENT "B") BE IT FURTHER RESOLVED by the Old Encini tas Community Advisory Board of the City of Encinitas that: This project was found to be exempt from environmental review under Section 15303 of the State CEQA Guidelines. MN\91131MIN.RES (8-20-91) 1 PASSED AND ADOPTED this 29th day of August, 1991, by the following vote, to wit: AYES:Cartwright, Cowen, Lewis, Steyaert NAYS: None ABSENT: Birnbaum ABSTAIN: None Vir inia Car right, C irperson of the 0 d Encinitas Community ~ ---;:;:::- ~ ~ Advisory Board Tom Curriden Associate Planner MN\91131MIN.RES (8-20-91) 2 ATTACHMENT "A" Resolution No. OE91-15 Case No. 91-131 MIN Findings for a Minor Use Permit: The following findings must be made by the authorized agency to warrant approval of the Minor Use Permit in accordance with section 30.74.070 of the Municipal Code: 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; Evidence: The Board finds that the proposed accessory apartment is minor in nature and is compatible with the rural character of the surrounding neighborhood. All public utilities are provided on-site and no additional services will need to. be provided. There is an existing graded pad available for the detached garage and accessory apartment and no negative impacts on the environment has been identified. 2. The impacts of the proposed project will not adversely affect the policies of the Encinitas General Plan or the provisions of this Code. Evidence: The Board finds that this proposal is consistent with the Municipal Code and the policies of the General Plan which explicitly provide for accessory apartments. The accessory apartment will provide an additional affordable housing opportunity as encouraged within the Housing Element of the General Plan. 3. The project complies with all other regulations, conditions or policies imposed by this Code. MN\91131MIN.ATA (8-20-91) 3 Evidence: The Board finds that the proposed accessory apartment conforms with all regulations within the Municipal Code including building setbacks, height, parking requirements and lot coverage. The project is conditioned to require that the accessory apartment be rented to qualifying members in accordance with Section 30.48.040 W of the Encinitas Municipal Code. MN\91131MIN.ATA (8-20-91) 3 STANDARD CONDITIONS ATTACHMENT "B" Applicant: James Kocher Case No.: 91-131 MIN Subject: Minor Use Permit for 720 sq. ft. accessory apartment to be constructed above a 720 sq. ft. detached garage on a 1.37 acre lot in the RR-2 Zone. Location: 203 Sweet Alice Lane I. SPECIFIC CONDITIONS: 1. Applicable building and other codes, and zoning requirements (including main building setbacks) shall apply to accessory apartments excluding density regulations. 2. One of the dwelling units shall be occupied by the property owner. The dwelling unit not occupied by the owner shall only be occupied by person(s) that qualify as elderly, handicapped, or immediate family members. 3. Separate sale or ownership of accessory apartment from the primary dwelling on a lot or parcel is prohibited. 4. 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 shall furnish a new affidavit to said officer upon request. 5. Prior to issuance of a building permit for an accessory apartment the owner shall submit a notarized recorded copy of an agreement between the owner and the City of Encinitas on a form supplied 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. MN/03/PF5-350wp51 (8-22-91) 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. Per Zoning Code Chapter 30.48.040, Accessory Use Regulations in Residential and Agricultural Zones. 7. Two 15 gallon Queen Palms shall be planted on the north side of the accessory apartment between the easement road and the structure. 8. ACCESS ROADWAYS: The clear and unobstructed paved width of a fire access roadway shall not be less than twenty- four (24') feet. EXCEPTION: A roadway providing access to a single family residence shall not be less than sixteen (16') feet in paved width. 9. ADDRESS NUMBERS: Address numbers shall be clearly visible from the street fronting the structure. The 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. 10. AUTOMATIC FIRE SPRINKLER SYSTEM: Structure(s) shall be protected by an automatic fire sprinkler system. Sprinkler systems shall be installed to the satisfaction of the Fire District. 11. RECORDATION: Prior to final recordation or development approval, 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. II. STANDARD CONDITIONS: GENERAL CONDITIONS 1. This approval will expire in two years, on August 29, 1993 at 5:00 p.m. unless the conditions have been met or an extension has been approved by the authorized agency. 2. This approval may be appealed to the authorized agency within 15 calendar days from the date of this approval. MN/03/PF5-350wp51 (8-22-91) 3. Approval of this request shall not waive compliance with any sections of the Zoning Development Code and all other applicable City Ordinances in effect at the time of Building Permit issuance unless specifically waived here. 4. Permits from other agencies will be required as follows: a. Coastal Commission 5. Project is approved as evidenced by the plot plan dated received by the City of Encinitas on July 18, 1991 and signed by a City official as approved by the Old Encinitas Community Advisory Board on August 29,1991 and shall not be altered without Planning and Community Development department review and approval. 6. In the event that any of the conditions of this permit are not satisfied, the Planning and Community Development department shall cause a noticed hearing to be set before the authorized agency to determine why the City of Encinitas should not revoke this approval. 7. Upon a showing of compelling public necessity demonstrated at a noticed hearing, the City of Encinitas, acting through the authorized agency, any add, amend, or delete conditions and regulations contained in this permit. 8. Nothing in this permit shall authorize the applicant to intensify the authorized activity beyond that which is specifically described in this permit. MN/03/PF5-350wp51 (8-22-91)