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)