1989-07
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RESOLUTION NO. OL- lQq - 0O1
A RESOLUTION OF THE OLIVENHAIN
COMMUNITY ADVISORY BOARD APPROVING A
MINOR USE PERMIT FOR AN ACCESSORY APARTMENT
AT 3015 LONE JACK ROAD, OLIVENHAI~
CITY OF ENCINITAS
(89-074-MIN)
WHEREAS,
Dr.
and Mrs.
Bobbitt applied for a Minor Use
permit for
an accessory apartment as per Section 30.48.040,W &
Chapter 30.74 Use Permits of the Municipal Code of the City of
Encinitas;
WHEREAS, a public hearing was conducted on the application
by the Olivenhain Community Advisory Board
on June 6,
1989,
and all persons desiring to be heard were heard; and
WHEREAS, evidence was submitted and considered to include
without limitation:
a.
b.
c.
Site plan submitted by the applicant;
Written information submitted with the application;
Oral testimony from staff, applicant, and public made
a part of the record at said public hearing;
CAB staff report (89-074-MIN) dated May 30, 1989,
which is on file in the Department of Planning and
Community Development; and
Additional written documentation.
d.
e.
NOW THEREFORE, BE IT RESOLVED by the Olivenhain Community
Advisory Board of the City of Encini tas
that the Minor Use
permit is hereby approved subject to the following findings:
1. The land use and design proposed is consistent with
the general plan.
2. The location, size design or
of the proposed project will not
will not adversely affect and
detrimental to adjacent uses,
structures or natural resources,
to, but not limited to:
operating characteristics
be incompatible with and
will not be materially
residences, buildings,
with consideration given
(a)
The adequacy of public facilities, services
utilities to serve the proposed project;
and
LN/CABlle-l08wp (5-30-89)
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approved
.
4.
5.
6.
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(b)
The suitability of the site for the type and
intensi ty of use or development which is proposed;
and
(c)
The harmful effect, if any, upon environmental
quality and natural resources of the City; or
3. The impacts of the proposed project will not adversely
affect the policies of the existing Encinitas General Plan
or the provisions of this Code; and
4. The project complies with all other
conditions or policies imposed by this Code.
regulations,
5. The proj ect is of a temporary nature and in no way
alters the findings and permitted uses approved in Major
Use Permit P79-126 for the opertion of a public horse
ranch.
BE
IT
FURTHER
RESOLVED
that
the
Minor
Use
Permit
is
subject to the following conditions:
1.
The occupant of the accessory apartment shall be
elderly (60 years of age or older), handicapped as
defined by Section 50072 of the State Health and
Safety Code, or a family member (related by blood,
marriage, or adoption);
2.
The structure shall maintain the character
single family residential neighborhood.
a
of
3.
Applicable building and other codes, and zoning
requirements (including main building setbacks) shall
apply to accessory apartments excluding density
regulations.
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.
Dwellings modified in conjunction with an accessory
apartment shall, on sides adjacent to streets, retain
the appearance of a single detached dwelling.
Accessory apartments shall not be permitted on a lot
or parcel having guest living quarters or accessory
living quarters. (Conversion of suchj quarters into
an accessory apartment is permitted provided all
zoning and structural requirements are met.)
LN/CABlle-lO8wp (5-30-89)
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11.
12.
7.
Notice of accessory apartment applications shall be
given as provided in this code.
8.
The separate sale or ownership of the accessory
apartment from the primary dwelling on a lot or
parcel is prohibited.
9.
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
provisions stating that a) the owner consents to
inspection of the premises by the Code Enforcement
Officer in order to verify occupancy, and b) that the
owner shall furnish a new affidavit to said officer
upon request.
10.
Prior to issuance of 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.
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.
Any rental of the accessory apartment other than
specified herein (to elderly persons of 60 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.
LNjCAB11e-108wp (5-30-89)
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PASSED AND ADOPTED this
following vote, to wit:
Ayes:
Nays:
Absent:
Abstain:
ATTEST:
LINDA S. NILES,
Associate Planner
LNjCAB11e-108wp (5-30-89)
6th day of June,
1989,
by the
JOSEPH STUMPF, Chairman of the
Olivenhain Community
Advisory Board