Loading...
1990-16 . 8 8 RESOLUTION NO. 90-16 A RESOLUTION OF THE OLIVENHAIN COMMUNITY ADVISORY BOARD APPROVING A MINOR USE PERMIT FOR AN ACCESSORY APARTMENT AT 471"E" STREET, OLIVENHAIN, CITY OF ENCINITAS (90-044-MIN) WHEREAS, Benjamin Anguiano, 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 5, and June 19, 1990, and all persons desiring to be heard were heard; and WHEREAS, evidence was submitted and considered to include without limitation: a. 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 (90-044-MIN) dated June 1, 1990, which is on file in the Department of Planning and Community Development; and Additional written documentation. b. c. d. e. NOW THEREFORE, BE IT RESOLVED by the Olivenhain Community Advisory Board of the City of Encinitas 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, since the residential use is allowed in the RR- 2 zone. 2. The location, size design or operating characteristics of the proposed project will not be incompatible with and will not adverse-Iy affect and will not be materially detrimental to adj aceni: uses, residences, buildings, structures or natural resources, with consideration given to, but not limited to: LN/CAB18-221wp 8 8 8 (a) The adequacy of public facilities, services and utilities to serve the proposed project, since public facilities and services are available, water is available, and the project site is presently on a septic system; (b) The suitability of the site for the type and intensity of use or development which is proposed, since accessory apartments are allowed in the RR-2 zone with a Minor Use Permit; 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, since the use is compatible with the land use map designation and the zoning map designations for a residential zone; and 4. The project will comply with all other regulations, conditions or policies imposed by this Code. BE IT FURTHER RESOLVED that the Minor Use Permit is approved subject to the following conditions: 1. 2. 3. 4. 5. 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); The structure shall maintain the character of a single family residential neighborhood. 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. LN/CAB18-221wp 8 6. 7. 8. 9. 10. 8 11. 12. 13. 8 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.) Notice of accessory apartment applications shall be given as provided in this code. The separate sale or ownership of the accessory apartment from the primary dwelling on a lot or parcel is prohibited. 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. 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. This approval is contingent upon verification from the Heal th Department submitted to the Department of Planning and Communi ty Development that there is an adequate septic system on site to handle the addition of the accessory apartment. LN/CAB18-221Wp . , . PASSED AND ADOPTED following vote, to wit: this 19th day of by the June, 1990, Ayes: Boardmembers DuVivier, Trujillo, Perkins, and Johnson Nays: None Boardmember Wiegand Absent: Abstain: None ATTEST: ~:{~ CyØ~d r.; N AS. ILES, / Associate Planner LN/CAB18-221wp n ~ CHARL S DU VIVIER, Chairman of the Olivenhain community Advisory Board 8 8 8 AGREEMENT This agreement witnesseth: made this ~'fA day AtJq ()~ 1-, v ,9QO ~B9 of That Benjamin Anguiano the owners of hereinafter described real property: Address: 471 "E" street Post Office: Encinitas Zip Code: 92024 Subdivision Map Number: Assessor Parcel Number: 265-025-01 desires to construct an "Accessory Apartment" as defined by the City of Encinitas zoning Ordinance for the purpose of providing housing pursuant to section 30.48.040, W of said Zoning Ordinance. In consideration of the permission granted by the City of Encinitas, for Minor Use Permit 90-044-MIN dated June 19, 1990, Resolution Number OL-90-16, said accessory apartment will never be used as a dwelling unit unless a valid affidavit filed by the current owner is on file with the Department of Planning and Community Development attesting to the qualifications of the occupants of this property pursuant to the conditions set forth in section 30.48.040, W of the zoning ordinance, and as follows: The Accessory Apartment shall be restricted in size to not more than 640 square feet of floor area. The occupancy of shall be restricted to not more than two persons. One of the dwelling units on the same site shall be occupied by the owner. At least one of the occupants of the dwelling unit not occupied by the owner shall be either: (1) 60 years of age or older, (2) handicapped (as defined by section 50072 in the state Health and Safety Code), or (3) a member of the immediate family of the owner (related by blood, marriage or adoption). The owner hereby consents to inspection of the Accessory Apartment by the Codes Enforcement Officer for the purpose of verifying occupancy and shall furnish a new affidavit to said officer upon request. That this agreement shall run with the land and be a part of the general plan for the protection and benefit of all parties concerned, and that if the property should hereafter be conveyed to any other person, firm, or corporation that the instrument by means of which title or any interest in or to said real property, or parcel thereof is conveyed will contain a restriction limiting the use of the part of parcel so conveyed, or in the event of the LN/CAB18-22lwp 8 . 8 conveyance of the whole of said property hereinbefore described, then to use the whole of said property in keeping with this agreement. That if said agreement is violated at any time, action shall be taken by the City of Encinitas in accordance with provisions in the Municipal Code to revoke permission for use as herein stated. /3e~ ~ (Owner(s) Signature) STATE OF CALIFORNIA COUNTY OF SAN DIEGO On this 7"t;4. day of au-.~, 19 9 (), before me L. eø~ v. KILtLÇ-J&h , a Notary ~ and for said County, residing therein, duly commissioned and sworn, personally appeared /!J&J) o.w.~ h A^'9 LU 0: I'll:) ,known to me to be the person (s) described in and whose name(s) is (are) subscribed to the within instrument and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set by hand and affixed by Official Seal, at my office in +Ju c.j'¡'~ oj b.nCI111t/d, County of San Diego, State of California, the day anti year in this certificate first above written. 06~i'L£ '5nv 'dX3'WHO AN AJ.Ni\OJ œ:.ìrG NVS , ' ;¡,"~')J!:vo-onliJlld AIIY.lON ¡~ n JI\YA II VNO31 1\'38 W10blJO ~n«..) Y. ~~) Notary Public in nd for the County of San Diego, state of California. My commission expires ~I~ -~ ;3/~ /990. Filed in Clerks Office' 8 CFFIClAlSEAL , ';A LEONA V KAUFLIM -.: "NOTARY PU9LIC-CALIFORNIA J SAN DIEGO COUNTY MY COMM. E~P. AUG. 31.1990 LN/CAB18-221wp - 8 CITY OF ENCINITAS DEPARTMENT OF COMMUNITY DEVELOPMENT 527 Encinitas Boulevard, suite 100 Encinitas, California 92024 AFFIDAVIT OCCUPANCY OF ACCESSORY APARTMENT (Pursuant to section 30.48.040, W, of the City of Encinitas Zoning Ordinance) I/We declare that I am/we are aware of the provisions of the city of Encinitas zoning Ordinance relating to Accessory Apartments and requiring the filing of this Affidavit. I/We declare that I/we own and occupy the premises at: 171 eo: Aver1t!~) r:1I'rn;1cl S as my/our residence. principal I/We declare that the occupant (s) of the Accessory Apartment {'(Ìr ~ M~~~e: ~~~~ur home will be : and that occupant(s) is/are qualified by reason of . Age: I/We agree to , ' ~~~~ ~">r~Pr- - rn - \Qu) (}oNIf'r 5:5"'<7 ~í~)7tJ furnish supporting documents upon request. Handicap: Relationship: I/We agree to occupancy requirements and consent to verification inspection of the premises by the Code Enforcement Officer of the Department of Community Development. I/We acknowledge that these occupancy limitations run with the property during the life of the accessory apartment and will extend to any successor in interest. I/WE UNDERSTAND THAT THIS INFORMATION IS FOUND TO BE INCORRECT THAT ANY PERMIT ISSUED IN RELIANCE SHALL BE SUBJECT TO REVOCATION. EXECUTED AT , California (City/Area) 19 (Year) THIS DAY OF (Date) PROPERTY OWNER(S) (Month) 8 LN/CAB18-221wp . . . STATE OF CALIFORNIA) ) ss COUNTY OF SAN DIEGO) On August 7, 1990, before me, the undersigned, a Notary Public in and for said State, personally appeared Benjamin Anguiano, proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same. WITNESS my hand and official seal. ~--_.J /, ~ß_~ otary Public in a for said County and state ~. OFFICIAl. SEAL N&.r LEONA v KAUFLIN '~{;. NOTARY PUBLIC-CALIFOANI ~ ~~ SAN DIEGO COUNTY . MY~OMM. E~P. AUG. 31,1990 PL/ACK-ANGU