1990-16
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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
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(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
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6.
7.
8.
9.
10.
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11.
12.
13.
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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
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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
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CHARL S DU VIVIER, Chairman of the
Olivenhain community
Advisory Board
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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
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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
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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
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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