1991-16
.
.
.
RESOLUTION NO. OL-91-016
A RESOLUTION OF THE OLIVENHAIN
COMMUNITY ADVISORY BOARD APPROVING A
MINOR USE PERMIT FOR AN ACCESSORY APARTMENT
770 COLE RANCH ROAD, OLIVENHAIN
CITY OF ENCINITAS
(91-099-MIN; JOHN CONRAD)
WHEREAS, John Conrad, applied for a Minor Use permit for an
accessory apartment per Sections 30.48.040,W Accessory Apartments;
30.16.010,A
Single
and Chapter
30.74
Use
Family Residential;
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 August 20, 1991 and all
persons desiring to be heard were heard; and
WHEREAS, evidence was submitted and considered to include
without limitation:
a.
Blueline site plan (pg.1), floor plans (pg. 2), and
elevations (pg. 3) dated received by the City on July 10,
1991, 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 (91-099-MIN) dated August 5, 1991 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:
LN/44-340wp (8/5/91)
8
.
.
.
1. The land use and design proposed is consistent with the
general plan, since the residential use is allowed in the RR-2
zone, and the addition of the accessory apartment does not
result in a development pattern which is inconsistent with the
neighborhood.
2. The location, size design or operating characteristi~s 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, since public facilities
and services are available and are presently serving the
existing single family dwelling unit on the site;
(b)
The suitability of the site for the type and intensity of
use or development which is proposed, since accessory
apartments and accessory storage areas are allowed in the
RR-2 zone with a Minor Use Permit. The design and
intensity of development for the site does not result in
an over-developed site since the accessory apartment has
been designed into and is attached to the existing single
family dwelling on the site, and the project less than
half of the allowed lot coverage. (35% lot coverage is
allowed; the addition will bring the project to 15% lot
coverage after completion of the addition.)
(c)
The harmful effect, if any, upon environmental quality
and natural resources of the City, since the development
is occurring in an area suitable for development and not
in an environmentally sensitive area; 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 as approved 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 Accessory Apartment conditions:
LN/44-340wp (S/5/91)
9
.
.
.
Accessory Apartment
1.
The occupant of the accessory apartment shall be elderly
(62 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 of a single
family residential neighborhood.
3.
Applicable building and other codes, and zoning
requirements (including main building setbacks) shall
apply to accessory apartments excluding density
regulations.
4.
Off-street parking is required and approved as shown on
the site plan dated received by the City of Encinitas on
July 10, 1991. Off-street parking is required to be
provided pursuant to the parking regulations, except that
accessory apartment parking may be permitted in the front
or exterior side yard. Off-street parking for the
accessory apartment will be accomplished in the driveway
in front of the garage. This can be accomplished outside
the required 30' front yard setback.
5.
Dwellings modified in conjunction with an accessory
apartment shall, on sides adjacent to streets, retain the
appearance of a single detached dwelling.
6.
Accessory apartments shall not be permitted on a lot or
parcel having guest living quarters or accessory living
quarters.
7.
The separate sale or ownership of the accessory apartment
from the primary dwelling on a lot or parcel is
prohibited.
8.
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 aff idavi t shall include
provisions stating that a) the owner consents to
inspection of the premises by the Code Enforcement
Officer with one day advance notice, in order to verify
occupancy, and b) that the owner shall furnish a new
affidavit to said officer upon request.
9.
Prior to issuance of a building permit for an accessory
apartment the property owner shall submit a notarized
LN/44-340wp (8/5/91)
10
.
.
.
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.
10.
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.
11.
Any rental of the accessory apartment or storage
structure other than specified herein (to elderly persons
of 62 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.
12.
This approval is contingent upon verification from the
Health Department or Cardiff Sanitation submitted to the
Department of Planning and Community Development that
there is an adequate septic system or sewer system on
site to handle the addition of the accessory apartment.
BE IT ALSO RESOLVED that the Minor Use Permit is approved
subject to the following STANDARD conditions:
1. This approval will expire on August 20, 1993, after the
approval of this project 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 agent
within 15 days from the date of this approval;
3. At all times during the effective period of this permit,
the applicant shall obtain and maintain in valid force and
effect, each and every license and permit required by a
governmental agency for the operation of the authorized
activity;
4. At no time during the effective period of this permit
shall the applicant be delinquent in the payment of taxes or
other lawful assessments relating to the property which is the
subject of this permit;
5. In the event that any of the conditions of this permit are
not satisfied, the Planning Department shall cause a noticed
hearing to be sent before the authorized agency to determine
why the City of Encinitas should not revoke this permit;
LN/44-340wp (S/5/91)
11
.
.
.
6. Upon a showing of compelling public necessity demonstrated
at a noticed hearing, the city of Encinitas, acting through
the authorized agency, may add, amend, or delete conditions
and regulations contained in this permit;
7. Nothing in this permit shall relieve the applicant from
complying with the conditions and regulations generally
imposed upon activities similarly in nature to the activity
authorized by this permit;
8. Nothing in this permit shall authorize the applicant
intensify the authorized activity beyond that which
specifically described in this permit;
to
is
9. 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;
10. The applicant shall comply with the latest adopted
Uniform Building Code, Uniform Mechanical Code, Uniform
Plumbing Code, National Electric Code, Uniform Fire Code, and
all other applicable codes and ordinances in effect at the
time of building permit issuance if applicable;
11. This approval shall become null and void if building
permits are not issued for this project within two years from
the date of project approval, if applicable;
12. All Permits from other agencies will be required when
applicable; and
13. Project is approved as submitted and shall not be altered
without Community Advisory Board review and approval.
BE IT ALSO RESOLVED that the Minor Use Permit is approved
subject to the following ADDITIONAL conditions:
1.
ADDITIONAL CONDITIONS
A.
Since the apartment is not proposed for use at this time,
it is understood that the remodel will be completed now
in conformance with the 2 year time limit to pull
building permits, and the use will be allowed to be
converted to the accessory apartment upon written request
for review by the City of Encinitas of the situation to
determine if the conditions of approval can be met, and
to allow the applicant to sign and record the required
affidavit and agreement.
LN/44-340wp (8/5/91)
12
.
.
.
B.
The applicant shall cause to be recorded a covenant
regarding real property which sets forth this grant of
approval. The covenant shall be in form and content
satisfactory to the Director of Planning and Community
Development.
C.
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.
D.
Prior to final 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.
PASSED AND ADOPTED this 20th day of August,
1991,
by the
following vote, to wit:
Ayes:
Nays:
Absent:
Abstain:
ATTEST:
Boardmembers DuVivier, Perkins, Post, Schafter and Van
Slyke
None
None
None
CHUCK DU VIVIER, Chairman of the
Olivenhain Community
Advisory Board
,L ð
~ A
~/~ ~)ð 'ySZþe J
LI AS. ILES, ./
Associate Planner
LN/44-340wp (8/5/91)
13
.
.
.
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:
as
my/our
principal
residence. '
I/We declare that the occupant (s)
attached to my/our home will be :
of
the Accessory Apartment
and that occupant(s) is/are qualified by reason of
Age:
Handicap:
Relationship:
I/We agree to furnish supporting documents upon request.
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
THIS DAY OF
(Date) (Month)
PROPERTY OWNER(S)
(Year)
LN/44-340wp (8/5/91)
14
.
AGREEMENT
This agreement
witnesseth:
made
this
day
of
,
1991
That
the owner of hereinafter described real property:
Address: 770 Cole Ranch Road
Post Office: Encinitas
Zip Code: 92024
Subdivision Map Number:
Assessor Parcel Number:
NIA
265-352-08
.
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 91-099-MIN dated August 20, 1991,
Resolution Number NE-91-016, 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 30% of the main living floor area. The occupancy of said
Accessory Apartment 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) 62
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
pur.pos,e of verifyi.ng.,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
conveyance of the whole of said property hereinbefore described,
then to use the whole of said property in keeping with this
agreement.
LN/44-340wp (8/5/91)
15
.
.
.
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.
(Owner(s) Signature)
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
day of ,19, before me
, a Notary Public in and for said County,
residing therein, duly commissioned and sworn, personally appeared
, known to me to be the person( s), described in and whose
name(s) is (are) subscribed to the within instrument and
acknowledged,tome,,' tha.t they executed the same.
On
this
IN WITNESS WHEREOF, I have hereunto set by hand and affixed by
Official Seal, at my office in , County of San
Diego, State of California, the day and year in this certificate
first above written.
Notary Public in and for
the County of San Diego,
State of California. My
commission expires
Filed in Clerks Office
LN/44-340wp (8/5/91)
16
.
.
.
AGREEMENT
This agreement
witnesseth:
made
this
15
October
,
1991
of
day
That
we
the owner of hereinafter described real property:
Address: 770 Cole Ranch Road
Post Office: Encinitas
Zip Code: 92024
Subdivision Map Number:
Assessor Parcel Number:
NIA
265-352-08
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 91-099-MIN dated August 20, 1991,
Resolution Number NE-91-016, 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 30% of the main living floor area. The occupancy of said
Accessory Apartment 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) 62
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
conveyance of the whole of said property hereinbefore described,
then to use the whole of said property in keeping with this
agreement.
LN/44-340wp (8/5/91)
15
.
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:
770 Cole Ranch Road
as
my/our
principal
residence.
I/We declare that the occupant(s) of the Accessory Apartment
attached to my/our home will be :
Eli zabeth Conrad or Laura.. Daugherty
and that occupant(s) is/are qualified by reason of
Age: 75 75
. Handicap: blind elder
Relationship: mother mother-in-law
I/We agree to furnish supporting documents upon request.
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.
San Diego
(City/Area)
THIS 16 DAY OF October
(Date) (Month)
PROPERTY OWNER(S) John conrad
, California
EXECUTED AT
19 91
(Year)
.
LN/44-340wp (8/5/91)
14
.
.
.
That if said agreement is violated
taken by the City of Encinitas in a
Municipal Code to revoke permissi
action shall be
rovisions in the
rein stat
John W. Conrad
Barbara J. Conrad
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On this 16th day of OCTOBER, 19 91 , before me
EDDA H. BINDUS , a Notary Public in and for said County,
residing therein, duly commissioned and sworn, personally appeared
, 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.
*JOHN 'we CONRAD
IN WITNESS WHEREOF, I have hereunto set by hand and affixed by
Official Seal, at my office in C~IF. , County of San
Diego, State of California, the day and year in this certificate
first above written.
t~ -~.~~
Notary Public in and for
the County of San Diego,
State of California. My
commission expires
MAY 23, 1994
Filed in Clerks Office
OFFICIAL SEAl
EDDA H. BINDUS
NOTARY PUBl~AlIFORNIA
PRINCIPAl OFFICE IN
SAN DIEGO COUNTY
My CcIrnrnII8Ion ~ MAy 23. 1884
LN/44-340wp (8/5/91)
16