1988-29
RESOLUTION NO. C-88-029
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A RESOLUTION OF THE CARDIFF-BY-THE-SEA
COMMUNITY ADVISORY BOARD APPROVING A
MINOR USE PERMIT FOR AN ACCESSORY APARTMENT
AT 1355 RUBENSTEIN AVENUE, CARDIFF-BY-THE-SEA
(88-088-MIN)
WHEREAS, Denis Wolfe applied for a Minor Use permit for
an accessory apartment as per section 6156, W & 30.74.070 of
the
Municipal Code of the City of Encinitas;
WHEREAS, a public hearing was conducted on the application
by the Cardiff-by-the-Sea Community Advisory Board
on June 2,
1988, and all persons desiring to be heard were heard; and
WHEREAS, evidence was submitted and considered to include
without limitation:
a.
b.
c.
8 d.
e.
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 (88-088-MIN) dated May 18, 1988,
which is on file in the Department of Planning and
Community Development; and
Additional written documentation.
NOW THEREFORE,
BE IT RESOLVED by the Cardiff-by-the-Sea
Community Advisory Board of the City of Encinitas that the
Minor
Use permit is hereby approved subject to the following
findings:
1. There is a reasonable probability that the land use
and design proposed will be consistent with the general
plan proposal being considered or studied or which will be
studied within a reasonable time.
2. There is little or no probability of substantial
detriment to or interference with the future adopted
general plan if the proposed use or design is ultimately
inconsistent with the plan.
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3. 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
(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; or
4. 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
5. The project complies with all other
conditions or policies imposed by this Code.
BE
approved
1.
2.
3.
4.
5.
regulations,
IT
FURTHER
the Minor Use
RESOLVED that
Permit
is
subject to the following conditions:
The premises
owners;
shall
occupied
be
by
the
property
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
single family residential neighborhood.
of
a
One on-site parking space of a minimum 9' x 18 1/2'
shall be provided for the accessory apartment in
addition to the existing 2 car garage which provides
the required 2 on site parking spaces for the primary
dwelling;
The separate sale or ownership of the accessory
apartment from the primary dwelling is prohibited;
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6.
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.
The property owner shall submit a notarized recorded
copy of an agreement between the owner and the City
of Encinitas. Said agreement shall be filed with and
become a permanent part of this Minor Use Permit
granting the accessory apartment.
7.
8.
On a form provided by the City of Encinitas
subsequent owners shall be required to file an
affidavit to establish eligibility before occupying
the second dwelling unit on said property.
9.
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.
PASSED AND ADOPTED this
2nd day of June,
by the
1988,
following vote, to wit:
Ayes:
Nays:
Absent:
Abstain:
ATTEST:
Boardmembers Shannon, Barker, Slater, and Winkler
None
Boardmember Hirsch
None
~~
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LI A S. NILES,
Assistant Planner
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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 6156, Subsection W-8
of the city Zoning Ordinance)
I/We declare that I am/we are aware of the provisions of the
San Diego County 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) of the Accessory Apartment
attached to my/our home will be :
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 Codes
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)
THIS DAY OF
(Date) (Month)
PROPERTY OWNER(S)
19
(Year)
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AGREEMENT
This agreement
witnesseth:
this
day
1988
of
made
Wolfe
the
of
hereinafter
described
real
That Denis
property:
Address: 1355 Rubenstein Avenue
Post Office: Cardiff-By-The-Sea
Zip Code: 92007
owner
Subdivision Map Number:
Assessor Parcel Number:
260-074-09
desire to construct an "Accessory Apartment" as defined by the
City of Encinitas Zoning Ordinance for the purpose of providing
housing pursuant to section 6156, w of said zoning Ordinance.
In consideration of the permission granted by the City of
Encinitas, for Minor Use Permit 88-088-MIN dated May 23, 1988,
Resolution Number , 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
Community Development attesting to the qualifications of the
occupants of this property pursuant to the conditions set forth
in section 6156 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
uni ts on the same si te 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
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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.
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 Denis Wolfe, 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.
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/rm/CAB7-342 (11/20/87)