1989-21
RESOLUTION NO. C-89-021
A RESOLUTION OF THE CARDIFF-BY-THE-SEA
COIOlUNITY ADVISORY BOARD
APPROVING A MINOR USE PERMIT AND
DESIGN REVIEW TO CONSTRUCT
A ~ 575 SQUARE FOOT
ACCBSSORY APARTMENT AT 1907 GLASGOW AVENUE
(Case No. 89-188 KIN/DR)
WHEREAS, Suzette L. Aragon applied for a Minor Use Permit and
Design Review per section 30.48.040 W and Chapters 30.74 (Use
Permits) and Chapter 23.08 (Design Review) of the Municipal Code
of the City of Encinitas; and,
WHEREAS, the property is located at 1907 Glasgow Avenue and
legally described as:
Lots 4 & 5 in Block 99 of Cardiff Vista, in the City of
Encinitas, in the County of San Diego, State of
california, according to the map thereof No. 1547 filed
in the office of the county Recorder of San Diego County,
March 18, 1913.
WHEREAS, a public hearing was conducted on the application on
September 11, 1989; and
WHEREAS, the Community Advisory Board considered without
limitation;
1. The staff report dated September 6, 1989;
2. The adopted General Plan, Zoning Code and associated Land Use
Maps;
3. Oral evidence submitted at the hearing;
4. written evidence submitted at the hearing;
CO/07/CRO5-361wp5 1(9/19/89-2)
5. Documentation and site plans submitted by the applicant; and
WHEREAS, the Cardiff-by-the-Sea Community Advisory Board made
the required findings pursuant to Chapters 30.74 (Use Permits) and
23.08 (Design Review).
(See Attachment "A")
NOW, THEREFORE, BE IT RESOLVED by the Cardiff-by-the-Sea
Community Advisory Board of the City of Encinitas that application
89-188 MIN/DR is hereby approyed subject to the following
conditions:
I. SPECIFIC CONDITIONS:
1. The applicant shall execute and record, to the
satisfaction of the Director of Planning and Community
Development, a covenant which shall remain with the title
to the property; said covenant shall include the
following provisions:
A) Occupancy shall be restricted to the occupancy as
specified within the Municipal Code; and
B) The property owner consents to reasonable inspection
of the property by the Code Enforcement Officer to
verify that the occupancy restrictions are being
maintained; and
C) The owner will notify the next successive owner
either directly or by copy of covenant recorded on
the title of the restrictions relative to the
accessory apartment.
D) The Covenant shall state that conversion of the
garage into a dwelling unit is prohibited unless
City approval is granted prior to the conversion.
CO/07/CRO5-361wp52(9/19/89-2)
2. The structure shall maintain the character of the single
family residential neighborhood.
3. Applicable building and other codes, and zoning
requirements (including main building setbacks) shall
apply to the accessory apartment, excluding density
regulations, and any new construction on site. The
proposed garage and accessory apartment structure shall
be relocated to the west to avoid any encroachment into
the required 25 foot rear yard setback.
4. 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.
5. Dwellings modified in conjunction with an accessory
apartment shall, on sides adjacent to streets, retain the
appearance of a single detached dwelling.
6. The separate sale or ownership of the accessory apartment
from the primary dwelling on a lot or parcel is
prohibited.
7. 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.
8. 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.
9. Prior to submitting plans for plancheck, the applicant
shall make the following revisions to be reviewed and
approved by the Planning and Community Development
Department:
a) Call out on plans the front (after 10-foot
Irrevocable Offer of Dedication; IOD), side and rear
yard setbacks; as well as the distance between the
main residence and the proposed structure.
b) Indicated minimum interior clearance for vehicular
parking within the garage (i.e.: 9' X 18' per
vehicle).
CO/07/CRO5-361wp5 3(9/19/89-2)
c) Relocate the bottom stairway landing to face the
sideyard. Stairways may encroach into the required
sideyard by 1/2 the sideyard distance (i.e.: 5 ft.
+ 2 = 2 1/2 feet).
d) Reposition the stairway or the garage doors to
eliminate the need for vehicles to maneuver around
the stairway to enter/exit the garage.
e) Should a bathroom be located in the garage, access
to the bathroom shall be limited to the exterior of
the structure.
II. GENERAL CONDITIONS:
10. This approval may be appealed to the authorized agency
within 15 calendar days from the date of this approval.
11. In the event that any of the conditions of this permit
are not satisfied, the Planning and Community Development
Department shall cause a noticed hearing to be set before
the authorized agency to determine why the City of
Encinitas should not revoke this approval.
12. Upon a showing of compelling public necessity
demonstrated at a noticed hearing, the City of Encinitas,
acting through the authorized agency, any add, amend, or
delete conditions and regulations contained in this
permit.
13. Nothing in this permit shall authorize the applicant to
intensify the authorized activity beyond that which is
specifically described in this permit.
14. Approval of this request shall not waiye compliance with
any sections of the Zoning Development Code and all other
applicable City Ordinances.
15. Permits or findings of exemption shall be obtained from
other agencies as follows:
a. Coastal Commission
16. The application is approved as submitted and shall not
be altered without authorized agency review and approval.
CO/07/CRO5-361wp54(9/19/89-2)
APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTKENT REGARDING
COKPLIANCE WITH THE FOLLOWING CONDITIONS: (17-23)
III. SITB DBVELOPKENT:
Drainaae Conditions:
17. Concentrated flows across driveways and/or sidewalks
shall not be permitted.
street Conditions:
18. An Irrevocable Offer of Dedication (I.O.D.) shall be made
for 10 feet along Glasgow adjacent to the property for
public right-of-way purposes.
19. Developer shall execute and record a covenant with the
County Recorder agreeing not to oppose the formation of
an assessment district to fund the installation of right-
of-way improvements.
utilities:
20. The developer shall comply with all rules, regulations
and design requirements of the respective sewer and water
agencies regarding seryices to the project.
21. The developer shall be responsible for coordination with
SDG&E, Pacific Telephone, and Cable TV authorities.
22. All proposed utilities within the project shall be
installed underground including existing utilities unless
exempt by the Municipal Code.
23. The developer shall be responsible for the relocation and
undergrounding of existing public utilities, as required.
APPLICANT SHALL CONTACT THE FIRE PREVENTION DISTRICT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS: (24-25)
IV. FIRE PREVENTION:
24. The applicant shall submit a letter from the Fire
District stating that all development impact, cost
recovery and/or plan check fees have been paid.
25. A fire sprinkler system shall be installed per NFPA 13D
and Encinitas Fire Ordinance specifications.
CO/07/CRO5-361wp5 5(9/19/89-2)
BE IT FURTHER RESOLVED by the Cardiff-by-the-Sea Community
Advisory Board of the City of Encinitas that:
(1) This project was found to be exempt from environmental review
per section 15303 (b) of CEQA;
PASSED AND ADOPTED this 11th day of September, 1989 by the
following vote, to wit:
AYES: McCabe, Crosthwaite, MacManus, Barker
NAYS: None
ABSENT: Orr
ABSTAIN: None ~~
Terrance Barker, Cha1rperson
of the Cardiff-by-the-Sea
Community Advisory Board
ATTEST: ~
~c-R.. ~
Craig Olson, Assistant Planner
CO/07/CRO5-361wp5 6(9/19/89-2)
ATTACHMENT "A"
I. Desiqn Review (23.08.072) Reaulatorv Conclusions:
A. The project design is consistent with the General Plan,
and the provisions of the Municipal/Zoning Code.
Bvidence to Consider: The project conforms to the City's
adopted General plan and Zoning Code Standards for the
R-8 Zoning District in that accessory apartments are
permitted with Minor Use Permit approval.
B. The project design is substantially consistent with the
Design Review Guidelines.
Evidence to Consider: The project conforms with
architectural, landscape, and circulation elements
specified in the guidelines for Design Review.
C. The project would not adversely affect the health, safety
or general welfare of the community.
Bvidence to Consider: The Cardiff Board can find no
evidence that the project could adversely affect the
health, safety or general welfare of the community.
D. The project would not tend to cause the surrounding
neighborhood to depreciate materially in appearance or
value.
Evidence to Consider: The project is generally screened
from view to the public right-of-way and adjacent
properties by existing landscaping. The proj ect proposes
to use exterior building material to match the existing
single family residence.
II. Kinor Use Permit (30.74.070) Findinas:
A. The location, size design or operating characteristics
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:
1. The adequacy of public facilities, services and
utilities to serve the proposed project;
2. The suitability of the site for the type and
intensity of use or development which is proposed;
and
CO/07/CRO5-361wp5 7(9/19/89-2)
3. The harmful effect, if any, upon environmental
quality and natural resources of the City; and
Bvidence to Consider: The proposed project is a
residential use consistent with surrounding uses. The
existing single family structure is currently served by
all utilities and their extension to the accessory
apartment is feasibility. The board can identify no
reason why the proposal would be unsuitable for the site
or pose a harmful effect upon environmental quality or
natural resources.
B. The impacts of the proposed project will not adversely
affect the policies of the Encinitas General Plan or the
provisions of this Code; and
Bvidence to Consider: As conditioned to eliminate the
rear yard setback encroachment, the project conforms to
General Plan policies and zoning code development
standards. The project will still maintain the general
character of a single family residential neighborhood in
that the building materials used will match the existing
residence and the mature landscaping screens the existing
residence to the degree that casual observers will not
be aware that two units exist on site.
C. The project complies with all other regulations,
conditions or policies imposed by this Code.
Bvidence to Consider: The project will comply with all
zoning code requirements pertinent to the type of
development proposed. Since the resolution contains
standard conditions that must be satisfied to approve an
accessory apartment.
CO/07/CRO5-361wp5 8(9/19/89-2)