1989-27
RESOLUTION NO. C-89-027
A RBSOLUTION OF THE CARDIFF-BY-THB-SBA
COIOlUNITY ADVISORY BOARD
APPROVING A KINOR USE PBRKIT AND
VARIANCB REQUEST TO PERMIT THB CONSTRUCTION
OF A GARAGE AND ACCESSORY APARTKBNT WHICH ENCROACHES
FIFTEEN FBET INTO THB TWENTY FOOT REAR YARD SBTBACK
FOR PROPERTY LOCATBD AT 2490 NEWCASTLB AVBNUB
(Case No. 89-247 KIN/V)
WHEREAS, Brett Burruss applied for a Minor Use Permit and
Variance per section 30.48.040 Wand Chapters 30.74 (Use Permits)
and Chapter 30.78 (Variance) of the Municipal Code of the City of
Encinitas; and,
WHEREAS, the property is located at 2490 Newcastle Avenue and
legally described as:
The easterly half of Lot 21, 22, 23 and 24 of Block 7, in
CARDIFF, in the City of Encinitas, in the County of San Diego,
State of California, according to Map thereof No. 1298, filed
in the Off ice of the County Recorder of San Diego County,
November 14, 1910.
WHEREAS, public hearings were conducted on the application on
November 27, and December 11,1989; and
WHEREAS, the Community Advisory Board considered without
limitation;
1. The staff reports dated November 22, and December 6, 1989;
2. The adopted General Plan, Zoning Code and associated Land Use
Maps;
3. Oral evidence submitted at the hearings;
4. Written evidence submitted at the hearings;
CO/jm/CR06-402wpS 1(12-20-89/1)
s. 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
30.78 (Variance).
(See Attachment "A")
NOW, THEREFORE, BE IT RESOLVED by the Cardiff-by-the-Sea
Community Advisory Board of the City of Encinitas that application
89-247 MIN/V is hereby approved 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 of the accessory apartment 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
ver i fy tha t 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; and
D) The conversion of any portion of the garage (lower
level) area of the proposed structure is hereby
strictly prohibited. No additional living area is
permitted unless approval is granted by the City
pursuant to Municipal Code and development
requirements. Access to the ground level shower
shall be restricted to exterior doorways only.
CO/jm/CR06-402wpS 2(12-20-89/1)
2. The structure shall conform to approved plans and shall
maintain the character of a single family residential
neighborhood. Plans submitted for plan check shall
indicate the garage/apartment moved 2'6 in. toward the
existing structure.
3. Applicable building and other codes, and zoning
requirements (excluding the 15 foot encroachment into the
20 foot rear yard setback) shall apply to the accessory
apartment, (excluding density regulations).
4. A covenant shall be recorded that will prohibit any new
construction within a 20 foot setback from both Kilkenny
Drive and Newcastle Avenue. New construction may be
located to within 5 feet of the westerly and northerly
property lines.
s. Off-street parking shall be provided pursuant to the
parking regulations, except that accessory apartment
parking may be permitted in the exterior side yard.
Garage conversions are prohibited unless replacement
covered off-street parking is provided concurrently.
6. Dwellings modified in conjunction with an accessory
apartment shall, on sides adjacent to streets, retain the
appearance of a single detached dwelling.
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, 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.
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
CO/jm/CR06-402wpS3(12-20-89/1)
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, may 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 waive compliance with
any sections of the Zoning Development Code and all other
applicable City Ordinances except as permitted by this
Variance approval.
15. Permits or findings of exemption shall be obtained from
other agencies as follows:
a. Coastal Commission
16. Prior to the issuance of a Building Permit, the applicant
shall apply to the Department of Planning and Community
Development to have prepared and cause to be recorded
with the County Recorder's Office, a certificate of
Compliance to merge the lots into a single lot of record.
APPLICANT SHALL CONTACT THE PUBLIC WORKS DBPARTKENT REGARDING
COMPLIANCE WITH THB FOLLOWING CONDITIONS: (17-28)
III. SITE DEVELOPMENT:
Drainaae Conditions:
17. Concentrated flows across driveways and/or sidewalks
shall not be permitted.
18. A drainage system capable of handling and disposing of
all surface water originating within the project, and all
surface waters that may flow onto the project from
adjacent lands, shall be required. Said drainage system
shall include any easements and structures as required
by the City Engineer to properly handle the drainage.
19. The drainage system shall be des igned to ensure that
runoff resulting from a 10-year frequency storm of 6
hours or 24 hours duration under developed conditions,
is equal to or less than the runoff from a storm of the
same frequency and duration under existing developed
CO/jm/CR06-402wpS4(12-20-89/1)
conditions. Both 6 hour and 24 hour storm durations
shall be analyzed to determine the detention basin
capacities necessary to accomplish the desired results.
street Conditions:
20. An Irrevocable Offer of Dedication (I. O. D.) shall be made
for five feet along Kilkenny adjacent to the property for
public right-of-way purposes.
21. An Irrevocable Offer of Dedication (I.O.D.) shall be made
for five feet along Newcastle adjacent to the property
for public right-of-way purposes.
22. Developer shall execute and record a covenant with the
Country Recorder agreeing not to oppose the formation of
an assessment district to fund the installation of right-
of-way improvements.
utilities:
23. The developer shall comply with all rules, regulations
and design requirements of the respective sewer and water
agencies regarding services to the project.
24. The developer shall be responsible for coordination with
SDG&E, Pacific Telephone, and Cable TV authorities.
25. All proposed utilities within the project shall be
installed underground including existing utilities unless
exempt by the Municipal Code.
Grading Conditions
26. Grading for this project, if applicable, would be defined
in Chapter 23.24 of the Encinitas Municipal Code.
Grading shall be performed under the observation of a
civil engineer whose responsibility it shall be to
coordinate site inspection and testing to ensure
compliance of the work with the approved grading plan,
submit required reports to the City Engineer and verify
compliance with Chapter 23.24 of the Encinitas Municipal
Code.
27. A soils/geological/hydraulic report (as applicable) shall
be prepared by a qualified engineer licensed by the state
of California to perform such work at first submittal of
a grading plan.
28. Prior to hauling dirt or construction materials to any
proposed construction site within this project the
developer shall submit to and receive approval from the
CO/jm/CR06-402wpSS(12-20-89/1)
City Engineer for the proposed haul route. The developer
shall comply with all conditions and requirements the
City Engineer may impose with regards to the hauling
operation.
APPLICANT SHALL CONTACT THE FIRB PREVENTION DISTRICT REGARDING
COMPLIANCB WITH THB FOLLOWING CONDITIONS: (29-30)
IV. FIRE PREVENTION:
29. 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.
30. A fire sprinkler system shall be installed per NFPA 13D
and Encinitas Fire Ordinance specifications.
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 December, 1989 by the
following vote, to wit:
AYES: McCabe, crosthwaite, Orr, Barker
NAYS: None
ABSENT: MacManus
ABSTAIN: None ~~r~~;Person
of the Cardiff-by-the-Sea
Community Advisory Board
ATTEST:
~tCø t? . e;Q~
Craig Olson, Assistant Planner
CO/jm/CRO6-402wpS 6(12-20-89/1)
RESOLUTION NO: C-89-027
CASE NO.: 89-247 KIN/V
ATTACHMENT "A"
Minor 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
3. The harmful effect, if any, upon environmental
quality and natural resources of the City;
Bvidence: 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 feasible.
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. The proposed
structure is attached to the existing single family
residence and is found to maintain the general character
of single family residential neighborhood.
B. The impacts of the proposed project will not adversely
affect the policies of the Encinitas General Plan or the
provisions of this Code;
Bvidence: The board can identify no policies of the
General Plan that would be adversely affected by the
proposed project. The Housing Element of the General
Plan recognizes the special needs groups of elderly/large
families to be adequately housed and Policy 1.4
encourages affordable housing stock to be dispersed
throughout the five communities.
C. The project complies with all other regulations,
conditions or policies imposed by this Code.
Evidence: The board has made the required findings for
Variance approval (see variance findings) for the rear
CO/jm/CRO6-402wpS7(12-20-89/1)
.----
yard encroachment and can identify no other regulations
of the Code with which the project fails to comply.
Findinas for Variance Ap~roval (Section 30.78.030)
A. A variance from the terms of the Zoning Ordinances shall
be granted only when, because of the special
circumstances applicable to the property, including size,
shape, topography, location or surroundings, the strict
application of the Zoning Ordinance deprives such
property of privileges enjoyed by the other property in
the vicinity and under identical zoning classification.
Evidence: That due to a past division of the property
along a north/ south axis, the shape of the lot is a
special circumstance unlike surrounding properties.
said lot configuration deprives the owner of utilizing
the northerly property line as an "interior side yard"
as other properties fronting onto Newcastle Avenue.
B. Any variance granted shall be subject to such conditions
as will assure that the adjustment thereby authorized
will not constitute a grant of special privileges
inconsistent with the limitations upon other properties
in the vicinity and zone in which such property is
situated.
Evidence: The board finds that the encroachment into the
rear yard (northerly) setback would comply to interior
side yard setbacks of adjoining property to the north.
The variance approval has been conditioned to comply with
other City standards for development so as to assure that
the adjustment would not constitute a grant of special
privilege.
C. A Variance will not be granted for a parcel of property
which authorizes a use or activity which is not otherwise
expressly authorized by the zoning regulation governing
the parcel of property.
Evidence: Single family residences are permitted within
the R-11 Zoning District and accessory apartments are
permi tted wi thin residential zones with an approved Minor
Use Permit.
D. No variance shall be granted if the inability to enjoy
the privilege enjoyed by other property in the vicinity
and under identical zoning classification:
1. Could be avoided by an alternate development plan;
which would be of less significant impact to the
cO/jm/CRO6-402wpS8(12-20-89/1)
site and adjacent properties than the project
requiring a variance.
2. Is self-induced as a result of an action taken by
the property owner or the owner's predecessor;
3. Would allow such a degree of variation as to
consti tute a rezoning or other amendment to the
Zoning Code; or
4. Would authorize or legalize the maintenance of any
private or public nuisance.
Evidence: The board finds that an alternate development
plan is not viable due to the existing configuration of
the lot and that surrounding property would not be
adversely impacted since the rear yard encroachment
conforms to side yard setback requirements for the
adjoining lot to the north. The encroachment is required
to maintain a courtyard area between the existing single
family structure and the proposed garage/accessory
apartment. Such uses are consistent with the Residential
Zoning District and would not pose a public or private
nuisance.
CO/jm/CR06-402wpS9(12-20-89/1)