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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)