1990-11
RESOLUTION NO. C-90-011
A RESOLUTION OF THE CARDIFF-BY-THE-SEA
COKHUNITY ADVISORY BOARD
APPROVING A MINOR USE PERMIT AND
VARIANCE REQUEST TO PERMIT THE CONSTRUCTION
OF AN ACCESSORY APARTMENT AND A REMODEL TO AN
EXISTING SINGLE FAMILY RESIDENCE
FOR PROPERTY LOCATED AT 2471 NEWPORT AVENUE
(Case No. 90-039 MIN/V)
WHEREAS, Madison Graves and Stuart Resor applied for a Minor
Use Permit and Variance per Section 30.48.040 W (accessory
apartments), Chapter 30.74 (Use Permits) and Chapter 30.78
(Variance) of the Municipal Code of the City of Encinitas; and,
WHEREAS, the application for Variance includes requests for
the following:
(1) A 4 foot encroachment for an upper level deck into the 20 foot
front yard setback;
(2) A 6 inch encroachment into the side yard setback for
architectural (stucco) features to the existing chimneys; and,
(3) A 6 foot 2 inch encroachment for a deck proposed above the
existing garage within the 20 foot rear yard setback.
WHEREAS, the property is located at 2471 Newport Avenue and
legally described as:
Lots 31 and 32, in Block 7 of CARDIFF, according to Map
thereof No. 1298, filed in the Office of the County Recorder
of San Diego County November 14, 1910.
WHEREAS, a public hearing was conducted on the application on
March 26, 1990; and
WHEREAS, the Community Advisory Board considered without
limitation;
1. The staff report dated March 21, 1990;
COI04/CAB16-1741wp5 1(4-12-90/1)
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;
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
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
90-039 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
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; and
D) The conversion of any portion of the accessory
apartment balcony or the garage area of the proposed
structure is hereby strictly prohibited. No
additional living area is permitted unless approval
COI04/CAB16-1741wp52(4-12-90/1)
is granted by the City pursuant to Municipal Code
and development requirements.
E) 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.
2. The enclosure of any deck areas (ie: plexi-glass
enclosures), particularly the roof deck of the main
structure is prohibited. All improvements shall maintain
a maximum height of 26 feet.
3. The garage shall be used exclusively for the parking of
vehicles and a roll-up (or sectional) automatic garage
door shall be provided. Conversion of the garage to a
living unit shall be strictly prohibited.
4. The property owner shall record a covenant, to run with
the land's title, not to oppose the formation of an
Assessment District to fund utility undergrounding within
the vicinity of the project site.
5. Prior to occupancy of the Accessory Apartment, the City's
Code Enforcement Officer shall inspect the site to
confirm that the property owners occupy the main
structure as their primary residence. The Code
Enforcement Officer shall periodically (minimum of twice
a year for one year) inspect the site to confirm that the
Accessory Apartment is occupied by a qualified individual
and the property owners maintain residence within the
primary structure.
6. Any wall and/or fence structures within 15 feet of the
garage doorways shall measure no more than 4 feet in
height.
7. Dwellings modified in conjunction with an accessory
apartment shall, on sides adjacent to streets, retain the
appearance of a single detached dwelling.
8. The separate sale or ownership of the accessory apartment
from the primary dwelling on a lot or parcel is
prohibited.
9. 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.
CO/04/CAB16-1741wp5 3(4-12-90/1)
10. 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:
11. This approval may be appealed to the authorized agency
within 15 calendar days from the date of this approval.
12. 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.
13. 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.
14. Nothing in this permit shall authorize the applicant to
intensify the authorized activity beyond that which is
specifically described in this permit.
15. 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.
16. Permits or findings of exemption shall be obtained from
other agencies as follows:
a. state Coastal Commission
17. 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 DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS: (19-20)
18. An Irrevocable Offer of Dedication (I. O. D.) shall be made
for 5 feet along Newport Avenue adjacent to the property
for public right-of-way purposes unless waived by the
Director of Public Works pursuant to City Council interim
policy adopted March 14, 1990.
CO/04/CAB16-1741wp5 4(4-12-90/1)
19. 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.
APPLICANT SHALL CONTACT THE FIRE PREVENTION DISTRICT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS: (21-23)
III. FIRE PREVENTION:
20. Prior to final approval, applicant shall submit a letter
from the Fire District stating that all plan review fees
have been paid.
21. Address numbers shall be clearly visible from the street
fronting the structure. Where structures are located off
a roadway on long driveways, a monument shall be placed
at the entrance where the driveway intersects the main
roadway. Permanent address numbers shall be displayed
on this monument.
22. The garage and Accessory Apartment shall be protected by
automatic fire sprinkler systems. Sprinkler systems
shall be installed to the satisfaction of the Encinitas
Fire Protection District.
CO/04/CAB16-1741wp5 5(4-12-90/1)
BE IT FURTHER RESOLVED by the Cardiff-by-the-Sea Community
Advisory Board of the City of Encinitas that:
This project was found to be exempt from environmental review
per Section 15301(e) (1) of CEQA;
PASSED AND ADOPTED this 26th day of March, 1990 by the
following vote, to wit:
AYES: McCabe, Crosthwaite, Orr, MacManus
NAYS: None
ABSENT: Barker
ABSTAIN: None
(j¿
Crosthwa~te, VJ.ce-Cha~rperson
of the Cardiff-by-the-Sea
Community Advisory Board
ATTEST:
~I(o (2. W~ b -,
Craig Olson, Assistant Planner
COI04/CAB16-1741wp5 6(4-12-90/1)
RESOLUTION NO: C-90-011
CASE NO.: 90-039 MIN/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;
Evidence: The existinq structures are currently served
by all utilities. The project conforms to height
requirements but variance to setback requirements are
requested and could be considered suitable to the project
location unless findings are made and the variances are
denied; the board can identify no reason why the project
would pose a harmful effect on environmental quality and
has deemed the project exempt per CEQA guidelines.
B. The impacts of the proposed project will not adversely
affect the policies of the Encinitas General Plan or the
provisions of this Code;
Evidence: 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 I 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/04/CAB16-1741wp57(4-12-90/1)
yard encroachment and can identify no other regulations
of the Code with which the project fails to comply.
Findinas for Variance ADDroval (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: Pursuant to City Council Interim Policy adopted
March 14, 1990, the request for front yard variance may
not be at issue if the Irrevocable Offer of Dedication
for street right-of-way purposes is waived. The
Accessory Apartment deck encroachment is above an
existing garage structure and the stucco architectural
details are proposed for existing chimneys.
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 vicini ty and zone in which such property is
situated.
Evidence: The board finds that the project can be
conditioned to require adherence to Code Standards and,
thereby, not authorize a grant of special privilege not
permitted by Code provisions.
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
site and adjacent properties than the project
requiring a variance.
CO/04/CAB16-1741wp5 8(4-12-90/1)
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
constitute 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
structures erected on the property. The var iance request
for the front yard encroachment will not be an issue if
the IOD is waived per City Council's interim policy. The
6 inch variance to side yard setbacks for the
architectural feature is not anticipated to be a
significant impact. No evidence has been submitted
indicating that the project would legalize a private or
public nuisance.
COI04/CAB16-1741wp5 9(4-12-90/1)