1990-28
RESOLUTION NO. C-90-28
A RESOLUTION OF THE CARDIFF-BY-THE-SEA
COMMUNITY ADVISORY BOARD
APPROVING A MINOR USE PERMIT
FOR AN ACCESSORY APARTMENT AND VARIANCE TO
SIDE AND REAR YARD SETBACK ENCROACHMENTS
FOR PROPERTY LOCATED AT
1055 NOLBEY STREET
(CASE NO.: 90-139 MIN/V)
WHEREAS, Angel Salazar 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 application for Variance requests the following:
(1) Encroach 5 feet into 5 foot side yard setback along the
southerly property line for the accessory structure; and
(2) Encroach 1 foot into the 5 foot rear yard setback for
the accessory structure.
WHEREAS, the property is located at 1055 Nolbey Street and
legally described as:
Lot 64 of Poinsettia Heights Unit No. 2, in the City of
Encinitas, County of San Diego, State of California, according
to Map thereof No. 4483, filed in the Office of the County
Recorder of San Diego County, March 16, 1960.
WHEREAS, public hearings were conducted on the application on
August 13, and August 27,1990 (the August 13 meeting was continued
from July 9, 1990 due to a lack of quorum); and
WHEREAS, the Community Advisory Board considered without
limitation;
1. The staff reports dated July 5, and August 22, 1990;
CO/dc/CR08-639WP5 1(09/13/90-3) Page 1 of 8
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;
5. site and building plans for the lot and accessory structure
dated received by the city on June 7, 1990; 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
90-139 MINIV 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 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) No additional living area is permitted unless
CO/dc/CR08-639WP52(09/13/90-3) Page 2 of 8
approval 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 property owner shall submit for plan check review of
the existing accessory structure. All building, fire,
plumbing, electrical and any other construction code
requirements shall be satisfied prior to use of the
accessory structure for dwelling purposes as prescribed
in this approval.
3. 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 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.
4. Dwellings modified in conjunction with an accessory
apartment shall, on sides adjacent to streets, retain the
appearance of a single detached dwelling.
5. The separate sale or ownership of the accessory apartment
from the primary dwelling on a lot or parcel is
prohibited.
6. 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.
7. 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:
8. This approval may be appealed to the Planning Commission
within 15 calendar days from the date of this approval.
9. In the event that any of the conditions of this permit
CO/dc/CR08-639WP53(09/13/90-3) Page 3 of 8
--- ------ --------
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.
10. 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.
11. Nothing in this permit shall authorize the applicant to
intensify the authorized activity beyond that which is
specifically described in this permit.
12. 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.
13. Permits or findings of exemption shall be obtained from
other agencies as follows:
state Coastal commission
APPLICANT SHALL CONTACT THE FIRE PREVENTION DISTRICT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS: (14-15)
III. FIRE PREVENTION:
14. Prior to final approval, applicant shall submit a letter
from the Fire District stating that all plan review fees
have been paid.
15. 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.
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;
CO/dc/CR08-639WP5 4(09/13/90-3) Page 4 of 8
PASSED AND ADOPTED this 27th day of August, 1990 by the
following vote, to wit:
AYES: McCabe, Grossman, MacManus
NAYS: None
ABSENT: Orr
ABSTAIN: None
ATTEST:
~ Q.dL
Craig Olson, Assistant Planner
CO/dc/CR08-639WP5 5(09/13/90-3) Page 5 of 8
ATTACHMENT "A"
RESOLUTION NO: (;- qo-2.ß
CASE NO.: 90-139 MIN/V
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: All utilities are available to the site.
variance approval is necessary for project approval,
however, the accessory structure is conditioned to
require conformance to building standards and no harmful
effects upon surrounding property or the environment can
be identified.
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/large
families to be adequately housed and Policy 1.4
encourages affordable housing stock to be dispersed
throughout the five communities.
The project is conditioned to require adherence to
building standards. Off-street parking for two vehicles
is provided as indicated on plans dated received June 7,
1990. Since accessory apartment parking standards are
not specifically listed in the zoning code parking
standards, the Board fines the off-street parking
sufficient in accordance with section 30.54.020 I of the
Municipal Code. The accessory apartment conforms to
General Plan policies of the Housing Element page H-53.
CO/dc/CR08-639WPS6(09/13/90-3) . Page 6 of 8
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
and side yard encroachments. The Board approval of the
variance request and conditions imposed on the project
will assure compliance with all regulations of the
Municipal Code.
Findings for Variance Approval (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: The request for variance is appropriate due to
the existing shape of the lot and its location in the
neighborhood and since the lot's pad is approximately 4
feet lower than the adjoining property to the south which
tends to mitigate any impact the structure has on the
adjoining property.
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: Conditions of project approval requires that
the accessory structure be brought into conformance with
all applicable building code requirements.
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-8 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:
CO/dc/CR08-639WP5 7(09/13/90-3) Page 7 of 8
I
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.
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, including the covered
patio area. The approval does not constitute a rezoning
since single family residences are permitted in the R-8
Zone and accessory apartments are permitted with a minor
use permit. The variance is not self-induced since
existing conditions require the variance request and no
evidence exists to indicate the use constitutes a private
or public nuisance.
-
CO/dc/CR08-639WP5 8(09/13/90-3) Page 8 of 8