1990-34
RESOLUTION NO. C-90-34
A RESOLUTION OF THE CARDIFF-BY-THE-SEA
COMMUNITY ADVISORY BOARD
APPROVING A MINOR USE PERMIT FOR
AN ACCESSORY APARTMENT
FOR PROPERTY LOCATED AT 1002 HURSTDALE AVENUE
(Case No. 90-166 MIN)
WHEREAS, Glenn Fisher applied for a Minor Use Permit per
Section 30.48.040 W (accessory apartments) and Chapter 30.74 (Use
Permits) of the Municipal Code of the City of Encinitas; and,
WHEREAS, the property is located at 1002 Hurstdale Avenue and
legally described as:
Lots 322 of Poinsettia Heights, Unit No. 7, in the City of
Encinitas, County of San Diego, State of California, according
to Map thereof No. 5089, filed in the Office of the County
Recorder of San Diego County, December 5, 1962.
WHEREAS, public hearings were conducted on the application on
August 27 and September 24, 1990; and
WHEREAS, the Community Advisory Board considered without
limitation;
1. The staff reports dated August 22 and September 19, 1990;
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. 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).
(See Attachment "A")
NOW, THEREFORE, BE IT RESOLVED by the Cardiff-by-the-Sea
Community Advisory Board of the City of Encinitas that application
90-166 MIN is hereby approved subject to the following conditions:
CO/jm/CRO8-660wp5 (9-26-90/2) Page 1 of 5
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) No additional living area is permitted unless
approval is granted by the City pursuant to
Municipal Code and development requirements. The
plans submitted for plan check shall conform to the
floor plan (Exhibit" A") reviewed by the Board and
dated received by the City on August 29, 1990.
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. "As Built" addition must conform to current 1988 UBC and
Energy (Title 24) requirements. Complete "As Built"
plans to be plan checked by Building Department when
plans are submitted for permit. The interior revisions
shown on the floor plan dated received August 29, 1990
shall be completed within six months of this approval.
3. The garage shall be used exclusively for the parking of
vehicles. Conversion of the garage to a living unit
shall be strictly prohibited.
4. Pr ior 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 inspect the site a minimum of
twice within a year of this approval and shall,
thereafter, periodically inspect the site to confirm that
the Accessory Apartment is occupied by a qualified
CO/jm/CRO8-660wp5 (9-26-90/2) Page 2 of 5
individual and the property owners maintain residence
within the primary structure.
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.
II. GENERAL CONDITIONS:
9. This approval may be appealed to the authorized agency
within 15 calendar days from the date of this approval.
10. 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.
11. 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.
12. Nothing in this permit shall authorize the applicant to
intensify the authorized activity beyond that which is
specifically described in this permit.
13. Approval of this request shall not waive compliance with
any sections of the Zoning Development Code and all other
applicable City Ordinances.
14. Permits or findings of exemption shall be obtained from
other agencies as follows:
State Coastal Commission
CO/jm/CRO8-660wp5 (9-26-90/2) Page 3 of 5
APPLICANT SHALL CONTACT THE FIRE PREVENTION DISTRICT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS: (15-16)
III. FIRE PREVENTION:
15. Prior to building permit issuance, applicant shall submit
a letter from the Fire District stating that all plan
review fees have been paid.
16. 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;
PASSED AND ADOPTED this 24th day of September, 1990 by the
following vote, to wit:
AYES: Cruz, McCabe, MacManus
NAYS: None
ABSENT: Grossman, Tom
ABSTAIN: None .,--
Aè;:e. ~
Craig Olson, Assistant Planner
CO/jm/CRO8-660wp5 (9-26-90/2) Page 4 of 5
ATTACHMENT "A"
RESOLUTION NO: C-90-34
CASE NO.: 90-166 MIN
Minor Use Permit (30.74.070) Findings:
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 existing structures are currently served
by all utilities. The project conforms to parking, lot
coverage, floor area ratio, and setback requirements of
the R-8 Zoning District. Evidence has been provided to
indicate that the accessory apartment can be remodeled
to conform to the 640 square foot limitation imposed by
state law. 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/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: All regulations of Zoning Code Section
30.48.040W (accessory apartments) can be satisfied and
the project is conditioned to require Building Department
approval for "as built" building permits to be issued.
CO/jm/CRO8-660wp5 (9-26-90/2) Page 5 of 5