1989-02
RESOLUTION NO. OE-89-02
A RESOLUTION OF THE OLD ENCINITAS
COMMUNITY ADVISORY BOARD
CITY OF ENCINITAS, APPROVING A MINOR USE PERMIT
AND VARIANCE FROM THE CITIES NON-CONFORMITY REGULATIONS TO
ALLOW AN EXISTING ENCROACHING
ACCESSORY UNIT TO REMAIN UPON CONSTRUCTION OF A NEW
SINGLE FAMILY RESIDENCE LOCATED AT
237 LA MESA AVENUE
(CASE NUMBER 88-331 MIN/V)
WHEREAS, a request for consideration of a Minor Use Permit and
Variance
filed by Don and Sally Cowen to allow an existing
encroaching accessory unit to remain upon construction of a new
single family residence (Case Number 88-331 MIN/V) as per Chapters
30.74 and 30.78 of the City of Encinitas Municipal/Zoning Codes,
for the property located at 237 La Mesa Avenue, legally described
as;
Lot 14, Block "I" of Seaside Gardens, according to the
Map thereof No. 1800, filed in the Office of the County
Recorder of San Diego County.
WHEREAS, a public hearing was conducted on the application on
December 8, 1988, and January 19, 1989; and
WHEREAS, the Community Advisory Board considered:
1.
The staff report dated November 30, 1988;
The application and maps submitted by the applicant;
2.
3.
Oral evidence submitted at the hearing;
4.
written evidence and additional photographs of
surrounding properties submitted at the hearing; and
WHEREAS, the Old Encinitas Community Advisory Board made the
following findings pursuant to Chapters 30.74 and 30.78 of the
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1
Encinitas Municipal Code:
SEE ATTACHMENT "A"
NOW THEREFORE, BE IT RESOLVED by the Old Encinitas Community
Advisory Board of Encinitas that Variance and Minor Use Permit
application
88-331
MIN/V
is
hereby
approved
subject
to
the
following conditions:
SEE ATTACHMENT "B"
BE IT FURTHER RESOLVED by the Old Encinitas Community Advisory
Board of the City of Encinitas that:
(1)
This project was found to be exempt from environmental review,
section 15303(a);
PASSED AND ADOPTED this 19th day of January, 1989, by the
following vote, to wit:
AYES:
Kauflin, Couglar, Tobias
NAYS:
Steyaert
ABSENT:
None
ABSTAIN:
None
P;~,~the
Old Encinitas Community
Advisory Board
Board
ATTEST:
--- ,.-
/~,...
Tom Curriden, Assistant Planner
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ATTACHHENT "A"
OLD ENCINITAS
(COMMUNITY ADVISORY BOARD)
RESOLUTION NO. OE89-02
Findings for a Use Permit
(Section 30.74.070, of Municipal Code)
An application for Use Permit shall be approved unless findings of
fact are made based upon the information presented in the
application or during the hearings which support one or more of
the following conclusions:
1.
The location, size, design or operating characteristics of
the proposed project incompatible with or adversely affect or
be materially detrimental to adjacent uses, residences,
buildings, structures or natural resources, with consideration
given to, but not limited to:
(a)
(b)
The inadequacy of public facilities, services and
utilities to serve the proposed project;
The unsuitability of the site for the type and intensity
of use or development which is proposed; and
The harmful effect, if any, upon environmental quality
and natural resources of the City; or
(c)
Evidence to Consider:
The single family residence and accessory unit will be
compatible with adjoining areas, since such development is
common to the area. wi th the associated setback variance, the
site accommodates the proposed development in accordance with
all City regulations. All public facilities are in place to
serve the project, and no adverse environmental impacts will
result.
2.
The impacts of the proposed project will adversely affect the
policies of the Encinitas General Plan or the provisions of
this Code; and
Evidence to Consider:
An accessory unit, in conjunction with the proposed single
family residence proposed on site, is expressly allowed for
under the General Plan and Zoning Ordinance, subject to the
conditions of approval contained in Attachment "B".
3 .
The proj ect fails to comply wi th any other regulations,
conditions or policies imposed by this Code.
Evidence to Consider:
with approval of the associated setback variance, and subject
to the conditions continued in Attachment "B"; the project
will comply with all provisions of the Encinitas Municipal
Code.
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C.
D.
Findings for a Variance
(Section 30.78.030 Municipal Code)
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
other property in the vicinity and under identical zoning
classification.
Evidence to Consider:
B.
Since other properties in the vicinity have been developed
while retaining nonconforming accessory units, a variance from
the City's nonconforming regulations is necessary for the
applicant to retain the existing encroaching structure and
not to be deprived of the similar privilege enjoyed by others
in the vicinity.
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 to Consider:
Since other such development is common to the area, no grant
of special privilege will occur and no conditions are deemed
necessary.
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. The provisions of this section shall not apply to
conditional use permits.
Evidence to Consider:
The proposed use of the property is expressly allowed for
under present zoning regulations.
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;
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
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4.
Would authorize or legalize the maintenance of
private or public nuisance.
any
Evidence to Consider:
No alternative development plan is available which would allow
the applicant to enjoy the privilege of others in the area as
described in finding "A". It is likely that the nonconforming
structure was builtin its present location prior to the
adoption of setback regulations and thus does not represent
self-inducement. The degree of variation is minor and will
not legalize or maintain any public or private nuisance.
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I.
II.
ATTACHHENT "B"
RESOLUTION NO. OE89-02
SPECIFIC CONDITIONS
1.
One of the dwelling units shall be occupied by the
property owner. The dwelling unit not occupied by the
owner shall only be occupied by person(s) that qualify
as elderly, handicapped, or immediate family members.
2.
Separate sale or ownership of the accessory apartment
from the primary dwelling on a lot or parcel is
prohibited.
3.
On a form provided by the Community Development
Department, the owner shall file with the application a
signed affidavit agreeing to accessory apartment
occupancy requirements. The affidavit shall include
provisions stating that 1) the owner consents to
inspection of the premises by the codes enforcement
officer in order to verify occupancy and 2) that the
owner shall furnish a new affidavit to said officer upon
request.
4.
Prior to issuance of a building permit for an accessory
apartment the owner shall submit a notarized recorded
copy of an agreement between the owner and the City of
Encinitas on a form supplied by the Community Development
Department. Said agreement shall be filed with and
become a permanent part of the Minor Use Permit which a
granted the Accessory Apartment.
On a form provided by the Department of Planning and Land
Use, subsequent owners shall be required to file an
affidavit to establish eligibility before occupying the
second dwelling unit on said property.
5.
STANDARD CONDITIONS
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND
COMMUNITY DEVELOPMBNT REGARDING COMPLIANCE WITH THE FOLLOWING
CONDITIONS (ITEMS 6 THROUGH 20):
6.
GENERAL CONDITIONS
7.
8.
This approval will expire on January 19,1991, two years
after the approval of this project unless the conditions
have been met or an extension has been approved by the
authorized agency (agent).
This approval may be appealed to the authorized agency
(agent) within 10 days from the date of this approval.
At all times during the effective period of this permit,
the applicant shall obtain and maintain in valid force
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9.
10.
11.
12.
13.
14.
15.
16.
and effect, each and every license and permit required
by a governmental agency for the operation of the
authorized activity.
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 sent
before the authorized agency (agent) to determine why the
City of Encinitas should not revoke this permit.
Upon a showing of compelling public necessity
demonstrated at a noticed hearing, the City of Encinitas,
acting through the authorized agency (agent), may add,
amend, or delete conditions and regulations contained in
this permit.
Nothing in this permit shall authorize the applicant to
intensify the authorized activity beyond that which is
specifically described in this permit.
Approval of this request shall not waive compliance with
any sections of the Zoning Development Code and all other
applicable City Ordinances in effect at the time of
Building Permit issuance.
The applicant shall comply with the latest adopted
Uniform Building Code, Uniform Mechanical Code, Uniform
Plumbing Code, National Electric Code, Uniform Fire Code,
and all other applicable codes and ordinances in effect
at the time of building permit issuance.
Permits or findings of exemption shall be obtained from
other agencies as follows:
a.
Coastal Commission
The application is approved as submitted/modified and
shall not be altered without authorized agency (agent)
review and approval.
For new residential dwelling unit(s), the applicant shall
pay development fees at the established rate. Such fees
may include, but not be limited to: Permit and Plan
Checking Fees, School Fees, Water and Sewer Service Fees,
Traffic Fees, Drainage Fees, and Park Fees. These fees
shall be paid prior to (as applicable):
a.
Final occupancy.
17.
SITE DEVELOPMENT
18.
The site shall be developed in accordance with the
approved site plans on file in the Planning and Community
Development Department and the conditions contained
herein.
Prior to any use of the project site or business activity
being commenced thereon, all conditions of approval
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19.
contained herein shall be completed to the satisfaction
of the Director of the Planning and Community Development
Department.
Any change to the natural drainage or concentration of
drainage shall be adequately handled and shall not impact
adjacent properties.
20.
PARKING AND VEHICULAR ACCESS
Driveways shall meet the standards of the Zoning
Ordinance, Public Works Standards, and the off street
Parking Design Manual.
APPLICANT SHALL CONTACT THE BNCINITAS FIRE PROTECTION DISTRICT
REGARDING COMPLIANCB WITH THE FOLLOWING CONDITIONS (ITEMS 21
THROUGH 22):
FIRE
21.
All structures shall be fully sprinklered as
Encinitas Fire Protection District's standards.
per
EXISTING STRUCTURE
22.
Provide compliance with Uniform Building code for
property line clearances considering use, area and fire
resistance of existing buildings.
APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT REGARDING
COMPLIANCB WITH THE FOLLOWING CONDITIONS: (ITEMS 23 THROUGH
27):
GRADING
23.
Grading of the subject property shall be in accordance
with the Grading Ordinance.
STREETS AND SIDBWALKS
24.
25.
(The authorized agency may modify City Standards in
particular cases. The application of a request for such
modification must show special circumstances or
conditions affecting the property in question; and that
such modification is necessary for the preservation and
enjoYment of a substantial property right of the
applicant; and that the modification will not be
materially detrimental to the public welfare or injurious
to other property in the immediate vicinity pursuant to
Municipal Code(s).)
Developer shall execute and record a covenant with the
County Recorder agreeing not to oppose the formation of
an assessment district to fund the installation of right-
of-way improvements.
An Irrevocable Offer of Dedication (I.O.D.) shall be made
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for 5 feet along La Mesa adjacent to the property for
public right-of-way purposes.
La Mesa is classified as a local street requiring a 60
foot right-of-way or 30 feet from the official centerline
of such street.
26.
DRAINAGE AND FLOOD CONTROL
27.
A drainage system capable of handling and disposing of
all surface water originating within the development, and
all surface waters that may flow onto the development
from adjacent lands, shall be required. Said drainage
system shall include any easements and structures as
required by the Director of Public Works to properly
handle the drainage.
Concentrated flows across driveways and/or sidewalks
shall not be permitted.
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