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1990-03 RESOLUTION NO. OE90-03 A RESOLUTION OF THE OLD ENCINITAS COMMUNITY ADVISORY BOARD APPROVING A MINOR USE PERMIT TO CONSTRUCT A I 640 SQUARE FOOT ACCESSORY APARTMENT AT 801 SAN DIEGUITO DRIVE (Case No. 90-020 MIN) WHEREAS, Robert Gay applied for a Minor Use Permit per section 30.48.040 Wand Chapter 30.74 (Use Permits) of the Municipal Code of the city of Encinitas; and, WHEREAS, the property is located at 801 San Dieguito Drive legally described as: THE NORTH HALF OF LOT 14 IN BLOCK "H" OF ENCINITAS, HIGHLANDS, ACCORDING TO MAP THEREOF NO. 2141, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 4TH, 1928. WHEREAS, a public hearing was conducted on the application on March 15, 1990; and WHEREAS, the Community Advisory Board considered without limitation; 1. The staff report dated March 5, 1990; 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 Old Encinitas Community Advisory Board made the required findings pursuant to Chapter 30.74 (Use Permits). TC/03/CAB17-1702WP5 6(4-02-90/4) (See Attachment "A") Advisory Board of the City of Encinitas that application 90-020 MIN NOW, THEREFORE, BE IT RESOLVED by the Old Encinitas Community is hereby approved subject to the following conditions: I. 7. 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 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 or lessee either directly in writing or by copy of covenant recorded on the title of the restrictions relative to the accessory apartment. 2. The structure shall maintain the character of the single family residential neighborhood. 3. Applicable building and other codes, and zoning requirements (including main building setbacks) shall apply to the accessory apartment, excluding density regulations, and any new construction on site. 4. Off-street parking shall be provided pursuant to the parking regulations. and maintained 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. 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 TC/03/CAB17-1702WP5 7(4-02-90/4) II. 8. 9. 10. 11. 12. related by prohibited. marriage or adoption) blood, shall be All on-site exterior lighting shall be shielded such that no direct light shines into adjacent properties. The applicant shall install "turfcrete" or equivalent surface within the side yard parking area prior to final occupancy with a concrete pathway or sidewalk within that area for pedestrian access. The existing 3 ft. high chainlink fence presently encroaching within the 9 ft. side yard parking area and approach shall be removed such that the area will be maintained at an unobstructed 9 ft. width. The applicant shall install a 6 ft. wood fence and gate to match the existing fence along the lot line to run between that fence and the southwest corner of the existing residence prior to final occupancy. The landscape plan shall be revised to include at least 3 additional Rhus Integrifolia trees in the east yard area along the east-facing facade of the house. 13. GENERAL CONDITIONS: 14. 15. 16. 17. 18. 19. This approval may be appealed to the authorized agency within 15 calendar days from the date of this approval. 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. Upon a showing of compelling public necessity demonstrated at a noticed hearing, the City of Encinitas, acting through the authorized agency, any 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. Permits or findings of exemption shall be obtained from other agencies as follows: a. Coastal Commission The application is approved as submitted and shall not be altered without authorized agency review and approval. TC/03/CAB17-1702WP5 8(4-02-90/4) APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: (16-20) III. SITE DEVELOPMENT: Drainaqe Conditions: 20. Concentrated flows across driveways shall not be permitted. and/or sidewalks street Conditions: 21. 22. An Irrevocable Offer of Dedication (I.O.D.) shall be made for 10 feet along San Dieguito Drive adjacent to the property for public right-of-way purposes. 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. utilities: 23. 24. The developer shall comply with all rules, regulations and design requirements of the respective sewer and water agencies regarding services to the project. The developer shall be responsible for coordination with SDG&E, Pacific Telephone, and Cable TV authorities. APPLICANT SHALL CONTACT THE FIRE PREVENTION DISTRICT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: (21-23) IV. FIRE PREVENTION: 25. 26. 27. 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. Structure shall be protected by automatic fire sprinkler systems. Sprinkler systems shall be installed to the satisfaction of the Encinitas Fire Protection District. Prior to final recordation, the applicant shall submit a letter from the Fire District stating that all development impact, plan check and/or cost recovery fees have been paid or secured to the satisfaction of the District. Board of the BE IT FURTHER RESOLVED by the Old Encinitas Community Advisory City of Encinitas that: TC/03/CAB17-1702WP5 9(4-02-90/4) This project was found to be exempt from environmental review per Section 15303 (b) of CEQA; PASSED AND ADOPTED this 15th day of March, 1990 by the following vote, to wit: AYES: NAYS: ABSENT: ABSTAIN: ';~ tv- (. í2 ~ Peter Tobias, Chairperson of the Old Encinitas Community Advisory Board ATTEST: ~~ Tom Curriden, Associate Planner TC/05/CAB17-1702WP5 10(3-19-90/3) RESOLUTION NO. OE90-03 ATTACHMENT "A" Findings: The findings necessary to approve a Minor Use Permit are as follows: Zoning Ordinance section 30.74.070: 1. 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: a. The adequacy of public facilities, utilities to serve the proposed project; services and b. The suitability of the site for the type and intensity of use or development which is proposed; and c. The harmful effect, if any, upon environmental quality and natural resources of the city; and Evidence: 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 feasibility. 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. 2. The impacts of the proposed project will not adversely affect the policies of the Encinitas General Plan or the provisions of this Code; and Evidence: The proj ect conforms to the General Plan policies and Zoning Code development standards. The project will still maintain the general character of a single family residential neighborhood in that the materials used will match the existing residence and the main dwelling will screen the proposed accessory apartment to a degree that little or none of the apartment will be visible from the street. 3. The project complies with all other regulations, conditions or policies imposed by this Code. Evidence: The project will comply with all zoning code requirements pertinent to the type of development proposed. since the resolution contains standard conditions that must be satisfied to approve an accessory apartment. TC/03/CAB17-1702WP5 11(4-02-90/4)