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1990-17 RESOLUTION NO. 17 A RESOLUTION OF THE OLD ENCINITAS COMMUNITY ADVISORY BOARD APPROVING A MINOR USE PERMIT TO CONSTRUCT A 520 SQUARE FOOT ACCESSORY APARTMENT AT 1175 EVERGREEN DRIVE (Case No. 90-159 MIN) WHEREAS, Patrick Shea applied for a Minor Use Permit per section 30.48.040 w and Chapter 30.74 (Use permi ts) of the Municipal Code of the City of Encinitas; and, WHEREAS, the property is located at 1175 Evergreen Drive; and WHEREAS, a public hearing was conducted on the application on August 16, 1990; and WHEREAS, the community Advisory Board considered without limitation; 1. The staff report dated July 26, 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). (See Attachment "A") TC/05/CAB17-1946WP5 5(8/17/90-3) NOW, THEREFORE, BE IT RESOLVED by the Old Encinitas community Advisory Board of the City of Encinitas that application 90-159 MIN 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 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. The separate sale or ownership of the accessory apartment from the primary dwelling on a lot or parcel is prohibited. 5. 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. 6. 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. 7. All on-site exterior lighting shall be shielded such that no direct light shines into adjacent properties. TC/05/CAB17-1946WP5 6(8/17/90-3) 8. The developer shall install 3 trees to the satisfaction of the Community Development Department prior to final occupancy, as follows: 2 trees shall be placed in the front (west) yard area and 1 tree shall be placed in the south side yard area, a~- or near the south rear portion of the structure. Said trees shall either be (1) Eucalyptus of a minimum 15 gallon size, or (2) an alternative species of a minimum 36 inch box size. If an alternative species is selected, those trees must be of a variety which will achieve a minimum 30 ft. height upon maturity and shall be verified by the Community Development Department as a moderate to fast growing species. II. GENERAL CONDITIONS: 8. 9. 10. 11. 12. 13. 14. 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 wi thou t author i z ed agency rev i ew and a pprova I . APPLICANT SHALL CONTACT THE FIRE PREVENTION DISTRICT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: (21-23) 15. FIRE PREVENTION: IV. 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 TC/05/CAB17-1946WP5 7(8/17/90-3) roadway. Permanent address numbers shall be displayed on this monument. 16. structure shall be protected by automatic fire sprinkler systems. Sprinkler systems shall be installed to the satisfaction of the Encinitas Fire Protection District. 17. 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. BE IT FURTHER RESOLVED by the Old Encinitas Community Advisory Board of the City of Encinitas that: This project was found to be exempt from environmental review per section 15303 (b) of CEQA; PASSED AND ADOPTED this 16th day of August, 1990 by the following vote, to wit: AYES: Birnbaum, Steyaert, Townsend NAYS: None ABSENT: Rotsheck, Tobias ,- (-) ( d \ ¡ ¡ \ i I~ . ì/~___- Peter Tobias, Chairperson of the Old Encinitas Community Advisory Board ABSTAIN: None ATTEST: . .--7 ./? . / /1' .</ /-/~ ~~ Tom Curriden, Associate Planner TC/05/CAB17-1946WP5 8(8/17/90-3) RESOLUTION NO. OE90-17 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 project conforms to the General Plan policies and Zoning Code development standards. The project will still maintain the general character of a residential neighborhood in that the materials and architecture proposed will match the existing residence. 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/05/CAB17-1946WP5 9(8/17/90-3)