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
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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
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