1990-18
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RESOLUTION NO. OE90-18
A RESOLUTION OF THE OLD ENCINITAS
COMMUNITY ADVISORY BOARD
APPROVING A MINOR USE PERMIT
TO CONSTRUCT A 528 SQUARE FOOT
ACCESSORY APARTMENT AT 1045 SAN DIEGUITO
DRIVE
(Case No. 90-172 MIN)
WHEREAS, Paul Gagliardo applied for a Minor Use Permit per
Section
30.48.040
and
W
Chapter
Permi ts)
30.74
(Use
of
the
Municipal Code of the City of Encinitas; and,
WHEREAS, the property is located at 1045 San Dieguito Drive;
and
WHEREAS, a public hearing was conducted on the application on
September 13, 1990; and
WHEREAS,
the
Community Advisory
Board
considered without
limitation;
1.
The staff report dated August
29, 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")
NOW, THEREFORE, BE IT RESOLVED by the Old Encinitas Community
Advisory Board of the city of Encinitas that application 90-172 MIN
is hereby approved subject to the following conditions:
JK/jm/CAB23-1975WP5
6(8/31/90/2)
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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.
JK/jm/CAB23-1975WP5
7(8/31/90/2)
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II.
12.
13.
14.
GENERAL CONDITIONS:
8.
This approval may be appealed to the authorized agency
within 15 calendar days from the date of this approval.
9.
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.
10.
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.
11.
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.
APPLICANT SHALL CONTACT THE FIRE PREVENTION DISTRICT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
15.
FIRE PREVENTION:
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.
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.
JK/jm/CAB23-1975WP5
8(8/31/90/2)
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BE IT FURTHER RESOLVED by the Olp 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 13th day of September, 1990 by the
following vote, to wit:
AYES:
Rotsheck, Steyaert, Tobias
NAYS:
None
ABSENT: Birnbaum, Townsend
ABSTAIN: None
'/7 I /
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Peter Tobias, Chairperson
of the Old Encinitas
Community Advisory Board
ATTEST:
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Tom Cur aen, Associate Planner
JK/jm/CAB23-1975WP5
9(8/31/90/2)
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RESOLUTION NO. OE 90-liL
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, services and utilities
to serve the proposed project;
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 utili ties and their
extension to the accessory apartment is feasible. The board
can identify no reason why the proposal would be unsuitable
for the site or result 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 color of the accessory apartment
will match the existing residence, and. \...-,' the accessory
apartment has low visibility 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.
JK/jm/CAB23-1975WP5
10(8/31/90/2)