1992-08
RESOLUTION NO. CARD 92-08
A RESOLUTION OF THE CARDIFF COMMUNITY ADVISORY BOARD
APPROVING A MINOR USE PERMIT FOR AN
ACCESSORY APARTMENT TO EXCEED
THE 12 FT. HEIGHT LIMIT
AND VARIANCE TO ALLOW SAID ACCESSORY APARTMENT
TO ENCROACH INTO THE REQUIRED 25 FT.
REAR YARD AND INTO THE REQUIRED 10 FT.
SIDE YARD TO WITHIN 3 FT. OF THESE PROPERTY LINES
FOR A DETACHED ACCESSORY APARTMENT
FOR PROPERTY LOCATED AT
1259 SUMMIT PLACE
(CASE NUMBER 92-065MIN/V; COLLO/LEONARD)
WHEREAS, a request for consideration of a Minor Use Permit and
Variance was filed by Steve Collo and Richard Leonard to allow an
Accessory Apartment to exceed 12 ft. in height to encroach into the
required 25 ft. rear yard setback to within 3 ft. of the rear and
side property lines, on a site with an existing detached single
family dwelling per Chapters 30.74 and 30.78 of the City of
Encinitas Municipal Code, for property located 1259 Summit Place,
legally described as:
Portion of Lot 23 of RIDGEWY HEIGHTS, in the County of San
Diego, State of California according to the Map thereof No.
2163, filed in the Office of the County Recorder of San Diego
County, as more particularly described in the subj ect property
title.
WHEREAS, a public hearing was conducted on the application on
May 18, 1992;
WHEREAS, the Community Advisory Board considered:
1.
The staff report dated May 14, 1992:
2. The Minor Use Permit/Variance applications and Statement
of Justification submitted by the applicant dated received
April 28, 1992:
3.
Project plans dated received April 28, 1992:
4.
Oral evidence submitted at the hearing;
5.
written evidence submìtted at the hearing; and
WHEREAS, the Cardiff Community Advisory Board made the
following findings pursuant to Chapter 30.78 of the Encinitas
Municipal Code:
(SEE ATTACHMENT "A")
JK/92065V.RES (5-14-92)
1
NOW, THEREFORE, BE IT RESOLVED by the Cardiff community
Advisory Board of the city of Encinitas that application
92-065MIN/V is hereby approved subject to the following conditions:
(SEE ATTACHMENT "B")
BE IT FURTHER RESOLVED by the Cardiff Community Advisory Board
of the City of Encinitas that:
This project was found exempt from Environmental Review under
sections 15301 (e) and 15303 (a) of the State CEQA guidelines.
PASSED AND ADOPTED this 18th day of May 1992, by the following
vote, to wit:
AYES:
Crimmins, Fullwood, Grossman, Hall, MacFall
NAYS:
None
ABSENT: None
ABSTAIN: None
£)~l M
Bruce Hall
Chairman of the Cardiff
Community Advisory Board
ATTEST:
JK/92065V.RES (5-14-92)
2
Applicant:
Case No.
subject:
Location:
ATTACHMENT "A"
FINDINGS
Resolution No. CARD 92-08
Case No. 92-065MIN/V
Collo/Leonard
92-065MIN/V
Findings for a Minor Use Permit and Variance to
allow an Accessory Apartment to exceed the 12 ft.
height limit for a detached accessory structure,
and to encroach into the required 25 ft. rear and
10 ft. side yard setbacks to within three feet of
property lines.
1259 Summit PI.
1. FINDINGS FOR A VARIANCE
A.
In reference to Municipal Code section 30.78.030
(A), a variance from the terms of the zoning
regulations 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 regulations deprives such property of
privileges enjoyed by other property in the
vicinity and under the same zoning classification.
Facts: The proposal is allow a detached Accessory
Apartment to encroach into the required 25 ft. rear yard
setback and into the required 10 ft. side yard setback to
within 3 ft. of the subject property lines. The subject
R3 Zone specifies a standard lot size of 14,500 sq. ft.;
the project site has a lot size of approximately 11,500
sq. ft. The average lot size in the surrounding area is
larger than the subject lot.
Discussion: The subject parcel is technically
substandard in size and is smaller in size than the
average size of lots in the surrounding area.
Conclusion: The Board finds that the size of the subject
parcel, being substandard, is a special circumstance
which deprives the property owner of privileges enjoyed
by properties in the surrounding area since the project
site has a relatively constrained rear yard area in which
to locate an accessory apartment.
B.
In reference to Municipal Code section 30.78.024
(B), any variance granted shall be subject to such
conditions as will assure that the adjustment
JK/92065V.RES (5-14-92)
3
thereby authorized will not constitute a grant of
special privileges inconsistent with the
limitations upon other properties in the same
vicinity and zone in which property is situated.
Facts: The subject property's square footage is
comparatively less than the average for other properties
in the surrounding area.
Discussion: The site has a relatively restrictive
building envelope which results from a comparatively
small lot. This results in a rear yard which, being
already occupied by a 2-car garage, is relatively
constrained, and cannot accommodate another accessory
structure without necessitating a variance requests from
overall lot coverage and rear yard coverage. The fact
that other properties are larger means they can have an
accessory apartment without a variance, such that the
variance only allows the applicant,the same privileges
enjoyed by surrounding properties, and not special
privileges.
Conclusion: The board finds that the approval of this
Variance request would not constitute a grant of special
privileges since the project site is constrained with a
relatively small building envelope due to lot size.
C.
In reference to Municipal Code section 30.78.024
(C), 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 regulations governing the parcel of
property.
Conclusion: The subject site is zoned Residential-3 and
the proposed Accessory Apartment would maintain a
residential use.
D.
In reference to Municipal Code section 30.78.024
(D), 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 which would be of less significant impact to
the site and adjacent properties than the project
requiring a variance:
2. Is self-induced as a result of an action taken
by the property owner or the owner's predecessor:
JK/92065V.RES (5-14-92)
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3. Would allow such a degree of variation as to
constitute a rezoning or other amendment to the
zoning code;
4. Would authorize or legalize the maintenance of
any public or private nuisance.
1.
Facts:
follow:
possible alternate development plans are as
a. Construct an Accessory Apartment above the existing
residence, or create space inside the existing dwelling
for such an apartment:
b. Fill the space between the elongated sides of the
existing dwelling with an Accessory Apartment, or
construct such an apartment in the rear yard area of the
site.
Discussion: Item "a" above may be
unreasonable alternate, and item lib II
variance from lot coverage limits.
considered an
would require
Conclusion: The Board finds that the Variance request
could not reasonably be avoided by an alternate
development plan since the project as proposed would be
of less impact to the site since the constructing of an
Accessory Apartment above or wi thin the primary residence
is not considered a reasonable option, and since
constructing such an apartment at ground level would
require variance approvals for lot coverage limits.
2.
Facts: The project site is relatively small compared to
nearby properties and is substandard in size, being
approximately 11,500 sq. ft. in size in the R3 district
which specifies a lot size standard of 14,500 sq. ft.
Discussion: The project site is relatively small
compared to nearby properties and is substandard in size.
Conclusion: The Board finds that the Variance is not
self-induced since existing site conditions (lot size)
results in a building envelope and rear yard which is
constrained when compared to other properties in the
area.
3.
Conclusion: The Board finds that this variance would
not constitute a rezoning or other amendment to the
zoning code since the continuation of a residential use
would be consistent with the zoning code.
4.
Conclusion:
The Board finds that this variance would not
JK/92065V.RES (5-14-92)
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legalize the
nuisance.
maintenance
of
any
public
or
private
2. Findings for a Minor Use Permit:
A.
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 adj acent uses, residences, buildings,
structures or natural resources, with consideration given
to, but not limited to:
(1)
(2)
The adequacy of public facilities, services and
utilities to serve the proposed project;
The suitability 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.
(3)
Facts: The proj ect proposes an Accessory Apartment which
would exceed the typical 12 height limit for detached
accessory structures, and would be 24 ft. in height,
located 3 ft. from the rear and side property lines.
The side property line for the project constitutes the
abutting property's rear property line, thus the project
would be adjacent to the rear yard of the property to the
west, and would be located approximately 40 ft. from the
adjacent residence. The project site's rear property
line abuts an adjacent property of .62 acres in the
side/rear yard area (of the adjacent site to the north).
No structures on this property are significantly close to
the location of the proposed development.
Discussion: Although the proposed Accessory Apartment
would be located in close proximity (3 ft.) to the side
and rear property lines, the potential impacts of a 24
ft. tall living unit are substantially mitigated by the
nature of the adjacent properties which have no living
space near the project location.
Conclusion: The Board finds that the proposed Accessory
Apartment will not be incompatible with surrounding land
uses or properties since the location of the project in
relation to adj acent properties and developments is
sufficiently buffered by the rear and side yards of those
properties and all necessary services and utilities are
in place to serve the project.
B.
The impacts of the proposed project will not adversely
affect the policies of the Encinitas General Plan or the
JK/92065V.RES (5-14-92)
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provisions of this Code.
Facts: The primary single family residential use will
continue, and is explicitly permitted in both the General
Plan and Municipal Code.
Discussion: The single family residential use will
continue, and is explicitly permitted in both the General
Plan and Municipal Code.
Conclusion: The Board finds that the proposed Accessory
Apartment will not adversely impact any policies of the
General Plan.
C.
The project complies with all other regulations,
conditions or policies imposed by this Code.
Conclusion: The Board determines that the subject
proposal will comply with all other requirements of this
Code.
JK/92065V.RES (5-14-92)
7
Applicant:
Case No.
subject:
Location:
ATTACHMENT "B"
CONDITIONS OF APPROVAL
Resolution No. CARD 92-08
Case No. 92-065MIN/V
Collo/Leonard
92-065MIN/V
Conditions of approval for a Minor Use Permit and
Variance to allow an Accessory Apartment to exceed
the 12 ft. height limit for a detached accessory
structure, and to encroach into the required 25 ft.
rear and 10 ft. side yard setbacks to within 3 ft.
of the property lines.
1259 Summit PI.
1.
GENERAL CONDITIONS
A.
B.
C.
D.
E.
F.
G.
Unless substantial construction has been completed in
reliance upon this Variance approval within one year, the
Variance approval will expire on May 18, 1993, and the
Minor Use Permit will expire on May 18,1994 at 5:00 p.m.
unless the conditions have been met or an extension has
been approved by the Authorized Agency.
This approval may be appealed to the authorized agent
within 15 days from the date of this approval.
The project is approved as submitted and shall not be
altered without review and approval by the authorized
agency.
Nothing in this permit shall relieve the applicant from
complying with the conditions and regulations generally
imposed upon activities similar in nature to the activity
authorized by this permit:
Approval of this request shall not waive compliance with
any sections of the Zoning 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 submittal.
Permits from other agencies will be required as follows:
JK/92065V.RES (5-14-92)
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H.
G.
2.
A.
- California Coastal Commission
In the event that the conditions of this permit are not
satisfied, the Planning Department shall cause a noticed
hearing to be set before the Community Advisory Board to
determine why the city should not revoke this permit.
The applicant shall be caused to be recorded a covenant
regarding real property which sets forth this grant of
approval. The covenant shall be in form and content
satisfactory to the Director of Planning and community
Development.
SPECIFIC CONDITIONS
Prior to final inspection of building permit, the
applicant shall cause to be recorded a covenant which
limits the occupancy of the accessory apartment to
persons of 62 years of age or older.
B.
The development plans for building permit for subject
accessory apartment shall show conformance with parking
requirements. Specifically, that an additional parking
space be shown either in front of the existing garage or
in the front yard area.
C.
One of the dwelling units shall be occupied by the
property owner. The dwelling unit not occupied by the
property owner shall be only occupied by persons meeting
the limitation as stated above in condition 2A.
D.
Separate sale or ownership of accessory apartment from
the primary dwelling on a lot or parcel is prohibited.
E.
On a form provided by the Department of Planning and
Community Development, 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 Code Enforcement
Officer in order to verify occupancy and 2) that owner
furnish a new affidavit to said officer upon request.
F.
Prior to issuance of a building permit for the accessory
apartment, the owner shall submit a notarized recorded
copy of an agreement between the owner and the City of
Encinitas on a form provided by the Department of
Planning and Community Development. Said agreement shall
by filed with and become a permanent part of the minor
use permit which granted the Accessory Apartment.
G.
On a form provided by the Department of Planning and
JK/92065V.RES (5-14-92)
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Community Development, subsequent owners shall be
required to file an affidavit to establish eligibility
before occupying the second living unit on said property.
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND
COMMUNITY DEVELOPMENT REGARDING COMPLIANCE WITH THE FOLLOWING
CONDITIONS:
2.
SITE DEVELOPMENT
A.
B.
Prior to issuance of building permits, all appropriate
conditions of approval contained herein shall be
completed to the satisfaction of the Director of
Community Development. Other conditions shall be
satisfied prior to final inspection.
A plan shall be submitted for approval by the Director of
Planning and community Development and the Encinitas Fire
Protection District regarding the treatment of the site
during the construction phase, and the circulation and
parking of construction workers' vehicles and any heavy
equipment needed for the construction of the project.
C.
All cost recovery fees associated with the processing of
the subject application shall be paid to the Department
of Planning and Community Development prior to the
issuance of building permits.
THESE ITEMS MUST BE COMPLETED PRIOR TO FINAL FIRE DISTRICT
APPROVAL. APPLICANT SHALL CONTACT THE ENCINITAS FIRE
PROTECTION DISTRICT REGARDING COMPLIANCE WITH THE FOLLOWING
CONDITIONS:
3.
FIRE
A.
Address numbers shall be clearly visible from the street
fronting the structure. Height of numbers shall conform
to Fire District Standards. Where structures are located
off a roadway on long driveways, a monument marker shall
be placed at the entrance where the driveway intersects
the main roadway. Permanent numbers shall be affixed to
this marker.
B.
Prior to final recordation or development approval, the
applicant shall submit to the Planning Department 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 Fire
District.
JK/92065V.RES (5-14-92)
10
C.
All new structures shall be protected by an automatic
fire sprinkler system. sprinkler systems shall be
installed to the satisfaction of the Fire District.
APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
4.
Public Works
utilities
A. The owner shall comply with all the rules, regulations and
design requirements of the respective utility agencies
regarding services to the project.
C. The owner shall be responsible for coordination with S. D. G
& E., Pacific Telephone, and Cable TV authorities.
D. All proposed utilities within the project shall be
installed underground including existing utilities unless
exempt by the Municipal Code.
JK/92065V.RES (5-14-92)
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