Loading...
1995-033CITY OF ENCINITAS COMMUNITY DEVELOPMENT DEPARTMENT 505 So. Vulcan Avenue Encinitas, CA 92024 (619) 633-2710 NOTICE OF DECISION DCD-95-033 June 22, 1995 This letter is to inform you that the Director of Community Development has approved your application for: 95-122 MIN (Rilling) Minor Use Permit request to allow a detached garage to exceed standard height limitations, for property located at 1761 Eucalyptus Avenue (APN 254-072-05). Project Description and Discussion: The standard height limitation for a detached accessory building located outside of the main building envelope (i.e. in the rear yard setback) is 12 ft., as per Municipal Code Sections 30.16.010E-3 and 30.48.040-G. The applicant proposes a detached 3-car garage of 790 sq. ft. The garage will have a steeply sloping roof-pitch (12/12) to match the primary residence, resulting in a total height of 22 ft. from grade to peak of roof. The approved plans also provide for a "future office loft". The applicant is on notice that this future space may not be utilized for habitation purposes without appropriate permits, as conditioned below. An administrative hearing was conducted on June 22, 1995, with the applicant present. No other persons were present and no adverse comments were received regarding the project. A standard 300 ft. radius notification was sent for the project, with no adverse comments being received. Community Development Staff determines that the application may be approved, as per the findings and conditions delineated below. This approval is subject to the following findings, pursuant to section 30.74.070 of the City of Encinitas Municipal Code: 1. The location, size, design or operating characteristics of the proposed project will be compatible 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 JK/95122MIN.DEC (6-22-95) 1 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; FINDING: Municipal Code Section 30.48.040-G authorizes detached garages which are located in the rear yard setback to exceed the standard 12 ft. height limitation with the approval of a Minor Use Permit. The application proposes a garage of 22 ft. The project site is occupied with a single family dwelling, which has an attached one-car garage which is used for storage purposes. The dwelling is serviced by all necessary public facilities. The Community Development Department determines that the proposed development plan will be compatible with and will not adversely affect and will not be materially detrimental to adjacent properties since the project proposes a detached garage which is in character with the primary residence, and with the residential character of the surrounding area. The proposed development conforms with all other development standards, such as lot coverage (28%) and setbacks (5 ft. rear and interior side setbacks are permitted for such detached accessory buildings). 2. The impacts of the proposed project will not adversely affect the policies of the Encinitas General Plan or the provisions of the Municipal Code; FINDING: Sections 30.16.010E-3 and 30.48.040-G. of the Municipal Code permit detached garages in excess of standard height limitations, provided that the findings for a use permit can be made. This decision finds that the request for minor use permit satisfies all applicable standards. 3. The project complies with all other regulations, conditions or policies imposed by the Municipal Code. FINDING: The Municipal (Zoning) Code permits such accessory uses with the approval of a minor use permit. The project conforms in all other aspects with the development standards of the Municipal Code. 4. The project is found to be exempt from Environmental Review, per CEQA Section 15303(e). 5. The project is found to be exempt from Coastal Development Permit, as per Section 30.80.050-A of the Municipal Code. JK/95122MIN.DEC (6-22-95) 2 This approval is subject to the following conditions: 1. The approved minor use permit for a detached garage of 790 sq. ft. shall conform to the application submitted to the City and dated received on May 26, 1995, and shall not be modified without prior City approval. 2. This use permit approval shall be valid for two years after the date of this approval. A building permit application must be submitted prior to June 22, 1995, unless an extension is approved. 3. Prior to the issuance of a building permit for the accessory structure, the applicant shall cause to be recorded a covenant in form and content satisfactory to the Director of Community Development regarding real property which sets forth this grant of approval. 4. In the event that any of the conditions of this permit are not satisfied, the Community Development Department may cause a noticed hearing to be set by the authorized agency to determine why the City of Encinitas should not re-review this permit. 5. The "future office loft" shall not be used for habitation purposes without benefit of applicable permits. 6. Any on-site trailer or mobile homes shall not be used for dwelling purposes. APPLICANT SHALL CONTACT THE ENCINITAS FIRE PROTECTION DISTRICT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 7. Prior to the granting of final recordation or development approval, 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. In accordance with the provisions of the Municipal Code, this decision may be appealed to the city council within fifteen (15) calendar days of the date of this determination. This notice constitutes a decision of the Community Development Department only. Additional permits, including Building Permits, may be required by the Building Department or other City Departments. It is the property owner or applicant's responsibility to obtain all necessary permits required for the type of project proposed. If you have any questions regarding this determination, please contact Jim Kennedy at the Community Development Department by telephoning (619) 633-2715. Sandra Holder Community Development Director JK/95122MIN.DEC (6-22-95) 3