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
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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.
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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
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