Loading...
1991-20 RESOLUTION NO. L-91-20 A RESOLUTION OF THE LEUCADIA COMMUNITY ADVISORY BOARD APPROVING A MINOR USE PERMIT FOR AN AS-BUILT DETACHED ACCESSORY STRUCTURE OF ONE STORY; 690 SQUARE FEET; AND MAXIMUM HEIGHT OF 15' TO BE USED FOR THE PURPOSES OF A GAME ROOM FOR PROPERTY LOCATED AT 458 EAST GLAUCUS STREET, ENCINITAS (CASE NO. 91-155-MIN; MINOR USE PERMIT) WHEREAS, Carol Hurd applied for a Minor Use Permit to allow an as-built detached accessory structure to be used for the purposes of a game room of a total of 690 square feet and a maximum height of 15' as required by Sections 30.16.010A; 30.48.040G and Section 30.74.070 Minor Use Permits, of the Municipal Code of the City of Encinitas; for property located at 458 East Glaucus Street further described as; That portion of Lot 2 in Block "L" of SOUTH COAST PARK ANNEX, in the County of San Diego, State of California, according to Map thereof No. 1778, filed in the office of the County Recorder of San Diego County, March 29, 1924, described as follows: Beginning at the Southwesterly corner of said Lot; thence Easterly along the Southerly line thereof, 97.00 feet to the TRUE POINT OF BEGINNING; thence continuing along said Southerly line, 103.00 feet; thence Northerly at right angles to said Southerly line to a point in the Northerly line of the Southerly 110.00 feet of said Lot, said Southerly 110.00 feet being measured along the Westerly line of said Lot; thence Westerly parallel with said Southerly line to a point distant thereon 105.00 feet Easterly from the Westerly line of said Lot 4; thence Southerly in a straight line to the TRUE POINT OF BEGINNING. WHEREAS, a public hearing was conducted on the application by the Leucadia Community Advisory Board on October 24, 1991, and all persons desiring to be heard were heard; and DL3: 91-076 6(10/18/91) WHEREAS, evidence was submitted and considered to include without limitation: a. Site plan, floor plan, cross sections and elevations received by the City of Encinitas on August 28, 1991 (being 4 sheets); b. Written information submitted with the application; c. Oral testimony from staff, applicant, and public made a part of the record at said public hearing; d. CAB staff report (91-155-MIN) dated October 18, 1991 which is on file in the Department of Planning and Community Development; and e. Additional written documentation. NOW THEREFORE, BE IT RESOLVED by the Leucadia Community Advisory Board of the City of Encinitas that the Minor Use Permit is hereby approved subject to the following findings: 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. Evidence: The land use and design are consistent with the general plan since detached accessory structures of this nature are allowed in the R-3 zone and the game room is consistent with similar accessory uses in the same zone. As designed the project will not compromise the single family residential nature of the subject lot and/or surrounding neighborhood; it will be compatible with adjacent uses and buildings. The 690 sq. ft. structure is located behind the primary residence to the rear of the lot and is only slightly visible from the street. A five foot setback is maintained on the west property line (side yard) and a 22 foot setback is DL3: 91-076 7(10/18/91) maintained on the northerly property line (rear yard). There are no windows on the westerly side of the building which allows for privacy for both the subject structure and the adjacent residence to the west. The 22' setback proposed from the northerly property line also allows for privacy. The structure is designed to match the existing single family residence in design style, colors and materials. Public facilities, services and utilities to serve the proposed project are available. The site is suitable for the type and intensity of development since the lot is flat and a sizable rear yard area is still maintained for outdoor uses. No information has been submitted which indicates that there will be negative impacts to the environmental quality or natural resources of the City. 2. The impacts of the proposed project will not adversely affect the policies of the Encinitas General Plan or the provisions of this Code. Evidence: The impacts of the proposed project will not adversely affect the policies of the existing Encinitas General Plan or the provisions of this Code, since it is proposed to be constructed to match the existing dwelling, and it will be solely for the private use of the residents and not for rental or other business purposes. 3. The project complies with all other regulations, conditions or policies imposed by this Code. Evidence: The project has been reviewed and conforms and/or has been conditioned to conform to all other appropriate regulations of the City of Encinitas Municipal Code. NOW, THEREFORE, BE IT RESOLVED by the Leucadia Community Advisory Board of the City of Encinitas that: This project was found to be exempt from environmental review, pursuant to Section 15303, Class 3(e) of CEQA. BE IT FURTHER RESOLVED that the Minor Use Permit is approved subject to the following STANDARD conditions: 1. The existing structure shall be brought into conformance with the approved Minor Use Permit within 90 days of the date of approval since the request is for an existing structure. DL3: 91-076 8(10/18/91) 2. This approval may be appealed to the authorized agent within 15 days from the date of this approval. 3. At all times during the effective period of this permit, the applicant shall obtain and maintain in valid force and effect, each and every license and permit required by a governmental agency for the operation of the authorized activity. 4. At no time during the effective period of this permit shall the applicant be delinquent in the payment of taxes or other lawful assessments relating to the property which is the subject of this permit. 5. In the event that any of the conditions of this permit are not satisfied, the Planning Department shall cause a noticed hearing to be set before the authorized agency to determine why the City of Encinitas should not revoke this permit. 6. Upon a showing of compelling public necessity demonstrated at a noticed hearing, the City of Encini tas, acting through the authorized agency, may add, amend, or delete conditions and regulations contained in this permit. 7. Nothing in this permit shall relieve the applicant from complying with the conditions and regulations generally imposed upon activities similarly in nature to the activity authorized by this permit. 8. Nothing in this permit shall authorize the applicant to intensify the authorized activity beyond that which is specifically described in this permit. 9. Approval of this request shall not waive compliance with any sections of the Zoning Development Code and all other applicable City Ordinances in effect at the time of Building Permit issuance. 10. 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 issuance if applicable. 11. All Permits from other agencies will be required when applicable; including but not limited to the Coastal Commission. 12. Project is approved as submitted and shall not be altered without Community Advisory Board review and approval, DL3: 91-076 9(10/18/91) unless such alteration is found to be in substantial conformance with this approval. 13. For new residential construction, the applicant shall pay development fees at the established rate. Such fees may include, but not be limited to: Permit and Plan Checking Fees, Water and Sewer Service Fees, School Fees, Traffic Fees, Drainage Fees and Park Fees. Arrangements to pay these fees shall be made prior to building permit issuance. 14. Prior to building permit issuance 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. 15. Prior to building permit issuance the applicant shall pay all fees associated with the processing and review of the Minor Use Permit to the Planning and Community Development Department. BE IT FURTHER RESOLVED that the Minor Use Permit is approved subject to the following ADDITIONAL conditions: 1. The detached accessory structure for a game room 0 f a total of 690 square feet and a maximum height of 15' located at 458 East Glaucus shall not be used for dwelling purposes. The structure shall not be used as a second dwelling unit or as a bedroom for the primary residence. Cooking facilities, including hot plates and/or microwave ovens, are prohibited. Building permit plans shall state "not to be used for dwelling purposes." The structure shall not be rented and may not be used for the operation of any business unless authorized by a Home Occupation Permit as set forth in Section 30.48.040,M of the City of Encinitas Municipal Code. 2. The applicant shall execute and record a covenant to the satisfaction of the Community Development Department setting forth the terms and conditions of this approval prior to issuance of building permits. 3. The accessory structure is approved in accordance with the site plan, floor plan, building elevations and cross sections dated received by the City of Encinitas on August 28, 1991, on file in the Department of Planning and Community Development. A Minor Use Permit Compliance Review shall be scheduled upon receipt of complaints DL3: 91-076 10(10/18/91) regarding suspected non-compliance wi th the conditions of approval, and a compliance site inspection will be scheduled by the appropriate staff. If it is found that any aspects of the Minor Use Permit are violated, the Code Enforcement Department will be notified and/or staff will schedule the project for a Compliance Review Public Hearing at the Community Advisory Board level for determination of appropriate action. 4. Community Development Department staff shall make unannounced site inspections every 6 months for a period of two years to ensure that the project is in compliance with the conditions of approval. An inspection report summarizing the status of the project shall be submitted to the Leucadia Community Advisory Board for review. 5. The existing trellis attached to the primary residence and the accessory structure shall be removed. 6. Prior to Building Permit issuance the developer shall execute and record a covenant with the County Recorder agreeing not to oppose the formation of an assessment district to fund the installation of right-of-way improvements. 7. A building permit is required for all improvements to the accessory structure. Complete plans will be checked when submitted to plan check. A building permit application shall be submitted within thrity days of the date of approval. PASSED AND ADOPTED this 24th day of October 1991, by the following vote, to wit: Ayes: Boardmembers Jacobson, Eldon, Allen and Buck Nays: None Absent: None Abstain: None of the ATTEST: V 1:2~ð.¿~ DIANE S. LANGAGER Assistant Planner .... DL3: 91-076 11(10/18/91)