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)