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1991-16 RESOLUTION NO. L-91-16 A RESOLUTION OF THE LEUCADIA COMMUNITY ADVISORY BOARD APPROVING A MINOR USE PERMIT FOR A DETACHED ACCESSORY STRUCTURE OF ONE STORY; 1200 SQUARE FEET; AND MAXIMUM HEIGHT OF 17' 3" FOR THE PURPOSES OF AN ARTIST STUDIO FOR PROPERTY LOCATED AT 1247 SAXONY ROAD, ENCINITAS (CASE NO. 91-106-MIN; MINOR USE PERMIT) WHEREAS, Bretthauer Design Group on behalf of Walker A. Jensen applied for a Minor Use Permit to allow a detached accessory structure for the purpose of an artist studio of a total of 1200 square feet and a maximum height of 17' 3" 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 1247 Saxony Road further described as; That portion of Lot 12 of Hillside Acres, in the County of San Diego, State of California, according to Map thereof No. 1992, filed in the office of the County Recorder of San Diego County, January 25, 1927, lying northerly of a line which bears North 89° 49' 30" west from a point on the easterly line of said lot 12, distant thereon South 00° OS' 30" West 135.31 feet from the northeast corner of said Lot 12. WHEREAS, a public hearing was conducted on the application by the Leucadia Community Advisory Board on August 8, 1991, and all persons desiring to be heard were heard; and WHEREAS, evidence was submitted and considered to include without limitation: a. Site plan, floor plan, and elevations received by the City of Encinitas on June 21, 1991 (being 3 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 (91-106-MIN) dated August 1,1991, which DL2: 91-051 6(8/1/91) 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 pu~lic 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 proposed are consistent with the general plan since detached accessory structures of this nature are allowed in the rural zone and the studio proposed is consistent with similar accessory uses in the same zone and neighborhood. As designed the proposed 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 proposed 1200 sq. ft. structure will be located at the bottom of steep lot and will be screened from adjacent properties and will not be visible from Saxony Road. 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 a small pad already exists where the structure will be placed, only minimal grading will be required to accommodate the foundation of the proposed structure. 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 DL2: 91-051 7(8/1/91) 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 does 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. This approval will expire on August 8, 1993, after the approval of this project unless the conditions have been met or an extension has been approved by the Authorized Agency; 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 DL2: 91-051 8(8/1/91) are not satisfied, the Planning Department shall cause a noticed hearing to be sent 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 Encinitas, 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. This approval shall become null and void if building permits are not issued for this project within two years from the date of project approval, if applicable; 12. All Permits from other agencies will be required when applicable; and 13. Project is approved as submitted and shall not be altered without Community Advisory Board review and approval. 14. 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. 15. 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 DL2: 91-051 9(8/1/91) and/or cost recovery fees have been paid or secured to the satisfaction of the Fire District. BE IT FURTHER RESOLVED that the Minor Use Permit is approved subject to the following ADDITIONAL conditions: 1. The detached accessory structure for an artist studio of a total of 1200 square feet and a maximum height of 17' 3" located at 1247 Saxony Road shall not be used for dwelling purposes. Building permit plans shall state "not to be used for dwelling purposes." 2. The proposed structure will be constructed to match the existing single family residence on the site as shown on the plans dated received by the City on June 21, 1991 and on file in the Department of Planning and Community Development. The colors and materials used shall be of light brown horizontal V-Groove siding, bronze anodized aluminum frame windows, natural wood and bronze anodized aluminum doors and black or dark grey composition shingle roofing as referenced in the project application. 3. A covenant shall be recorded in the office of the County Recorder agreeing that 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 setforth in Section 30.48.040,M of the City of Encinitas Municipal Code. 4. 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. DL2: 91-051 10(8/1/91) PASSED AND ADOPTED this 8th day of August 1991, by the following vote, to wit: Ayes: Allen, Buck, Gilholm, Eldon Nays: None Absent: Jacobson Abstain: None fh/¡ lA : J\D J '-11. ~ ~ ALICE JACOBSON, Chairperson f the Leucadia Community Advisory Board ATTEST: ~ 1/(. ()~ FoR DIANE S. LANGAGER, Assistant Planner DL2: 91-051 11(8/1/91)