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
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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)