1991-10
RESOLUTION NO. OE91- 10
A RESOLUTION OF THE OLD ENCINITAS
COMMUNITY ADVISORY BOARD
APPROVING A MINOR USE PERMIT
FOR A 704 SQUARE FOOT
ACCESSORY STRUCTURE APARTMENT AT 255 LAVETA AVENUE
(Case No. 90-045 MIN)
WHEREAS, Michael S. McCamy applied for a Minor Use Permit per
section 30.48.040 W and Chapter 30.74 (Use Permits) of the
Municipal Code of the City of Encinitas for the property located
at 255 LaVeta Avenue, legally described as: Lot 10 of Block B of
North Encinitas, according to the map thereof No. 1845, filed in
the Office of the San Diego County Recorder; and
WHEREAS, a public hearing was conducted on the application on
April 25, 1991; and
WHEREAS, the Community Advisory Board considered without
limitation;
1. The staff report dated April 18, 1991
2. The adopted General Plan, Zoning Code and associated Land Use
Maps;
3. Oral evidence submitted at the hearing;
4. Written evidence submitted at the hearing;
5. Documentation and site plans submitted by the applicant dated
received March 1, 1991; and
WHEREAS, the Old Encinitas Community Advisory Board made the
required findings pursuant to Chapter 30.74 (Use Permits).
(See Attachment "A")
MN/02/CAB23-3040wp5 6(4-19-91/1)
NOW, THEREFORE, BE IT RESOLVED by the Old Encinitas Community
Advisory Board of the City of Encinitas that application 90-045 MIN
is hereby approved subject to the following conditions:
I. SPECIFIC CONDITIONS:
1. The applicant shall execute and record, to the
satisfaction of the Director of Planning and Community
Development, a ,covenant which shall remain with the title
to the property; said covenant shall specify the
conditions of this approval.
2. Applicable building and other codes, and zoning
requirements (including main building setbacks) shall
apply to the accessory structure, and any new
construction on site.
3. All on-site exterior lighting shall be shielded such that
no direct light shines into adjacent properties.
4. Permits from other agencies will be required as follows:
a. Coastal Commission
5. Prior to final occupancy, the applicant shall pay all
applicable fees, including but not limited to:
a. Drainage fee
b. School fees
c. Planning Department processing fees
APPLICANT SHALL CONTACT THE FIRE PREVENTION DISTRICT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS: (21-23)
II. BUILDING DEPARTMENT:
6. New area appears habitable and requires heating.
However, if structure is intended to be non-habitable,
clearly state on plans, "workshop - NOT habitable."
Structural calls requirements for modified truss. A
complete plan check with additional comments will be done
when plans are submitted for plan check to the Building
Department.
III. FIRE PREVENTION:
7. structure shall not be used as a dwelling unit.
8. Address numbers shall be clearly visible from the street
fronting the structure. Where structures are located off
a roadway on long driveways, a monument shall be placed
at the entrance where the driveway intersects the main
MN/02/CAB23-3040wp57(4-19-91/1)
roadway. Permanent address numbers shall be displayed
on this monument.
9. Prior to final inspection, 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. .
city Engineer
10. Three (3) feet shall be dedicated by the developer along
the subdivision frontage based on a center line to right-
of-way width of 28 feet and in conformance with city of
Encinitas Standards.
11. 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.
Be it further resolved by the Old Encinitas Community Advisory
Board that:
This project was found to be exempt from environmental review
per Section 15301 (e) of CEQA;
PASSED AND ADOPTED this 25th day of April, 1991 by the
following vote, to wit:
AYES: Cartwright, Lewis, Steyaert
NAYS: None
ABSENT: Cowen
ABSTAIN: None
Vir niaCartwrightChairperson
of he Old Encinitas
Co munity Advisory Board
ATTEST:
~~.
Tom Curriden, Associate Planner
MN/02/CAB23-3040wp5 8(4-19-91/1)
RESOLUTION NO. OE91- 10
ATTACHMENT "A"
Findings: The findings necessary to approve a Minor Use
Permit are as follows:
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; and
Evidence: The proposed project is a residential
accessory use consistent with surrounding uses. The
existing single family structure is currently served by
all utilities. The board can identify no reason why the
proposal would be unsuitable for the site or pose a
harmful effect upon environmental quality or natural
resources.
2. The impacts of the proposed project will not adversely
affect the policies of the Encinitas General Plan or the
provisions of this Code; and .
Evidence: The project conforms to the General Plan
policies and Zoning Code development standards. The
project will maintain the general character of a
residential neighborhood in that the materials and
architecture proposed will match the existing residence.
3. The project complies with all other regulations,
conditions or policies imposed by this Code.
Evidence: The project will comply with all zoning code
requirements pertinent to the type of development
proposed. Since the resolution contains standard
conditions that must be satisfied to approve an accessory
structure.
.
MN/02/CAB23-3040wp5 9(4-19-91/1)