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1992-02 RESOLUTION NO. OE92-02 A RESOLUTION OF THE OLD ENCINITAS COMMUNITY ADVISORY BOARD APPROVING A MINOR USE PERMIT FOR A 1,650 SQ FT GUEST HOUSE FOR PROPERTY LOCATED AT 435 ORPHEUS AVENUE (CASE NUMBER 91-222 MIN) WHEREAS, a request for consideration of a Minor Use Permit was filed by Mr. Michael Kelley for a 1,650 sq ft guest house on an existing residential lot in the R-3 zone per Chapters 30.48 and 30.74 of the City of Encinitas Municipal Code, for the property located at 435 Orpheus Avenue, legally described as: That portion of Lot 5 of Gross Subdivision, according to Map thereof No. 3307, filed in the Office of the County Recorde~ of San Diego County October 4, 1955. WHEREAS, a public hearing was conducted on the application on January 28, 1992; WHEREAS, the Community Advisory Board considered: 1. The staff report dated January 21, 1992; 2. The application, site plan, floor plan, elevations and statement of Justification submitted by the applicant dated received December 20, 1991; 3. Oral evidence submitted at the hearing; 4. written evidence submitted at the hearing; and WHEREAS, the Old Encinitas Community Advisory Board made the following findings pursuant to Chapter 30.74 of the Encinitas Municipal Code: (SEE ATTACHMENT "A") NOW, THEREFORE, BE IT RESOLVED by the Old Encinitas Community Advisory Board of the City of Encinitas that application 91-222 MIN is hereby approved subject to the following conditions: (SEE ATTACHMENT "B") BE IT FURTHER RESOLVED by the Old Encinitas Community Advisory Board of the city of Encinitas that: This project was found to be exempt from environmental review under Section 15303 of the State CEQA Guidelines. MN\91222MIN.RES (1-21-92) 1 I PASSED AND ADOPTED this 28th day of January 1992, by the following vote, to wit: AYES: Cartwright, Birnbaum, Cowen NAYS: None ABSENT: Steyaert, Lewis ABSTAIN: None vi ginia artwright, C airperson of e Old Encinitas Community Advisory Board ATTEST: -= ~ /~ Tom Curriden Associate Planner . MN\91222MIN.RES (1-21-92) 2 I ATTACHMENT "AII Resolution No. OE92-02 Case No. 91-222 MIN Applicant: Michael Kelley Findings for a Minor Use Permit: The following findings must be made by the authorized agency to warrant approval of the Minor Use Permit in accordance with section 30.74.070 of the Municipal Code: 1. In reference to the Municipal Code section 30.74.070B1, 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 adj acent 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; Facts: The proposal is for a 1,650 sq ft guest house on a .94 acre lot which presently contains an existing residence. The guest house is proposed to be constructed 10 ft from the south interior side yard and 12 ft from the existing house (although it will technically be attached with a breezeway spanning the two structures). Discussion: The proposed guest house is accessory to the main residence on the property and is compatible with the low density character of the surrounding neighborhood. All public utilities are provided on-site and no additional services will need to be provided. There is an existing graded pad available for the detached guest house (since the greenhouse on the site is proposed to be removed) and no negative impacts on adjacent properties or to the environment have been identified. conclusion: Therefore, the Board finds that the project is compatible with the surrounding neighborhood and no negative impacts can be identified. MN\91222MIN.SR (1-21-92) 5 2. In reference to the Municipal Code Section 30.74.070B2, the impacts of the proposed project will not adversely affect the policies of the Encinitas General Plan or the provisions of this Code. Facts: This proposal is for a guest house adj acent to an existing single family home on a residential lot in the R-3 zone. Discussion: The Municipal Code and the policies of the General Plan explicitly provide for guest houses on lots a minimum of 10,000 sq ft in area. Conclusions: Therefore, this project is consistent with the Municipal Code and the Policies of the General Plan. 3. In reference to the Municipal Code Section 30.74.070B3, the project complies with all other regulations, conditions or policies imposed by this Code. Facts: This proposal is for a guest house adjacent to an existing single family residence in the R-3 zone. Discussion: The proposed guest house conforms with all regulations within the Municipal Code including building setbacks, height, parking requirements and lot coverage. The project is conditioned to require that the guest house be made available to guests on a temporary basis, that no kitchen facilities be provided, and that a covenant be recorded which sets forth these conditions. Conclusions: Therefore, the proposed guest house will comply with other conditions or policies imposed by this Code. MN\91222MIN.SR (1-21-92) 6 RESOLUTION NO. OE92-02 CONDITIONS OF APPROVAL ATTACHMENT "B" Applicant: Kelley Case No: 91-222 MIN Subject: Minor Use Permit for a 1,650 sq. ft. guest house on existing .94 acre residential lot in the R-3 Zone. Location: 435 Orpheus Avenue I. SPECIFIC CONDITIONS A. Prior to permit issuance, the applicant shall record a covenant which sets forth the conditions and use limitations of this approval. The Guest House shall comply with the following definition: "Guest House shall mean an accessory building which is designed to be occupied by one or more guests on a temporary basis (no more than 30 consecutive days) which has no kitchen facilities and is not rented or otherwise used as a separate dwelling." II. STANDARD CONDITIONS 1. GENERAL CONDITIONS A. This approval will expire in two years on January 28, 1994, at 5:00 p.m. unless the conditions have been met or an extension has been approved by the Authorized Agency. B. This approval may be appealed to the Planning Commission within 15 calendar days from the date of this approval. C. Approval of this request shall not waive compliance with any sections of the Zoning Code and all other applicable City Ordinances in effect at the time of Building Permit issuance unless specifically waived here. D. 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 unless specifically waived here. MN/04/CRO10-888wp51 (1-31-92/1) I E. 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. F. Permits from other agencies will be required as follows: state Coastal Commission G. Project is approved as submitted/modified as evidenced by the site plan dated received by the City of Encinitas on December 20, 1991 and signed by a City Official as approved by the Old Encinitas Community Advisory Board on January 28, 1992 and shall not be altered without Planning and Community Development Department review and approval. H. Nothing in this permit shall authorize the applicant to intensify the authorized activity beyond that which is specifically described in this permit. I. Prior to Building Permit, the applicant shall prepare a covenant which sets forth the conditions of this approval. APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 2. SITE DEVELOPMENT A. site shall be developed in accordance with the approved site plan which is dated and signed as approved on January 28, 1992 by the Old Encinitas Community Advisory Board and which is on file in the Planning and Community Development Department and the conditions contained herein. 3. PARKING AND VEHICULAR ACCESS A. Driveways shall meet the standards of the Zoning Ordinance, Public Works Standards, and the Offstreet Parking Design Manual. , APPLICANT SHALL CONTACT THE ENCINITAS FIRE PROTECTION DISTRICT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: MN/04/CRO10-888wp51 (1-31-92/1) I 4. FIRE A. Prior to final recordation, 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. Address numbers shall be clearly visible from the street fronting the structure. B. AUTOMATIC FIRE SPRINKLER SYSTEM: Structure (s) shall be protected by an automatic fire sprinkler system. Sprinkler systems shall be installed to the satisfaction of the Fire District. 5. All City Codes, regulations, and policies in effect at the time of final map submittal shall apply. APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: Grading Conditions 1. The developer shall obtain a grading permit, if applicable, prior to the commencement of any clearing or grading of the site. 2. The grading for this project is defined in Chapter 23.24 of the Encinitas Municipal Code. Grading shall be performed under the observation of a civil engineer whose responsibility it shall be to coordinate site inspection and testing to ensure compliance of the work with the approved grading plan, submit required reports to the City Engineer and verify compliance with Chapter 23.24 of the Encinitas Municipal Code. 3. No grading shall occur outside the limits of the PROJECT unless a letter of permission is obtained from the owners of the affected properties. 4. A soils/geological/hydraulic report (as applicable) shall be prepared by a qualified engineer licensed by the State of California to perform such work prior to building permit issuance; or at first submittal of a grading plan. 5. Prior to hauling dirt or construction materials to any proposed construction site within this project the developer shall submit to and receive approval from the City Engineer for the proposed haul route. The developer shall comply with all conditions and requirements the City Engineer may impose with regards to the hauling operation. MN/04/CRO10-888wp51 (1-31-92/1) I Drainaae Conditions 6. The developer shall exercise special care during the construction phase of this project to prevent any offsite siltation. The developer shall provide erosion control measures and shall construct temporary desiltation/detention basins of type, size and location as approved by the City Engineer. The basins and erosion control measures shall be shown and specified on the grading plan and shall be constructed to the satisfaction of the city Engineer prior to the start of any other grading operations. Prior to the removal of any basins or facilities so constructed the area served shall be protected by additional drainage facilities, slope erosion control measures and other methods required or approved by the City Engineer. The developer shall maintain the temporary basins and erosion control measures for a period of time satisfactory to the City Engineer and shall guarantee their maintenance and satisfactory performance through cash deposit and bonding in amounts and types suitable to the City Engineer. 7. A drainage system capable of handling and disposing of all surface water originating within the subdivision, and all surface waters that may flow onto the subdivision from adjacent lands, shall be required. said drainage system shall include any easements and structures as required by the City Engineer to properly handle the drainage. 8. Concentrated flows across driveways and/or sidewalks shall not be permitted. street Conditions 9. 3 feet shall be dedicated by the owner along the project frontage based on a center line to right-of-way width of 28 feet and in conformance with City of Encinitas Standards. 10. 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. utilities 11. The developer shall comply with all the rules, regulations and design requirements of the respective utility agencies regarding services to the project. 12. The developer shall be responsible for coordination with S.D.G. & E., Pacific Telephone, and Cable TV authorities. MN/04/CRO10-888wp51 (1-31-92/1) 13. All proposed utilities within the project shall be installed underground including existing utilities unless exempt by the Municipal Code. 14. The developer shall be responsible for the relocation and undergrounding of existing public utilities, as required. 15. If private sewer will serve this development then a maintenance agreement must be executed before recordation of the Final Map. MN/04/CRO10-888wp51 (1-31-92/1)