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
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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
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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.
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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:
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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.
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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.
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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.
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