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1988-12 8 8 8 RESOLUTION NO. OL-88-012 A RESOLUTION OF THE OLIVENHAIN COMMUNITY ADVISORY BOARD APPROVING A MINOR USE PERMIT FOR A DETACHED ACCESSORY STRUCTURE OF TWO STORIES AND 2443 SQUARE FEET FOR THE PURPOSES OF A GARAGE, STORAGE AREA, MUSIC AND PHOTOGRAPY STUDIO AT 2894 LONE JACK ROAD, OLIVENHAIN (APPLICATION 88-204-MINOR USE PERMIT) WHEREAS, K.R. and Ann M. Schulz applied for a Minor Use permi t to allow a detached accessory structure to be two stories and 2443 square feet, and to be used for the purpose of a garage, storage area, music and photography studio at 2894 Lone Jack Road as required by Sections 6156 b, and g, and Section 30.74.070 Minor Use Permits, of the Municipal Code of the City of Encinitas; WHEREAS, public on the hearings conducted a were application by the Olivenhain Community Advisory Board on July 19, and August 2, 1988, and all persons desiring to be heard were heard; and WHEREAS, evidence was submitted and considered to include without limitation: a. b. site plan submitted by the applicant; written information submitted with the application; Oral testimony from staff, applicant, and public made a part of the record at said public hearing; CAB staff reports (88-204-MIN) dated July 14, and July 28, 1988, which are on file in the Department of Planning and Community Development; and Additional written documentation. c. d. e. LN/ln/CABll-850awp j NOW THEREFORE, BE IT RESOLVED by the Olivenhain Community 8 Advisory Board of the City of Encinitas that the Minor Use permit is hereby approved subject to the following findings: 1. There is a reasonable probability that the land use and design proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time since it is probable that detached accessory structures of this nature will be allowed due to rural/estate type lots and uses in the area. 2. There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or design is ultimately inconsistent with the plan, since the existing single family home and associated accessory use is compatible and the General Plan is not proposing to encourage the removal of the rural residential zoning for this particular area. 8 3. The location, size design or of the proposed project will not will not adversely affect and detrimental to adjacent uses, structures or natural resources, to, but not limited to: operating characteristics be incompatible with and will not be materially residences, buildings, with consideration given (a) The adequacy of public facilities, services and utilities to serve the proposed project since they are available; (b) The suitability of the site for the type and intensity of use or development which is proposed, since it is presently an agricultural zone; and The harmful effect, if any, upon environmental quality and natural resources of the City, since the use is monitored by standards set forth for greenhouse uses; or (c) 4. 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, it will be adequately landscaped, and it will be solely for the use of the Schulz family and not for rental or other business purposes; and 8 LN/ln/CABll-850awp 8 5. The project complies with all other regulations, conditions or policies imposed by this Code. 6. This approval will expire on July 19, 1990, after the approval of this project unless the conditions have been met or an extension has been approved by the Authorized Agency. 7. This approval may be appealed to the authorized agent within 10 working days from the date of this approval. 8. 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; 8 9. 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; 10. In the event that any of the conditions of this permit 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; 11. 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; 12. 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; 13. Nothing in this permit shall authorize the applicant to intensify the authorized activity beyond that which is specifically described in this permit; and 14. 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. 8 LN/ln/CABll-850awp 8 CASE NO. 88-204-MIN 15. 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. 16. This approval shall become null and void if building permi ts are not issued for this proj ect wi thin one year from the date of project approval, if applicable. 17. All Permits from other agencies will be required when applicable. 18. proj ect is approved as submitted/modified and shall not be altered without Community Advisory Board review and approval. approved 8 2. 3. 4. 8 BE IT FURTHER RESOLVED that the Minor Use Permit is subject to the following conditions: 1. The detached accessory structure of two stories and 2443 square feet will be allowed for the purpose of garages, storage area, music and photography studio for the Schulz family; The proposed structure will be constructed and painted to match the existing single family residence on the site and will be landscaped as proposed. A landscape site plan shall be submitted for inclusion in the file (88-204-MIN). The structure may not be rented and may not be used for the operation of any business unless authorized by a Home Occupation Permit. That landscaping be planted down the east slope of the property behind the proposed structure wi th a variety of trees that will soften the mass of the structure. Canary pine or alleppo pines are suggested to be planted in 15 gallon size, or any other species on the City of Encinitas Community Design Guidelines Master Plant List that will reach a height of 30' to 50'. The additional landscaping shall be submitted to the Department of Planning and Community Development for review and approval. LN/ln/CABll-850awp 8 8 8 CASE NO. 88-204-MIN PASSED AND ADOPTED this 2nd day of August 1988, by the following vote, to wit: Ayes: Nays: Absent: Abstain: ATTEST: Boardmembers Stumpf, DuVivier, Fernald, Bobbitt, and Tutoli None None None MICHELLE TUTO I, Chairman of the Olivenhain Community Advisory Board LAS. NILES, Assistant Plann r LN/ln/CAB11-850awp