1988-12
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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.
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NOW THEREFORE, BE IT RESOLVED by the Olivenhain Community
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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.
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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
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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;
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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.
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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
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2.
3.
4.
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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.
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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
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