1992-02
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RESOLUTION NO. OL-92-02
A RESOLUTION OF THE OLIVENHAIN
COMMUNITY ADVISORY BOARD OF THE CITY OF ENCINITAS
APPROVING A MINOR USE PERMIT MODIFICATION
REQUEST TO INCREASE THE SQUARE FOOTAGE
OF AN APPROVED ACCESSORY APARTMENT
FOR PROPERTY LOCATED AT 770 COLE RANCH ROAD
(CASE NO. 91-099 MIN/MOD)
WHEREAS, John and Barbara Conrad applied for a Minor Use
Permit Modification to Permit # 91-099 per section
30.74 (Use
Permits)
and section 30.48. 040W
(Accessory Apartments)
of the
Municipal Code of the City of Encinitas; and,
WHEREAS, the property is located at 770 Cole Ranch Road and
legally described as:
Parcel 2 of Map No. 326, Block 61, of the Colony of
Olivenhain, in the City of Encinitas, County of San Diego,
State of California, filed in the Office of the County
Recorder of San Diego County.
WHEREAS, a Public Hearing was conducted on the application
request by the Olivenhain community Advisory Board on January 7,
1992; and,
WHEREAS, the Olivenhain community Advisory Board considered
without limitation:
1.
The staff report dated December 31, 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 included in the application for the
modification request consisting of two pages including a
Statement of Justification and a project description,
nine pages of plans showing the requested modification
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and the previously approved plans dated received by the
city on December 18 and 21, 1991; and,
WHEREAS, the Olivenhain community Advisory Board made the
required findings pursuant to Chapter 30.74 (Use Permits).
(SEE ATTACHMENT "A")
NOW, THEREFORE, BE IT RESOLVED by the Olivenhain Community
Advisory Board of the City of Encinitas that application 91-099
MIN/MOD is hereby approved subject to the following conditions:
1.
2.
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This approval may be appealed to the Planning Commission
within 15 calendar days from the date of this approval.
The approved Accessory Apartment Modification shall conform to
the plans submitted to the City and dated received on December
18, 1991; and shall not be modified without prior city
approval.
3.
All conditions of Resolution No. OL-91-016 are still in full
force and affect and shall be satisfied prior to occupancy of
the approved Accessory Apartment. This modification only
permits the approved Accessory Apartment to be increased in
size from approximately 410 sq. ft. to approximately 554 sq.
ft.; or an additional 144 sq. ft. beyond the originally
approved design. In no event shall the Accessory Apartment
exceed the 640 sq. ft. maximum permitted by the Municipal
Code.
4.
The applicant shall cause to be recorded a covenant regarding
real property which sets forth the original grant of approval
and this modification. The covenant shall be in form and
content satisfactory to the Director of Planning and Community
Development.
5.
The Use Permit Modification approval shall be valid for two
years after the Board's adoption of this Resolution. A
building permit and any other permit required for the
construction of the modified Accessory Apartment shall be
obtained within the two year period. If the construction of
the Accessory Apartment has not started within the time period
specified in the Uniform Building Code, and is not diligently
pursued thereafter, the Use Permit Modification shall be
deemed null and void. A final inspection signoff by the
Building Official shall cause this Use Permit Modification to
be vested.
BE IT FURTHER RESOLVED by the Olivenhain community Advisory
Board of the city of Encinitas that:
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This project was found to be exempt from environmental review
per Section 15303 (e) of CEQA;
PASSED AND ADOPTED this 7th day of January,
1992, by the
following vote, to wit:
AYES:
Post, Schafer, Van Slyke, DuVivier
NAYS:
None
ABSENT:
None
ABSTAIN:
None
d7â: C h /la: Dol V¡v Ú R
CHUCK DUVIVIER, Chairman of the
Olivenhain Community Advisory
Board
ATTEST: ~
~6-~.~
craig R. Olson, Assistant Planner
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ATTACHMENT nAil
RESOLUTION #OL-92-02
CASE NO.: 91-099MIN/MOD
Minor Use Permit (30.74.070) Findinqs:
A.
The location, size, design or operating characteristics of the
proposed project will be compatible 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:
1.
The adequacy of public facilities, services and utilities
to serve the proposed project;
2.
The suitability of the site for the type and intensity of
use or development which is proposed; and
3.
The harmful effect, if any, upon environmental quality
and natural resources of the city;
Evidence: The Olivenhain Community Advisory Board finds that
the modification to the approved project proposes no adverse
impacts to the existing residential neighborhood within which
the project is located. The approved project conforms in all
aspects with the development standards of the RR-2 zoning
District and the property owner has gained Minor Use Permit
approval for the Accessory Apartment to house an elderly
family member in accordance with Chapter 30.48 of the
Municipal (zoning) Code which regulates accessory uses. All
public utilities and facilities necessary to conduct the
residential use currently exist for the site.
B.
The impacts of the proposed project will not adversely affect
the policies of the Encinitas General Plan or the provisions
of the Municipal Code;
C.
Evidence: The Board can identify no policies of the General
Plan that would be adversely affected by the proposed
modification. The approval of th~ additional square footage
for the accessory apartment is permitted by section 30.48. 040W
of the Zoning Ordinance since the additional squar~ footage
does not exceed the maximum of 640 square feet permitted for
accessory apartments. All other development standards of the
RR-2 zoning District are satisfied by the project design.
The project complies with all other regulations, conditions or
policies imposed by the Municipal Code.
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Evidence: Since the zoning Ordinance allows for Accessory
Apartments as an accessory use to a single family residence
upon issuance of a Minor Use Permit and the project conforms
in all other aspects with the Development Standards of the RR-
2 zoning District, the Board finds that all regulations,
conditions and policies of the city's Municipal Code are
satisfied.
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