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1992-02 . . . 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 . 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. . . 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: . . . 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 . . . 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. . 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. . .