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1992-16 . . . RESOLUTION NO. OL-92-16 A RESOLUTION OF THE OLIVENHAIN COMMUNITY ADVISORY BOARD APPROVING A MINOR USE PERMIT FOR A DETACHED ACCESSORY STRUCTURE OF TWO STORIES AND 1200 SQUARE FEET FOR THE PURPOSE OF GARAGE RELATED USES FOR PROPERTY LOCATED AT 3660 DOVE HOLLOW ROAD (CASE NO.: 92-048 MIN) WHEREAS, Robert and Jane Bell applied for a Minor Use Permit for a detached Accessory Structure of 1200 square feet to be used for the purpose of garage related uses for property located at 3660 Dove Hollow Road and legally described as follows: THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 13 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES SURVEY. WHEREAS, a public hearing was conducted on the application by the Olivenhain Community Advisory Board on May 5, 1992 and all persons desiring to be heard were heard; WHEREAS, evidence was submitted and considered to include without limitation: a. Site plan, floor plan, and elevations submitted by the applicant and dated April 8, 1992; Written information submitted with the application; Oral testimony from staff, applicant, and public made a part of the record at said CAB hearing; CAB staff report dated April 29,1992 and on file in the Department of Planning and Community Development. b. c. d. NOW THEREFORE, BE IT RESOLVED by the Olivenhain Community Advisory Board of the City of Encinitas that the Minor Use Permit is hereby approved subject to the following findings: See Attachment "A" JO/02/CROll-916wp51 (5/11/92-4) BE IT FURTHER RESOLVED that the Minor Use Permit is approved subject to the following conditions: . 1. . G. H. I. J. . K. General Conditions: A. This approval will expire on May 5,1994, two years after the approval of this project unless the conditions have been met or an extension has been approved by the Authorized Agency. This approval may be appealed to the Planning Commission within 15 days from the date of this approval. B. C. 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. D. In the event that any of the conditions of this permit are not satisfied, the Planning Department shall cause a noticed hearing to be set before the authorized agency to qetermine why the City of Encinitas should not revoke this permit. E. 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. Nothing in this permit shall relieve the applicant from complying with the conditions and regulations generally imposed upon activities similar in nature to the activity authorized by this permit. F. Nothing in this permit shall authorize the applicant to intensify the authorized activity beyond that which is specifically described in this permit. 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. 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. 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, if applicable. All Permits from other agencies will be required when applicable. JO/02/CROll-916Wp51 (5/11/92-4) . . . L. Project is approved as submitted on plans dated received by the City on April 8, 1992, and shall not be altered without Community Advisory Board review and approval. M. The structure may not be rented separately from the remainder of the property and may not be used for the operation of any business unless authorized by a Home Occupation Permit issued pursuant to the Municipal Code. N. The overall design, of the accessory building shall not be altered unless the City approves any changes. o. When the project is completed with proper building permits, a final inspection from the Planning Department is required. P. The property owner shall execute and record, to the satisfaction of the Community Development Director, a covenant which shall remain with the title to the property which stipulates the conditions of this approval. 2. City Building Department: A complete UBC check will need to be completed when plans are submitted for plan check. 3. Fire Prevention District: The applicant shall contact the Fire Prevention Department regarding compliance with the following condition: RECORDATION: Prior to final recordation or development approval, the applicant shall verify to the Planning Department that all development impact, plan check and/or cost recovery fees have been paid or secured to the satisfaction of the Fire District. 4. Public Works and city Enqineer: The applicant shall contact the Public Works Department and Engineering Department regarding compliance with the following conditions: Gradinq Conditions A. The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site. B. The grading for this project is defined in Chapter 23.24 of the Encini tas Municipal Code. Grading shall be performed under the observation of a civil engineer whose responsibility is 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. C. No grading shall occur outside the limits of the PROJECT unless a letter of permission is obtained from the owners of the affected properties. JO/02/CRO11-916wp51 (5/11/92-4) . D. A separate grading plan shall be submitted and approved and a separate grading permit issued for the borrow or disposal site if located within the City limits. E. All newly created slopes within this project shall be no steeper than 2:1. F. 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. G. 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. Drainaqe Conditions H. . I. J. 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. A drainage system capable of handling and disposing of all surface water originating within the project, and all surface waters that may flow onto the project from adjacent lands, shall be required. Said drainage system s hall include any easements and structures as required by the City Engineer to properly handle the drainage. Concentrated flows across driveways and/or sidewalks shall not be permitted. street Conditions K. . Reciprocal access and maintenance and/or agreements shall be provided ensuring access to all parcels over private roads, drives or parking areas and maintenance thereof to the satisfaction of the Director of Public Works. JO/02/CROll-916wp51 (5/11/92-4) . . . L. The design of all private streets and drainage systems shall be approved by the City Engineer prior to (APPROVAL OF THE FINAL MAP/ISSUANCE OF ANY GRADING OR BUILDING PERMIT) for this project. The structural section of all private streets shall conform to City of Encinitas Standards based on R-value tests. The standard improvement plan check deposit is required. utilities M. The developer shall comply with all the rules, regulations and design requirements of the respective utility agencies regarding services to the project. The developer shall be responsible for coordination with S.D.G.&E., Pacific Telephone, and Cable TV authorities. N. O. All proposed utilities within the project shall be installed underground including existing utilities unless exempt by the Municipal Code. P. The developer shall be responsible for the relocation and undergrounding of existing public utilities, as required. If private sewer will serve this development than a maintenance agreement must be executed before recordation of the Final Map. BE IT FURTHER RESOLVED that this project is found to be exempt Q. from Environmental Review pursuant to Section 15301(e) of CEQA. PASSED AND ADOPTED this 5th day of May 1992, by the following vote, to wit: AYES: Schafer, Van Slyke, Mazanec, Kitnick NAYS: None ABSENT: Bode ABSTAIN: None Bryan Sc er, Chairman of the Olivenhain Community Advisory Board, City of Encinitas ATTEST: ~\& ~ -~ Craig Olson Assistant Planner JO/02/CROll-916wp51 (5/11/92-4) . . . Attachment "A" Olivenhain Community Advisory Board Resolution NO. OL-92 Case No. 92-048 MIN I. Findings for Minor Use Permit (Section 30.74.070 of the Zoning Code) 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: Facts: The proposed Accessory 1200 square foot garage structure is situated to be compatible with the design of the main residential structure and to appear as a normal single family detached addition from Dove Hollow Road and surrounding neighborhood. All utilities are available to the site and the Environmental Initial Assessment (92- 031) for the property did not identify any impacts that cannot be mitigated to a level below significance. Discussion: Staff can find no evidence to indicate that the accessory structure would not be compatible with surrounding uses or that it would adversely affect natural resources. Conclusion: The Olivenhain Community Advisory Board finds that the project proposes no adverse impacts to the existing residential neighborhood within which the project is located. The project conforms in all aspects with the development standards of the Rural Residential (RR) Zoning District and the property owner has gained Minor Use Permit approval for garage related uses 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. JO/O2/CROll-916wp51 (5/11/92-4) . (C) . . (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: Facts: The Accessory Garage structure conforms to all development standards for the Zoning District in which it is located and the Environmental Initial Assessment found that the project conforms to all policies of the General Plan. Discussion: staff can find no evidence to indicate that the Accessory structure use would adversely affect the policies of the General Plan or the applicable standards of the Municipal (Zoning) Code after having reviewed all evidence submitted during the project review period. Conclusion: The Board can identify no policies of the General Plan that would be adversely affected by the proposed Accessory structure. The Accessory structure is permitted by section 30.48.040 A&B of the Zoning Ordinance and will not be used as a second unit. All other development standards of the RR Zoning District are satisfied by the project design. The project complies with all other regulations, conditions or policies imposed by the Municipal Code. Facts: The Accessory structure complies with all the standards specified by Section 30.48 of the Municipal (Zoning) Code. In addition, the approval is conditioned by the Use Permit to assure continued compliance with the provisions of the Municipal Code. Discussion: staff can find no evidence in the material reviewed during the processing of the application that would indicate that the proposed Accessory structure does not comply with regulations conditions or policies of the Municipal Code. Conclusion: since the Zoning Ordinance allows for Accessory structures for garage related uses in excess of a 1000 square feet for 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 Zoning District, the Board finds that all regulations, conditions and policies of the City's Municipal Code are satisfied. Also, all home occupation rules will be complied with if a home occupation is conducted within the Accessory structure. JO/02/CRO11-916wp51 (5/11/92-4)