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)