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RESOLUTION NO. OL-92-022
A RESOLUTION OF THE OLIVENHAIN
COMMUNITY ADVISORY BOARD OF THE CITY OF ENCINITAS
APPROVING A KINOR USE PERMIT REQUEST
FOR THE CONSTRUCTION OF A DETACHED ACCESSORY APARTMENT
FOR PROPERTY LOCATED AT 948 OLIVE CREST DRIVE
(CASE NO. 92-054 KIN)
WHEREAS, Sidney and Marianne Djanogly applied for a Minor Use
permi t 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 948 Olive Crest Drive and
legally described as:
Lot 34 of County of San Diego Tract No. 4458, in the County of
San Diego, State of California, according to Map thereof No.
11529, filed in the Office of the County Recorder of San Diego
County on June 5, 1986.
WHEREAS, a Public Hearing was conducted on the application
request by the Olivenhain Community Advisory Board on June 16,
1992; and,
WHEREAS, the Olivenhain Community Advisory Board considered
without limitation:
1.
The staff report dated June 9, 1992;
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 Minor
Use request including a Statement of Justification, and
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an Affidavit of Occupancy. In addition, the application
includes one page of plans showing the site plan for the
property, floor plans and elevation plans dated received
by the City on April 21, 1992; 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 92-054 MIN
is hereby approved subject to the following conditions:
1.
This approval may be appealed to the Planning Commission
within 15 calendar days from the date of this approval.
2.
The approved Accessory Apartment shall conform to the plans
submitted to the City and dated received on April 21, 1992;
and shall not be modified without prior city approval.
3.
Prior to occupancy of the approved Accessory Apartment, the
property owner shall cause to be recorded a covenant regarding
real property which sets forth this grant of approval. The
covenant shall be in form and content satisfactory to the
Director of Community Development. The covenant shall require
the following provisions be adhered to by all owners, present
and future, of the subject property:
(a) The Accessory Apartment shall not be expanded beyond
640 square feet or as may be provided by the Municipal
Code.
(b) One of the dwelling units on the property shall be
occupied by the property owner. The dwelling unit not
occupied by the property owner shall only be occupied by
person(s) that qualify as elderly, handicapped, or
immediate family members; or as may be provided by the
Municipal Code.
(c) The current property owner, and all future owners,
shall file with the Community Development Department an
Affidavit of Occupancy agreeing to the Accessory
Apartment occupancy requirements as stated in 3 (b) above.
The Affidavit shall include provisions stating that (1)
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the owner consents to reasonable inspections by the
City's Code Enforcement Officer in order to verify
occupancy, and (2) that the owner shall furnish a new
affidavit to said officer upon request.
4.
This Minor Use Permit approval shall be valid for two years
after the Board's adoption of this Resolution (to June 16,
1994). A building permit and any other permit required for
the construction of the 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 shall be deemed null and
void. A final occupancy inspection signoff by the Building
Official shall cause this Minor Use Permit to be vested.
Fire Prevention:
(a)
Address numbers shall be clearly visible from the street
fronting the structure. The height of the numbers shall
conform to the Fire District Standards. Where structures
are located off a roadway on long driveways, a monument
marker shall be placed at the entrance where the driveway
intersects the main road. Permanent numbers shall be
affixed to this monument.
(b)
All new structures shall be protected by an automatic
fire sprinkler system. Sprinkler systems shall be
installed to the satisfaction of the Fire District.
(c)
Prior to finalization of the building permit, 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.
City Engineer:
(a)
The developer shall obtain a grading permit, if
applicable, 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 it 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.
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(g)
(h)
(i)
(j)
(k)
(I)
(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.
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(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.
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
ci ty 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.
Concentrated flows across driveways and/or side walks
shall not be permitted.
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.
All proposed utilities within the project shall be
installed underground including existing utilities unless
exempt by the Municipal Code.
The developer shall be responsible for the relocation and
undergrounding of existing public utilities, as required.
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 15301 (e) of CEQA;
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PASSED AND ADOPTED this 16th day of June,
1992,
by the
following vote, to wit:
AYES:
Bode, Kitnick, Mazanec, Schafer, Van Slyke
NAYS:
None
ABSENT:
None
ABSTAIN:
None
Bryan R. afer, Chairman of the
Olivenhain Community Advisory
Board City of Encinitas
ATTEST:
~'<J> e . cJ)~
Craig R. Olson, Assistant Planner
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ATTACHMENT nAn
RESOLUTION #OL-92-022
CASE NO.: 92-054 MIN
Minor Use Permit (30.74.070) Findings:
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 approved project conforms in all aspects with the
development standards of the RR-2 Zoning District and all
public utilities and facilities necessary to conduct the
residential use currently exist for the site.
Discussion: The application for Minor Use Permit approval
proposes an addition for an Accessory Apartment for a
qualified occupant. No evidence has been submitted to
indicate that the existing use as a residential uni t is
materially detrimental to any adjacent uses or residents.
Conclusion: The Olivenhain Community Advisory Board finds
that the construction of the detached accessory apartment
proposes no adverse impacts to the existing residential
neighborhood within which the project is located.
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: No evidence has been submitted to indicate that any
policies of the General Plan would be adversely affected by
the proposed modification.
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Discussion: The approval of the Accessory Apartment is
permitted by Section 30.48.040W of the Zoning Ordinance since
the square footage of the detached accessory apartment is
proposed to be approximately 480 square feet and does not
exceed the maximum 640 square feet permitted for Accessory
Apartments. All other development standards of the RR-2
Zoning District are satisfied by the project design.
Conclusion: The Olivenhain Community Advisory Board finds,
therefore, that the project will not adversely affect the
policies of the Encinitas General Plan or the provisions of
the Municipal Code.
C.
The project complies with all other regulations, conditions or
policies imposed by the Municipal Code.
Facts: The Municipal (Zoning) Ordinance allows for Accessory
Apartments as an accessory use to a single family residence
upon issuance of a Minor Use Permit.
Discussion: The project conforms in all other aspects with
the Development Standards of the RR-2 Zoning District.
Conclusion: The Olivenhain Board finds, therefore, that all
regulations, conditions and policies of the city's Municipal
Code are adhered to.
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