1991-01
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RESOLTION NO. OL-91-001
A RESOLUTION OF THE OLIVENHAIN
COMMUNITY ADVISORY BOARD APPROVING A
MINOR USE PERMIT FOR A DETACHED ACCESSORY STRUCTURE
OF ONE STORY; 990 SQUARE FEET; AND MAXIMUM HEIGHT OF 17' 2"
FOR THE PURPOSES OF A POOL HOUSE TO INCLUDE
A GUEST ROOM, GYM AND WORKSHOP
FOR PROPERTY LOCATED AT 2979 LONE JACK ROAD
(CASE NO. 90-280-MIN; MINOR USE PERMIT)
WHEREAS, Rick Johnson, applied for a Minor Use permit to
allow a detached accessory structure for the purpose of a pool
house
which
includes
guest
and
workshop
to
be
a
room,
gym
constructed at 990 square feet and a maximum height of 17' 2" for
one portion of the roof (the cupola) and the remainder of the roof
at to be a height of 12' 2", located at 2979 Lone Jack Road as
required by sections 30.16.010, A; 30.48.040, G & K, and section
30.74.070 Minor Use Permits, of the Municipal Code of the City of
Encinitas;
WHEREAS, a public hearing was conducted on the application
by the Olivenhain Community Advisory Board on January 22, 1991,
and all persons desiring to be heard were heard; and
WHEREAS, evidence was submitted and considered to include
without limitation:
a.
site plan, first floor plan, second floor plan, and
elevations (4 sheets) dated December 19, 1990 submitted
by the applicant;
written information submitted with the application;
b.
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c.
Oral testimony from staff, applicant, and public made a
part of the record at said public hearing;
CAB staff report (90-280-MIN) dated January 17, 1991,
which is on file in the Department of Planning and
Community Development; and
Additional written documentation.
d.
e.
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:
A. That the land use and design proposed are consistent with
the general plan since detached accessory structures of this
nature are allowed in this rural zone and is consistent with
similar uses in the same zone and area.
B. The location, size design or operating characteristics of
the proposed project will not be incompatible 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 since they are available:
(2)
The suitability of the site for the type and intensity
of use or development which is proposed, since it is
presently a rural residential zone; and
(3)
The harmful effect, if any, upon environmental quality
and natural resources of the city, since the use is
monitored by standards setforth for the pool house
including the guest room, gYm and workshop; or
C. The impacts of the proposed project will not adversely
affect the policies of the existing Encinitas General Plan or
the provisions of this Code, since it is proposed to be
constructed to match the existing dwelling, and it will be
solely for the private use of the family and friends and not
for rental or other business purposes; and
D. The project complies with all other
conditions or policies imposed by this Code.
regulations,
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BE IT FURTHER RESOLVED that the Minor Use Permit is approved
subject to the following STANDARD conditions:
1. This approval will expire on January 22, 1993, after the
approval of this project unless the conditions have been met
or an extension has been approved by the Authorized Agency;
2. This approval may be appealed to the authorized agent
within 15 days from the date of this approval;
3. At all times during the effective period of this permit,
the applicant shall obtain and maintain in valid force and
effect, each and every license and permit required by a
governmental agency for the operation of the authorized
activity;
4. 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;
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5. In the event that any of the conditions of this permit
are not satisfied, the Planning Department shall cause a
noticed hearing to be sent before the authorized agency to
determine why the city of Encinitas should not revoke this
permit;
6. 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;
7. Nothing in this permit shall relieve the applicant from
complying with the conditions and regulations generally
imposed upon activities similarly in nature to the activity
authorized by this permit;
8. Nothing in this permit shall authorize the applicant
intensify the authorized activity beyond that which
specifically described in this permit;
to
is
9. 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:
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10. 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;
11. 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;
12. All Permits from other agencies will be required when
applicable; and
13. Project is approved as submitted and shall not be altered
without community Advisory Board review and approval.
BE IT FURTHER RESOLVED that the Minor Use Permit is approved
subject to the following ADDITIONAL conditions:
1.
The detached accessory structure of one story and 990
square feet, with the cupola at 17' 8" and the remainder
of the roof at 12' 2" will be allowed for the purpose of
a pool house to include a guest room, gYm and workshop
limited to the private use of the family and friends.
2.
The proposed structure will be constructed and painted
to match the existing single family residence on the site
as shown on the plans dated December 12,1990 and on file
in the Department of Planning and Community Development.
3.
A covenant shall be recorded in the office of the County
Recorder agreeing that the structure may not be rented
and may not be used for the operation of any business
unless authorized by a Home occupation Permit as setforth
in section 30.48.040 ,M of the city of Encinitas Municipal
Code.
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PASSED AND ADOPTED this 22nd day of January,
1991, by the
following vote, to wit:
Boardmembers DuVivier, Trujillo, Johnson, Perkins
Ayes:
Nays:
None
Absent:
None
Abstain:
None
ATTEST:
~/~
-.) /j <I
LI S. ILES,
Associate Planner
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[ lj-
,
"
Charles DuVivier, Chairman of the
Olivenhain community
Advisory Board
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