1991-03
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8
RESOLUTION NO. OL-91-003
A RESOLUTION OF THE OLIVENHAIN COMMUNITY ADVISORY BOARD
APPROVING A MINOR USE PERMIT AND A
DESIGN REVIEW MODIFICATION FOR AN
EXISTING DETACHED ACCESSORY STRUCTURE OF ONE
STORY AND 785 SQUARE FEET FOR THE PURPOSE OF A
RECREATION ROOM
FOR PROPERTY BEING LOT 22 OF MAP 11809,
ENCINITAS TRACT 4574, OLIVENHAIN
FOR APPLICATION 90-262 MIN/DR/MOD
(COMMONLY SHOWN AS LOT 3433 WESTERN SPRINGS
ROAD, ENCINITAS, CA)
WHEREAS, Shea Homes applied for a Minor Use Permit and Design
Review Modification to allow a detached accessory structure to be
used for the purpose of a recreation room at 3433 Western Springs
Road as required by Sections 30.48.040G, 23.08.150, 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;
WHEREAS,
evidence was submitted and considered to include
without limitation:
a.
site plan submitted by the applicant and dated
December 20, 1990;
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 (90-262 - MIN/DR/MOD) dated January 16,
1991 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
and Design Review Modification are hereby approved subject to the
following findings:
JO/03/CAB22-2072wp58(2/15/91-4)
A. That the land use and design proposed are consistent
with the general plan since a detached accessory structure of
this nature is allowed in the rural residential zone and is
consistent with similar uses in the same zone and area.
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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 adj acent uses, residences, buildings,
structures or natural resources, with consideration given to,
but not limited to:
(1)
(2)
(3)
.
The adequacy of public facilities, services and
utilities to serve the proposed project since they are
available and are presently serving the existing single
family residence on the site;
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 no evidence has
been submitted to substantiate that it is uncommon for
detached accessory structures of this bulk and mass to
be used in the rural residential zones for such uses as
recreation rooms, workshops and storage areas; and
The harmful effect, if any, upon environmental quality
and natural resources of the City, since the use is
conditioned herein to mitigate any negative effects of
the proposed recreation room as listed in the conditions
of this resolution; 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. Existing landscaping will be
used to partially screen the presence of the accessory
structure. The structure will be used by the occupants of
the single family dwelling on the site and will not be used
for rental or other business or uses; and
D. The project will comply with all other regulations,
conditions or policies imposed by this Code upon completion.
E. The project design is inconsistent with the General
Plan, a Specific Plan or the provisions of this code.
Evidence: The design of the project is consistent with the
General Plan because a detached accessory structure is
allowed in a Rural Residential Zone.
F. The project design is substantially inconsistent with
the Design Review guidelines.
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Evidence: The project design is consistent with the Design
Review guidelines because the existing accessory structure
matches the architectural design of the existing home site.
JO/03/CAB22-2072wp59(2/15/91-4)
G. The project would adversely affect the health, safety or
general welfare of the Community.
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Evidence: The proposal does not adversely affect the health,
safety, or general welfare of the community because it is
located within common property lines and is designed in such
a way as to pose no apparent hazard to the community.
H. The project would tend to cause the surrounding
neighborhood to depreciate materially in appearance or value.
Evidence: The project will not tend to cause the surrounding
neighborhood to depreciate materially in appearance or value
because it is visually compatible with the existing primary
dwelling unit. A recreation room is a common accessory use
to a single family home.
I. The project design does not coordinate the elements of
exterior building design, such as color, materials, form,
texture and detailing to create harmony and continuity among
all elements.
Evidence: The project design does create harmony and
continuity with the elements of the other structures on the
lot and other areas of the development. The project has
earth tone colors and exterior materials such as roof tiles
and stucco that are compatible with the development of the
lot and newly residential areas.
.
J. The various buildings and building elements are not in
proportion with one another.
Evidence: The project building is similar in bulk, mass and
height with other accessory structures on the site and
surrounding lots. The design elements such as the roof tiles
and the earthtone colors of the proposed recreation room is
compatible with the main house and surrounding homes.
K. The project would adversely affect the quality
lighting and noise environment on adjacent properties.
of
Evidence: Recreation room is a common accessory use to a
single family home. The site is a large 2 acre parcel which
can easily accommodate a recreation room. No visual exterior
lighting is proposed and no excessive noise is anticipated
for a standard recreation room. The accessory structures and
the main house cover a small portion 5% of the total lot
coverage allowed which is 35% in a RR zone.
BE IT FURTHER RESOLVED that the Minor Use Permit and Design
Review
Modification
are
approved
subject
to
the
following
conditions:
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1. This approval will expire on January 22, 1993, two years
after the approval of this project unless the conditions have been
met or an extension has been approved by the Authorized Agency;
JO/03/CAB22-2072wp510(2/15/91-4)
2. This approval may be appealed to the authorized agent within
15 days from the date of this approval;
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3. 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;
4. 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 determine why
the City of Encinitas should not revoke this permit;
5. Upon a showing of compelling public necessity demonstrated at
a noticed hearing, the City of Encini tas, acting through the
authorized agency, may add, amend, or delete conditions and
regulations contained in this permit;
6. 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;
7. Nothing in this permit shall authorize the applicant to
intensify the authorized activity beyond that which is
specifically described in this permit;
.
8. 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;
9. The applicant shall comply with the
Building Code, Uniform Mechanical Code,
National Electric Code, Uniform Fire
applicable codes and ordinances in effect
permit issuance if applicable;
latest adopted Uniform
Uniform Plumbing Code,
Code, and all other
at the time of building
10. 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;
11. All Permits
applicable; and
from
other
agencies
will
be
required
when
12. Project is approved as submitted and dated December 20,1990,
and shall not be altered without Community Advisory Board review
and approval.
13. 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.
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14. The overall design, size and color of the existing building
shall not be altered unless the City approves any changes.
JO/03/CAB22-2072wp511(2/15/91-4)
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15. When the project is completed with proper building permits,
a final inspection from the Planning Department is required. Call
the assigned Oli venhain Planner at (619) 944-5060 two weeks in
advance to schedule an appointment.
16. Address numbers shall be clearly visible from the street
fronting the structure. Where structures are located off a
roadway on long driveways, a monument shall be placed at the
entrance where the driveway intersects the main roadway.
Permanent address numbers shall be displayed on this monument.
17. structures shall be protected by automatic fire sprinkler
systems. sprinkler systems shall be installed to the satisfaction
of the Encinitas Fire Protection District.
18. Prior to final occupancy approval, the applicant shall submit
a letter from the Fire District stating that all development
impact, plan check and/or cost recovery fees have been paid or
secured to the satisfaction of the District.
19. Complete plans and specifications of "As Built" structure
must be submitted for plancheck. An architect may have to submit
verification in writing that actual construction conforms with
approved plans.
PASSED AND ADOPTED this 22nd day of January, 1991, by the
following vote, to wit:
AYES:
Boardmembers Duvivier, Johnson, Perkins, and Trujillo
NAYS:
None
ABSENT:
None
/-
ABSTAIN:
None
I
. (
( , / /\ t
¡ /.
~~y\
Charles DuVivier, Chairman of
Olivenhain Community Advisory
the
Board
ATTEST:
c5:
JO/03/CAB22-2072wp512(2/15/91-4)