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1991-11 . . . RESOLUTION NO. OL-91-011 A RESOLUTION OF THE OLIVENHAIN COMMUNITY ADVISORY BOARD APPROVING A MINOR USE PERMIT FOR A DETACHED ACCESSORY STRUCTURE OF ONE STORY; 1790 SQUARE FEET; AND MAXIMUM HEIGHT OF 17' 6" FOR THE PURPOSES OF A GUEST HOUSE AND GARAGE FOR PROPERTY LOCATED AT 508 MEADOWMIST LANE, ENCINITAS (CASE NO. 91-072-MIN; MINOR USE PERMIT) WHEREAS, Stephen Cohen, applied for a Minor Use Permit to allow a detached accessory structure for the purpose of a Guest House and garage of a total of 1790 square feet and a maximum height of 17' 6" located at 508 Meadowmist Lane as required by Sections 30.16.010, A; 30.48.040, B & 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 June 18, 1991, and all persons desiring to be heard were heard; and WHEREAS, evidence was submitted and considered to include without limitation: a. Site plan, and elevations dated January 10, 1991 and floor plans dated January 9, 1991 submitted by the applicant; Written information submitted with the application; Oral testimony from staff, applicant, and public made a part of the record at said public hearing; CAB staff report (91-072-MIN) dated June 11, 1991, which is on file in the Department of Planning and Community Development; and Additional written documentation. b. c. d. e. LN/40-318wp 5 . . . 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 the garage and guest house proposed are consistent with similar uses in the same zone and neighborhood. 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, servi.ces and utili ties 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 set forth by the City of Encinitas and the use is a standard accessory use in the single family residential zone; 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, BE IT FURTHER RESOLVED that the Minor Use Permit is approved subject to the following STANDARD conditions: 1. This approval will expire on June 18, 1993, after the LN/40-318wp 6 . 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; 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, ~cting 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; 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 . LN/40-318wp 7 - . . . - 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 for a Guest House and garage of a total of 1790 square feet and a maximum height of 17 I 6" located at 508 Meadowmist Lane shall be allowed 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 January 9, and 10, 1991 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 shall 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. 4. Address numbers shall be clearly visible from the street fronting the structure. The height of numbers shall conform to 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 roadway. Permanent numbers shall be affixed to this marker. 5. Structures shall be protected by automatic fire sprinkler systems. Sprinkler systems shall be installed to the satisfaction of the Encinitas Fire Protection District. 6. Prior to final development approval, the applicant shall submit to the Planning Department 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 Fire District. LN/40-318wp 8 . . . PASSED AND ADOPTED this 18th day of June, 1991, by the vote, to wit: Ayes: Boardmembers-DuVivier, Schafer Post, Van Slyke, Perkins, and Nays: None Absent: None Abstain: None ATTEST: -""' :; LN/40-318wp 9 ~ following \ . of the