1991-11
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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.
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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
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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;
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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
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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.
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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:
-""'
:;
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