1989-09
RESOLUTION NO. C-89-009
A RESOLUTION OF THE CARDIFF-BY-THE-SEA
COKKUNITY ADVISORY BOARD, CITY OF ENCINITAS
APPROVING A MINOR USB PERMIT '1'0
ALLOW A TWO STORY ACCESSORY GARAGE
WITH RECREATION/STORAGE ROOM
AT 1915 MONTGOMERY AVENUE
(CASE NO. 89-035-MIN)
WHEREAS, a request for consideration of a Minor Use Permit was
filed by Charles Orr to allow a two story accessory structure to
be used as a garage with recreation/storage facilities as per
Chapter 6156 and Chapter 30.74 of the City of Encinitas Zoning
Code,
for property located at 1915 Montgomery Avenue,
legally
described as:
Lots 39 and 40 in Block 93 of Cardiff Villa Tract, in the
County of San Diego [City of Encinitas], State of California,
according to Map thereof No. 1469, filed in the Office of the
County Recorder of San Diego County, August 10, 1912.
WHEREAS, a Public Hearing was conducted on the application on
March 13, 1989; and
WHEREAS, the Community Advisory Board considered:
1.
The staff report dated March 8, 1989;
2.
The proposed General Plan, Local Coastal Program, Zoning
Code and maps;
3.
Oral evidence submitted at the hearing; and
written evidence submitted at the hearing; and
4.
WHEREAS, the Cardiff-by-the-Sea Community Advisory Board made
the
following findings pursuant to Section
30.74.070
of the
Municipal Code:
SEE ATTACHMENT "A"
NOW,
THEREFORE,
BE IT RESOLVED by the cardiff-by-the-Sea
Community Advisory Board of the City of Encinitas that the Minor
CO/02/CRO2-253WP51(3-14-89-1)
Use Permit Application is hereby approved subject to the following
conditions:
(1)
(2)
(3)
(4)
(5)
(6)
The project as submitted is approved and shall not be altered
without city approval.
The two lots of record shall be merged into a single parcel
through a certificate of Compliance procedure prior to final
of Building Permit Inspections.
A licensed surveyor shall verify the height of the accessory
structure at the time of framing inspection to certify that
the height does not exceed the height measurements specified
on the approved plans.
If determined necessary by the Department of Public Works,
improvement plans prepared on standard size sheets by a
Registered Civil Engineer shall be submitted for approval by
the Director of Public Works. Plan check and inspection
expenses shall be paid by the developer.
Alley improvements (including, but not limited to paving) to
the 15 foot alley along the length of the rear property line
shall be completed to the satisfaction of the Director of
Public Works.
An Irrevocable Offer of Dedication (IOD) shall be made for 10
feet along Montgomery Avenue adj acent to the property for
public right-of-way purposes. Montgomery is classified as a
local street requiring a 60 foot right-of-way or 30 feet from
the official centerline of said street.
(7)
Developer shall execute and record a covenant with the County
Recorder agreeing not to oppose the formation of an Assessment
District to fund the installation of right-of-way
improvements.
(8)
Should the Department of Public Works determine it necessary,
a drainage system plan for handling and disposing of surface
water originating within the project shall be submitted to,
and approved by, the Department of Public Works. Concentrated
flows across driveways and/or sidewalks shall not be
permitted. Special attention shall be made not to divert
storm runoff onto neighboring property as a result of alley
improvements.
The total Floor Area Ratio of .6 for the subject property
shall not be exceeded for the livable floor area of the
structure(s) as defined by the city Council policy statement
dated September 28, 1988.
(10) Prior to final building permit inspection, landscaping along
the alley shall be reduced to a level at or below the height
of the accessory structure. Said landscaping shall be
maintained at, or below, the height of the accessory
structure.
(9)
CO/02/CRO2-253WP52(3-14-89-1)
(11) Other standard requirements for building, engineering and fire
code approval shall be satisfied by the project developer.
BE IT FURTHER RESOLVED by the Cardiff-by-the-Sea Communi ty
Advisory Board of the city of Encinitas that:
(1)
This project was found to be exempt from environmental
review, section 15301(e) of CEQA.
PASSED AND ADOPTED this 13th day of March, 1989,
by the following vote, to wit:
AYES:
Barker, Crosthwaite, MacManus, McCabe
NAYS:
None
ABSENT:
None
DISQUALIFIED:
Orr
g~~
(Terrance Barker, Chairperson
of the Cardiff-by-the-Sea
community Advisory Board
ATTEST:
~6R-.o-Q
Craig R. Olson, Assistant Planner
CO/02/CRO2-253WP53(3-14-89-1)
(1)
(2)
(3)
ATTACHMENT "A"
Cardiff-by-the-Sea Community Advisory Board
RESOLUTION NO. C-89-009
CASE NO. 89-035-MIN
Findings for Minor Use Permit
(Section 30.74.070 Municipal Code)
The location, size, design and use of the proposed project is
compatible with and will not adversely affect or be materially
detrimental to adj acent uses, residences, buildings,
structures or natural resources.
Evidence to consider:
The accessory building is intended for use as a garage and
recreation/storage room which is an appropriate use of an
accessory structure. The proposed structure is designed to
the constraints of the existing lot; and its limited exposure
(13 ' 6") is not anticipated to adversely impact surrounding
properties.
All public facilities, services, and utilities are in place
to serve the project, and there is no evidence to suggest that
the intensity of the use is unsuitable for the site.
Staff has identified no potentially significant adverse
environmental impacts associated with the project. The
project is considered exempt under CEQA, section 15301(e).
No impacts of the proposed project will adversely affect the
policies of the Encinitas General Plan or the provisions of
the Municipal Code; and
The project complies with other regulations, conditions or
policies imposed by Code.
Evidence to Consider:
The proposed use is permitted in the RV-11 zone under the
present General Plan and there is no evidence to suggest that
such an accessory use will not be consistent with the future
General Plan presently under consideration. The Municipal
Code requires issuance of building permits for all such
construction in order to insure public health, safety, and
welfare.
CO/02/CRO2-253WP54(3-14-89-1)