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1994-682814W~en Recorded mail to City Clerk City of Encinitas 505 S. Vulcan Avenue Encinitas, CA 92024-3633 ) .... ORIGINN. OF THIS DOCUMEHT ) ._~ RECOROED OH 29-HOU-199¢, ) DOCU~NT HU~R 19~(-06BZB14. ) GREG~Y SMITH, C~TY RECORDER ) SPACE ABOVE FOR ~~Y~'S ~FICE A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENCINITAS APPROVING A MAJOR USE PERMIT MODIFICATION, A BOUNDARY ADJUSTMENT, A/q OPEN SPACE VACATION A/qD DESIGN REVIEW FOR PROPERTY LOCATED AT 13~7 VIA TERRASSA WITHIN THE MISSION RIDGE APARTMENTS (CASE NO. 94-116 MUP-MOD/VAC/BA/DR) (APN: 259-580-04/05/06) WHEREAS, Mission Ridge Apartments and Daniel Moguillansky applied for a Major Use Permit Modification pursuant to Chapter 30.74 of the Municipal Code, a Vacation of Open Space pursuant to Section 51061 of the State Government Code, a Boundary Adjustment pursuant to Chapter 24.70 of the Municipal Code, and Design Review approval pursuant to Chapter 23.08 of the Municipal Code to permit the remodel and expansion of an existing laundry facility to accommodate an office, a maintenance shop and a recreation center within an existing 196 unit apartment complex; and WHEREAS, the property is located at 1317 Via Terrassa and legally described as: LOTS 176 THROUGH 180, INCLUSIVE, OF THE AMENDED MAP, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 10927, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 3, 1984. WHEREAS, a public hearing was conducted on August 16, 1994 by the New Encinitas Community Advisory Board (CAB) and all individuals desiring to present information addressed the CAB; and, WHEREAS, the Planning Commission conducted a Public Hearing on the application on September 8, 1994 and all individuals desiring to present information addressed the Commission; and, WHEREAS, the City Council conducted a Public Hearing on the application on October 12, 1994; and all individuals desiring to present information addressed the Council and the Council considered without limitation: The New Encinitas Community Advisory Board and Planning Commission's r~cgmmendation; The Agenda Reports for the August 16, 1994 New Encinitas CAB meeting, the September 8, 1994 Planning Commission meeting and the October 12, 1994 City Council meeting; cd/cro/sr94116, ccl (10-05-94) The adopted General Plan, Zoning Code and associated Land Use Maps; 4. Oral Evidence received at the Public Hearing; Written evidence submitted with the application ~hich contained five sheets of plans dated received by the City on July 25, 1994 including the Site Plan, the Project Location Plan, the Floor Plans and two sheets of Elevation Plans and all written material received before or during the~Public Hearings; and W~EREAS, the City Council made the required findings pursuant to Chapter 30.74 (Use Permits), Chapter 24.70 (Lot Line Adjustments), and Chapter 23.03 (Design Review) of the Municipal Code, and for a Vacation of Open Space pursuant to Section 51061 of the State Government'Code: (See Exhibit "1") NOW THEREFORE, BE IT RESOLVED that the applications for Major Use Permit Modification, Vacation of approximately 760 square feet of Open Space, Boundary Adjustment, and Design Review (Case No. 94- 116) are hereby approved subject to the following conditions: 1. STANDARD CONDITIONS: ae This approval will expire on October 12, 1996, two years after the approval of this project, unless the conditions have been met or an extension of time has been approved pursuant to Municipal Code. Be 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. 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. In the event that any of the conditions of this permit are not satisfied, the Community Development 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. 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 cd/cro/sr94116, ccl(10-05-94) delete conditions and regulations contained in this permit. For new residential dwelling unit(s) 'and/or accessory structures, the developer shall pay development fees at the established rate. Such fees may include, but shall not be limited to: Permit and Plan Checking Fees, School Fees, Water and Sewer Service Fees, Traffic Impact Fees, and Drainage Fees. Arrangements shall be made to the satisfaction of the appropriate department or agency to pay the impact fees prior to Building Permit issuance or Final Occupancy approval. ADDITIONAL CONDITIONS: ae The Major Use Permit, Vacation of Open Space, Boundary Adjustment, and Design Review Permit are approved as set forth on the site plans received by the city with the application material on July 27, 1994 consisting of five sheets including a Site Plan, a Location Plan, Building Floor Plan, and two sheets of Elevation Plans which are on file in the Community Development Department. The applicant has also provided information to the Community DeveloPment Department indicating that 41.6% of the subject property will remain as open space in conformance with the 40% County standard in effect at the time the Planned Residential Development was approved. Be Pursuant to Section 24.70.090 of the Encinitas Municipal Code, the lot line adjustment shall be valid for two (2) years from the date of this approval. Prior to expiration of this approval, the property owner must prepare a plat map (in accordance with Record of Survey standards) which describes the monuments set to establish the adjusted interior lot lines. Said plat map (or other legal instrument) must be prepared to the satisfaction of the City Engineer. In addition to the above described plat map, new legal descriptions for the purpose of amending the deeds for each adjusted parcel shall be submitted to the City Engineer and the Community Development Department.. The legal descriptions shall call out the appropriate closure calculations for each parcel as adjusted and must be prepared to the satisfaction of the city Engineer. Do Upon written conformation by the city Engineer that the plat map and the legal descriptions are technically correct and conform to this approval, the Community Development Department shall prepare and have recorded a Certificate of Compliance for each adjusted parcel. Ee Ge He Je Ke Prior to recordation of the Certificates of Compliance, all impact, cost recovery and project processing fees (as applicable) shall be received by the city or agreements shall be made to pay the fees prior to Final Occupancy. Prior to recordation of the Certificates of Compliance, the applicant/owner 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. Prior to recordation of the Certificates of Compliance, the applicant/owner shall cause to be recorded a Covenant, acceptable to the Community Development Director, which records this Resolution of Approval and conditions herein. Prior to recordation of the Resolution of Open Space Vacation, the property owner shall furnish proof to the Community Development Department that the County Assessor ~has assessed the open space vacation area and has assigned a new assessed value to the property. The owner shall pry to the County and/or City an amount equal to 50 percent of the new assessed value of the land unless such fee is waived by the City pursuant to Section 51061 of the State Government Code. Approval of this request does not waive compliance with any section of the Municipal Zoning Code and all other applicable City Ordinances. Any change to the natural drainage or concentration of drainage shall be adequately handled and shall not impact adjacent properties to the satisfaction of the city Engineer. Property owner(s) shall agree to preserve and save harmless the City of Encinitas and each officer and employees thereof from any accident, loss, or damage to persons or property happening or occurring as the proximate result of any of the work undertaken to complete thisproject, and that all said liabilities are hereby assumed by the property owner(s). PASSED AND ADOPTED this 12th day to wit: Davis, DuVivier, Hano, Wiegand following vote., AYES: Bond, NAYS: None ABSENT: None ABSTAIN: None of October 1994, by the Ga~l Hano, Mayor city of Encinitas ATTEST: E. Jane/Pool, City Clerk ,/ I, E. JANE POOL, City Clerk of the City of Encinitas, California do hereby certify under penalty of perjury that the above and foregoing is a true and correct copy of this do~umertt on file in my office, in witness whereof I have set my hand and the Seal of the City of Encinitas this ~//r'~,_ day~ e Pool, City Clef EXHIBIT "1" RESOLUTION NO. 94-100 Findings Pursuant to Chapter 30.74.070 (Use Permits) of the Encinitas Municipal Code: 1. The location, size, design and operating characteristics of the proposed project will be compatible with and will not adversely affect and will not be detrimental to adjacent uses, residences, buildings, structures or natural resources, with consideration given to, but not limited to: ae The adequacy of public facilities, services and utilities to serve the proposed project; The suitability of the site for the type and intensity of use or development which is proposed; and Ce The harmful effect, if any, upon environmental quality and natural resources of the City. Facts: The application is a request for Major Use Permit Modification, Vacation of approximately 760 square feet of Open Space, Boundary Adjustment, and Design Review to allow for the expansion and remodel of an existing 400 square foot laundry facility to accommodate a rental and manager's office (+/- 871 sf), a maintenance shop (+/- 970 sf), and an upstairs recreation room (+/- 1,200 sf). The total size of the remodeled structure will be approximately 3,440 square feet. Discussion: All required public facilities and utilities are available to the site in conjunction with the existing development on the property. All roadway improvements, water service, sewer service and landscaping are currently provided within the existing apartment complex. Conclusion: Therefore, the city Council finds that adequate public facilities, services and utilities are available to the site to provide for the type of development proposed. The intensity of the use is found to be compatible with the site and adjacent property. No evidence has been received during the planning review process to indicate that the project would have a significant adverse impact upon the environmental quality or natural resources of the City. 2. The impacts of the proposed project will not adversely affect the policies of the Encinitas General Plan or the provisions of the Municipal Code; and 3. The project complies with all other regulations, conditions or policies imposed by the Municipal Code. Facts: The applicant requests the vacation of approximately 760 square feet of open space for the requested expansion. The open space supports non-native vegetation and protects hillsides within the complex. The amount of grading needed to accommodate the expansion is considered minimal and 'will not significantly impact steep slopes. Discussion: The proposed expansion of the existing structure would continue the existing building's setbacks from Via Terrassa and the adjacent parking area. The structure will be used as office space, a maintenance room, a recreation facility and laundry room and will not be used as a residential unit. Conclusion: Therefore, the city Council finds that the proposed Major Use Modification will not adversely affect the policies of the Encinitas General Plan or the provisions of the Municipal Code; and that the Use Permit modification 'complies with all other regulations, conditions or policies imposed by the Municipal Code. FINDINGS PURSUANT TO SECTION 24.?0.060 OF THE CITY OF ENCINITAS SUBDIVISION ORDINANCE A. A Boundary Adjustment shall not create a condition which does not comply with zoning and development regulations. All parcels resulting from a lot line adjustment shall comply with the minimum city requirements for lot size, dimensions, access, parking and circulation, and all other applicable development standards established through the zoning and development code. The lot line adjustment shall also be found to promote available design standards and guidelines as established by the zoning and development code. The lots resulting from a lot line adjustment and existing and/or potential development on those lots shall be found to be within limitations for lot density and intensity of development and use as established through the zoning and .development code. Facts: The Boundary Adjustment would identify and record the approximately 760 square feet of area of the open space easement to be vacated to accommodate the proposed expansion and remodel of the existing structure. Discussion: The residential complex was originally approved by the County as a Condominium complex and has been utilized by the owners as an apartment complex. The existing laundry facility encroaches approximately 200 square feet into the open space easement proposed to be vacated. The Boundary Adjustment would identify the area of the open space to be vacated to adjust existing maps so that future title reports on the structure will not be impacted by the open space easement. Conclusion: The City Council finds that the Boundary Adjustment will not create a condition which does not comply with zoning and development regulations since the adjustment is within a condominium type of land ownership and does not include conventional lot line configurations, etc. B. The Boundary Adjustment will not create a condition which does not comply with building regulations. Facts: The two lots resulting from the Boundary Adjustment will be a residential area lot and an open space lot which substantially conform to the County's originally approved condominium type of subdivision. Discussion: The relocation of the boundary line between the two lots will not result in a condition that would defeat the purpose of the open space lot since ample area is within open space to conserve hillsides within the project area. The lot line adjustment will facilitate the expansion of the existing structure to serve a needed function for the property owner and apartment residents. Conclusion: Therefore, the City Council finds that the Boundary Adjustment will not create any nonconformities relative to setbacks, lot coverage, access or any other building regulation currently required by the City. C. The Boundary Adjustment will not materially or adversely affect an agreement for the security for the construction of public improvements. Facts: Public improvements have been provided during the development of the complex. Discussion: The adjustment will not impact any secured agreements for public improvements. Conclusion: Therefore, the City Council finds that the boundary adjustment will not materially or adversely affect an agreement for the security for the construction of public improvements. De The property is within the City boundaries. Evidence: The city Council finds that the entire project area is within the incorporated boundaries of the city of Encinitas. E. The Boundary Adjustment will not require substantial alteration of any existing improvement or create a need for any new improvement. Evidence: The City Council finds that no existing public improvements would be adversely impacted by the Boundary Adjustment and that no new public improvements will be required due to the adjustment. F. The Boundary Adjustment does not adjust the boundary line between lots which are subject to an agreement for public improvements,, unless the City Engineer finds that the proposed adjustment will not materially affect such agreement or the security thereof. Evidence: See finding "C".. No agreements for public improvements have been identified within the project area. FINDINGS PURSUANT TO STATE GOVERNMENT CODE SECTION 51061 REGARDING THE VACATION OF A NON-BIOLOGICAL OPEN SPACE EASEMENT The abandonment of the open space easement requires that a finding be made that the open space does not serve a public purpose associated with the conditions described below: * (a) Is it likely that at some' future time that the public will acquire the land for a park or other public purpose? (b) Does the unimproved land have scenic value to the public as viewed from a public highway or from public or private buildings? (c) Does retention of the land as open space add to the amenities of living in adjoining or neighboring urbanized areas? (d) Does retention of the land in open space help preserve the rural character of the area which in the public interest should remain rural? (e) Does retention of the land in open space help preserve land impacted by flooding or within a watershed? (f) Is the open space within an established scenic highway corridor? (g) Is the open space valuable to the public as a wildlife preserve? Facts: Vacation of the 760 square foot open space easement would allow room for the proposed expansion and remodel. The area to be vacated is at the base of a hillside slope and the proposed expansion is not anticipated to require substantial grading. Discussion: It does not appear that the open space areas were preserved for biological reasons due to the non-native vegetation located within them. It is more likely that these areas were placed in open space to limit grading and to conserve the slopes and hillsides as open vistas. In accordance with Municipal Code Section 30.34.030B 2, encroachments into natural slopes of 25% grade or greater are limited to 10% for lots having 75% or less of the lot impacted by such slopes. Due to the large amount of hillside slopes within the open space easements in this apartment complex, the vacation of the proposed 760 square feet of open space and the grading necessary to accommodate the remodel will be well * The Open Space area is shown on Exhibits "A" and "B".which are attached hereto and made a part hereof. below the 10% encroachment standard. County requirements at the time this subdivision was approved established a 40% open space rule for Planned Residential Developments (PRDs) established by a Major Use Permit. The CAB directed the applicant to. provide information which demonstrates that at least 40% of the entire PRD will remain as open space. This information was presented by the applicant to demonstrate that 41.6% of the property will remain in open space. Therefore, the project, as reviewed by the Planning Commission, was found to be consistent with the County's 40% Open Space requirement which was in effect at the time the Planned Residential Development was approved. Conclusion: Therefore, the City Council finds that vacation of the non-biological open space easement is consistent with the provisions of State Government Code Section 51061 regarding the vacation of an open space easement. Findings for Design Review Approval Pursuant to Section 23.08.0?2 and Section 30.16.010B?b of the Municipal Code 1) The project design is consistent with the General Plan, or Specific Plan and the provisions of the Municipal Code. Facts: The subject property was approved for subdivision as a condominium form of development and the Design Review~ request is consistent with the approval. Discussion: Staff can not identify any aspect of the submitted project which does not comply with Zoning Code standards, or General Plan Policies. Conclusion: The City Council finds, therefore, that the design.of the project conforms to the policies and standards of the General Plan, Zoning Ordinance, Municipal Code, and the provisions of the Tentative Map approval. 2) The project design is substantially consistent with the Design Review Guidelines. Facts: The project design provides for a structure which conforms to other structures within the apartment complex. The building's design provides architectural accents and relief consistent with other structures within the complex. Discussion: The project design is consistent with the intent of the Design Guidelines in that the proposed remodel and expansion are well planned to take advantage of the site without intruding on the privacy of residents within the complex. conclusion: Therefore, the Council finds that the project design is consistent with the intent of the Design Review Guidelines. 3) The project design will not adversely affect the health, safety, or general welfare of the community. Facts: The project design is consistent with the design of the apartment complex. Discussion: Ail utility services are available to the site. Staff can find no evidence to indicate that the project design would adversely affect the health, safety, or general welfare of the community. Conclusion: Therefore, the Council finds that the project design will not adversely affect the health, safety or general welfare of the community. 4) The project will not tend to cause the surrounding neighborhood to ~depreciate materially in appearance or value. Facts: The project design tends to be compatible with the style of the apartment complex in which it is situated. Discussion: Staff can find no evidence to indicate that the project would materially depreciate the appearance or value of the neighborhood. Conclusion: Therefore, the Council finds that the project will not adversely depreciate the appearance or value of the immediate neighborhood or the community. Exhibit "A" I I I \ LOT 178 1 ~/ ~/ ~/ / / / 0 % ~ ~.~ DOC. NO ~,, ._ ~, QUITCLAIMED L_... ..._.~(S 81 '5")'~ ~,.~-"'- ~ 024-75) ',, I o ~ ~1~ I ', ~ '1 I~, l ",, ~ ~~ / -... o u1'52'12.~ I ~ . I/ J ~ / EXISTING OPEN --='- SPACE ~SEMENT, --. PARCEL 4 OF DOCUMENT "- I NO. 8~-102~75 RECORDS OF SAN DIEGO COUN~ (~PICAL) SCALE: 1" = 30' . .. ~. I / MAP NO, 10927 I / I / Exhibit "B" LEGAL DESCRIPTION OF OPEN SPACE EASEMENT TO BE QUITCLAIMED That podton of Parcel 4 of Ihat Open Space Easement as described in document number 84-102475, recorded March 21, 1984, in the Office of the Recorder of the County of San Diego, Slate of CMifomla, described as folows: Beginning at the westerly terminus of that line of said Parcel 4, (re~3~ South 81' 52' 12' East, 101.00 feel); Thence along said line, South 81° 52' 12' East, 38.73 feet to the True Point of Beginning; Thence pamlel with that line of Lot 178 of the Amended Map, County of San Diego Tract No. 3474-4, acGording to Map No. 10927, filed in the Office of said Recorder May 3rd, 1984, (record North 08° 07' 48" East, 250.06 feet), South 08' 07' 48" West, 12.95 feet; Thence South 81° 52' 12" East, 49.00 feet; Thence South 08° 07' 48" West, 29.50 feet; Thence Soulll 81° 52' 12- East, 13.27 feet to that line of saki Parcel 4, record Soulh 08° 07' 48" Wast, 99.60 feet; Tltem~ along said line North 08° 07' 48' East 42.45 feet to said line of said Parcel 4, record South 81° 52. 12" East, 101.00 feel; ~ along said line North 81° 52' 12" West, 62.27 feet to the True Point of Beginning. Said parcel of land contains 0.028 acres more or less. BI Goodwin, L.S. 6468 Date