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"
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LOT 178 1
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% ~ ~.~ DOC. NO ~,, ._ ~, QUITCLAIMED
L_... ..._.~(S 81 '5")'~ ~,.~-"'- ~ 024-75) ',,
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",, ~ ~~ /
-... o u1'52'12.~ I ~ . I/ J
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EXISTING OPEN --='-
SPACE ~SEMENT, --.
PARCEL 4 OF DOCUMENT "- I
NO. 8~-102~75
RECORDS OF SAN DIEGO COUN~
(~PICAL)
SCALE: 1" = 30' . .. ~.
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MAP NO, 10927 I /
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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