1991-21
RESOLUTION NO. L-91-21
A RESOLUTION OF THE LEUCADIA COMMUNITY ADVISORY BOARD
OF THE CITY OF ENCINITAS
APPROVING A TENTATIVE PARCEL MAP,
DESIGN REVIEW PERMIT
AND CERTIFYING A NEGATIVE DECLARATION
FOR PROPERTY
LOCATED IN THE 1400 BLOCK OF NEPTUNE AVENUE
FURTHER DESCRIBED HEREIN IN ATTACHMENT "A"
(CASE NO. 91-036 TPM/EIA/DR)
WHEREAS, a Tentative Parcel Map and Design Review application
were filed by Gary Tarman pursuant to Title 24, Subdivision
Ordinance, and Chapter 23.08, Design Review of the City of
Encinitas Municipal Code for the purpose of constructing a three-
unit condominium project, for property located at;
(SEE ATTACHMENT "A)
WHEREAS, public hearings were conducted by the Leucadia
Community Advisory Board on May 9, June 20 and June 27, 1991 as
required by law, and all persons desiring to be heard were heard;
WHEREAS, the approval by the Leucadia Community Advisory Board
was appealed to the Planning Commission and said appeal having been
withdrawn on October 29, 1991 by the appellant;
WHEREAS, evidence was submitted and considered to include
without limitation:
a. Tentative Parcel Map dated February 14,1991 and received
by the City of Encinitas as a second submittal
(consisting of 1 sheet), revised site plan, and floor
plan (consisting of 3 sheets) dated received by the City
on August 5, 1991, revised building elevations dated
received by the City of Encinitas on August 13, 1991
(consisting of 2 sheets), ~riginal basement floor plan
dated received February 21,1991 by the City of Encinitas
(consisting of 1 sheet) and the revised conceptual
DL3: 91-057a 1(10/30/91)
landscape plan (consisting of 1 sheet) dated received by
the City on August 13,1991;
b. Written information submitted with the application;
c. Oral testimony from staff, applicant, and public made a
part of the record at said public hearing;
d. Leucadia Community Advisory Board staff reports (91-036
TPM/EIA/DR) dated May 1, June 13, and August 16, 1991;
which are on file in the office of Planning and Community
Development; and
e. The Environmental Review materials prepared by the City's
environmental consultant; and
f. Additional written documentation.
WHEREAS, the Leucadia Community Advisory Board made the
following findings pursuant to Section 66474 of the Subdivision Map
Act, and Section 23.08.072 (Design Review) of the Municipal Code.
(SEE ATTACHMENT "B")
NOW THEREFORE, BE IT RESOLVED by the Leucadia Community
Advisory Board of the City of Encinitas that Tentative Parcel Map,
and Design Review application No. 91-036 TPM/EIA/DR is hereby .
approved subject to the following conditions:
(SEE ATTACHMENT "CII)
BE IT FURTHER RESOLVED that the Leucadia Community Advisory
Board hereby Certifies the associated Negative Declaration (State
Clearinghouse Number: 91031101), which is on file within the
Planning and Community Development Department, in conformance with
CEQA and the City's Environmental Review Guidelines with a
mitigation measure identified in the conditions of approval.
DL3: 91-057a 2(10/30/91)
PASSED AND ADOPTED this 22nd day of August, 1991, by the
following vote, to wit:
Ayes: Boardmembers Allen, Eldon, Buck and Gilhom
Nays: None
Absent: Boardmember Jacobson (conflict of interest)
Abstain: None
~ ~
Melissa Allen Vice-Chairperson of the
Leucadia Community Advisory Board
ATTEST:
~a~.,~'1!J'
Dlane S. Langagé" /
Assistant Planner
DL3: 91-057a 3(10/30/91)
ATTACHMENT "A"
RESOLUTION NO. L-91-21
CASE NO. 91-036 TPM/EIA/DR
ASSESSOR PARCEL NO. 254-055-17
PROPERTY DESCRIPTION
A portion of Lot 19 in Block "F" of SOUTH COAST PARK NO. 5, in the
City of Encinitas, County of San Diego, State of California,
according to Map thereof No. 2078, filed in the Office of the
County Recorder of San Diego County, November 21, 1927; and a
portion of North Leucadia, in the County of San Diego, State of
California, according to the Map thereof No. 524, filed in the
Office of the County Recorder, and by Record of Survey No. 701,
described as a whole as follows:
Beginning at a point in the Westerly line of Lot 19, Block "F" of
said South Coast Park No. 5, distant thereon South 19°26'45" East
93.34 feet from the common Westerly corner of Lots 18 and 19 of
said Block "F"; thence parallel with the common line between said
Lots 18 and 19 and he Northeasterly prolongation thereof North
70°33'15" East 199.64 feet to a point in a portion' of the
Northwesterly boundary of that parcel of land conveyed to Leslie G.
Wise et ux by Deed recorded 11/6/45 in Book 1966, Page 40 of
Official Records; thence along said portion of boundary South
15°47'15" East to that point angle point in said boundary which
bears North 15°47'15" West 50 feet from the intersection of the
Southeasterly prolongation of said portion of boundary wi th the
Northerly line of South Coast Park No. 4, Map No. 2049; thence
continuing along said Wise boundary Westerly in a straight line to
the most Westerly corner of said Wise land in the Westerly line 0
said Lot 19, Block "F" of South Coast Park No. 5, said most
Westerly corner being distant along said Westerly line of Lot 19,
North 19°26'45" West 50 feet from the most Southerly corner of said
Lot 19; thence along said Westerly line of Lot 19 North 19°26'45"
West 50 feet to the Point of Beginning.
DL3: 91-057a 4(10/30/91)
ATTACHMENT "B"
RESOLUTION NO. L-91-21
FINDINGS FOR A SUBDIVISION TITLE 24,
AND DESIGN REVIEW CHAPTER 23.08
OF THE ENCINITAS MUNICIPAL CODE
(CASE NO. 91-036 TPM/EIA/DR)
Findings for a Tentative Map:
a. That the proposed map is consistent with applicable
general and specific plans as specified in Section 65451
of the Subdivision Map Act.
Evidence: There is no applicable specific plan. The 8.6
dwelling unit per acre density of the proposed subdivision is
within the allowed density range of the R-11 zone, and is
under the mid-range density provisions of that zone in
accordance with Chapter 30.16 of the Municipal Code and the
provisions for the Residential 8.01 - 11. 0 du/ac land use
designation within the Land Use Element of the City's General
Plan.
b. That the design or improvement of the proposed
subdivision is consistent with applicable general and
specific plans.
Evidence: The project is in conformance with the goals and
policies of the General Plan and the General Plan Land Use
designation of the site; multiple family type units are
expressly allowed for in the Residential 8.01 - 11. 0 du/ac
land use category in the Encinitas General Plan. There is no
applicable specific plan.
c. That the site is physically suitable for the type of
development.
Evidence: The site is relatively flat and does not contain any
significant natural features and can adequately accommodate
the three-unit multiple family structure. Based upon the
preliminary soils report submitted with the application and
compliance with the recommendations contained therein, the
project site is suitable physically for the type of
development proposed.
d. That the site is physically suitable for the proposed
density of development.
Evidence: The project design demonstrates that the proposed
density of development (8.6 du/ac) can be facilitated on site
DL3: 91-057a 5(10/30/91)
while conforming with or exceeding all City development
regulations while providing adequate living space within each
unit.
e. That the design of the subdivision and the proposed
improvements are not likely to cause substantial
environmental damage or substantially and avoidably
injure fish or wildlife or their habitat.
Evidence: The project as designed mitigates environmental
impacts below a level of significance in conformance with the
certified Negative Declaration.
f. That the design of the subdivision or type of
improvements is not likely to cause serious public health
problems.
Evidence: Documentation has been obtained stating that
utilities shall be available for the site. Sewer and water
service is available on Neptune Avenue.
g. That the design of the subdivision or the type of
improvements will not conflict with easements, acquired
by the public at large, for access through or use of,
property within the proposed subdivision.
Evidence: No easements have been identified to exist on the
site. No dedication of additional right-of-way is needed
along Neptune Avenue.
Design Review Permit Findings:
a. The project design is consistent with the general plan,
a specific plan or the provisions of the Zoning Code.
Evidence: The project conforms to the policies of the
Residential 8.01 - 11.0 du/ac General Plan Designation and the
standards of the R-11 Zoning District for a multiple family
residential development.
b. The project design is substantially consistent with the
Design Review Guidelines.
Evidence: The project substantially conforms to site,
building, landscape and privacy design standards. The site is
already disturbed from previous uses and no natural assets
exist which warrant preservation. A minimum 32' main building
setback is proposed for the project which in addition to the
proposed landscaping provides a buffer around the perimeter of
the project; reasonable privacy for the proposed project and
DL3: 91-057a 6(10/30/91)
neighboring properties will result. Additionally, the roof
deck originally proposed has been eliminated to mitigate
pri vacy and view concerns, and a redwood trellis has been
added to the second story decks in the rear to assure privacy
for both the proposed project and the neighboring properties.
The project uses the irregular pie-shaped lot as an
opportunity and is able to maintain a significant front yard
setback (87') by providing underground parking. At the same
time it also provides a significant rear yard setback (32')
which exceeds the standard 20' setback of the R-11 zone.
Although the project is bounded by older single family
residences to the north and south Neptune Avenue, a
neighborhood in itself, is interspersed with a variety of
duplexes, triplexes and newer, larger single family
residences. Duplexes with a floor area ratio of approximately
48% abut the project in the rear, the project will have a
floor area ratio of 47% which is compatible with the adjacent
duplexes. The three attached units as proposed will be
staggered and the structure will not exceed 22' in height
which will keep the structure substantially in scale with the
predominant scale of structures in the adjacent neighborhood.
Additionally, the 87' front yard setback visually lessens the
bulk and mass of the structure. Landscaping is proposed to be
drought tolerant and portrays a cohesive appearance and sense
of continuity throughout the development by using a variety of
species and repeating them throughout the project site.
c. The project will not adversely affect the health, safety
or general welfare of the community.
Evidence: No negative affects on the health, safety, or
general welfare of the community have been identified in
conjunction with this project. A requirement that a sight
distance analysis will be submitted prior to recordation of
the final map and/or issuance of building permits and that all
recommendations will be adhered to has been included within
the conditions of approval for the project.
d. The project will not tend to cause the surrounding
neighborhood to depreciate materially in appearance or
value.
Evidence: No evidence can be found which would suggest that
the surrounding neighborhood would depreciate materially in
appearance or value as a result of this project. The site is
presently overgrown with weeds and contains a deteriorating
abandoned office/storage building; the proposed project will
upgrade the existing use of the site. The project design and
materials proposed are of high quality which will avoid any
depreciation to the surrounding neighborhood in appearance or
value.
DL3: 91-057a 7(10/30/91)
ATTACHMENT "C"
CONDITIONS OF APPROVAL
Applicant: Gary Tarman
Case No. 91-036 TPM/EIA/DR
Subject: Conditions of approval for a Tentative Parcel Map
and Design Review Permit for a three-unit
condominium project.
Location: Located in the 1400 block of Neptune Avenue
1. GENERAL CONDITIONS
A. This approval will expire on October 29, 1993, at 5:00
p.m., which is two years from the date that the appeal
was withdrawn, unless the conditions have been met or an
extension has been approved by the Authorized Agency.
B. This approval may be appealed to the authorized agent
within 15 days from the date of this approval.
C. The project is approved as submitted/modified as
evidenced by the Tentative Parcel Map dated February 14,
1991 and received by the City of Encinitas as a second
submittal (consisting of 1 sheet), revised site plan, and
floor plan (consisting of 3 sheets) dated received by
the City on August 5, 1991, revised building elevations
dated received by the City of Encinitas on August 13,
1991 (consisting of 2 sheets), original basement floor
plan dated received February 21, 1991 by the City of
Encinitas (consisting of 1 sheet) and the revised
conceptual landscape plan (consisting of 1 sheet) dated
received by the City on August 13,1991 and signed by a
City official as approved by the Leucadia Community
Advisory Board on August 22, 1991, and shall not be
altered without review and approval by the authorized
agency.
D. Nothing in this permit shall relieve the applicant from
complying with the conditions and regulations generally
imposed upon activities similar in nature to the activity
authorized by this permit;
E. Approval of this request shall not waive compliance with
any sections of the Zoning Code and all other applicable
City Ordinances in effect at the time of Building Permit
lssuance.
DL3: 91-057a 8(10/30/91)
F. 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 submittal.
G. Permits from other agencies will be required as follows:
i. California Coastal Commission
ii. San Dieguito Water District
iii. Leucadia County Water District
H. A final revised complete set of plans as reviewed and
approved by the Leucadia Community Advisory Board on
August 22, 1991 shall be submitted to the Planning and
Community Development Department prior to plan check
submittal.
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND
COMMUNITY DEVELOPMENT REGARDING COMPLIANCE WITH THE FOLLOWING
CONDITIONS:
2. SITE DEVELOPMENT
A. Prior to final recordation of the subject map and/or
prior to issuance of building permits all conditions of
approval contained herein shall be completed to the
satisfaction of the Director of Community Development.
B. For new residential dwelling unit (s), the applicant shall
pay development fees at the established rate. Such fees
may include, but not be limited to: Permit and Plan
Checking Fees, School Fees, Water and Sewer Service Fees,
Traffic Fees, Drainage Fees, and Park Fees. Arrangements
to pay these fees shall be made:
a. Prior to recordation of the final map; or
B. Prior to issuance of a building permit;
as determined applicable by the appropriate department or
agency.
C. A five foot band of turf block (grasscrete) shall be
provided around the center planter. The driveway shall
be stamped concrete and colored brick red. A contrasting
paint and/or pattern shall delineate the 2 parking spaces
to be provided in the driveway area. The spaces shall be
DL3: 91-057a 9(10/30/91)
in conformance with the City of Encinitas Offstreet
Parking Design Manual.
D. A five foot setback shall be maintained from the south
property line for the proposed retaining wall in the side
yard and a fence shall be constructed on top of the
retaining wall in compliance with UBC standards.
E. A revised tentative parcel map depicting the approved
building footprint shall be submitted to the Planning and
Community Development Department prior to submittal for
final map plan check.
F. Any change to the natural drainage or concentration of
drainage shall be adequately handled and shall not impact
adjacent properties other than as shown on the Tentative
Map.
G. A plan shall be submitted for approval by the Director of
Planning and Community Development and the Encinitas Fire
Protection District regarding the treatment of the site
during the construction phase, and the circulation and
parking of construction workers' vehicles and any heavy
equipment needed for the construction of the project.
H. All required plantings and approved irrigation systems
shall be in place prior to use or occupancy of new
buildings or structures. All required plantings and
irrigation systems shall be maintained in good condition,
and whenever necessary, shall be replaced with new
materials to ensure continued compliance with applicable
landscaping, buffering, irrigation and screening
requirements as setforth in a final landscape plan to be
reviewed for conformance with the revised conceptual
landscape plan dated received by the City of Encinitas on
August 13, 1991, and on file in the Department of
Planning and Community Development. All landscaping and
associated automatic irrigation systems shall be
maintained in a manner that will not depreciate adjacent
property values and otherwise adversely affect adjacent
properties.
1. Structural heights shall be verified by a licensed Civil
Engineer or surveyor prior to framing inspection to
assure conformance to approved plan heights.
J. Mail boxes, shall be installed and located by the
developer subject to approval by the Community
Development Department unless written information is
provided by the postal service to state otherwise.
DL3: 91-057a 10(10/30/91)
K. Minor modifications to this Design Review, if deemed to
be in substantial conformance wi th the original approval,
may be approved, in writing, by the Director of Community
Development. The Director may refer any modification
request to the L~ucadia Community Advisory Board for
their review/approval in accordance with the Municipal
Code.
3. ENVIRONMENTAL MITIGATIONS
A. The Mitigation Monitoring and Reporting Program (MMRP) as
contained within the Negative Declaration for the project
as Certified by the Leucadia Community Advisory Board on
this date shall be instituted for the project. A
covenant shall be recorded agreeing to submit funds to
accomplish the Mitigation Monitoring and Reporting
Program prior to issuance of any permits for the project.
The amount necessary will be determined by the Director
of Planning and Community Development and the City
Engineer prior to issuance of said permits.
B. All recommendations contained in the Preliminary
Geotechnical Investigation shall be adhered to (see
Hetherington Engineering Project No. 633.1, February 12,
1991).
C. It has been found that this project will not individually
or cumulatively have an adverse effect on wildlife
resources, as defined in Section 711.2 of the Fish and
Game Code and is thereby exempt from Department of Fish
and Game filing fees.
THESE ITEMS MUST BE COMPLETED PRIOR TO FINAL FIRE DISTRICT
APPROVAL. APPLICANT SHALL CONTACT THE ENCINITAS FIRE
PROTECTION DISTRICT REGARDING COMPLIANCE WITH THE FOLLOWING
CONDITIONS:
4. FIRE
A. Gates: All automatic gates across fire access roadways
shall be equipped with approved emergency key operated
switches overriding all command functions and opening the
gate. Gates accessing more that three residences or
residential lots shall also be equipped with approved
emergency traffic control activating strobe sensor(s),
which will activate the gate on the approach of emergency
apparatus. All automatic gates must meet Fire Department
DL3: 91-057a 11(10/30/91)
policies deemed necessary by the Chief for rapid reliable
access.
B. Prior to delivery of combustible building materials on
site, water and sewer systems shall satisfactorily pass
all required tests and be connected to the public water
and sewer systems. In addition, the first lift of
asphalt paving shall be in place to provide adequate,
permanent access for emergency vehicles. Said access
shall be maintained to the satisfaction of the Fire
District.
C. Address numbers shall be clearly visible from the street
fronting the structure. Where structures are located off
a roadway on long driveways, a monument shall be placed
at the entrance where the driveway intersects the main
roadway. Permanent address numbers shall be displayed on
this monument.
D. Structures shall be protected by automatic fire sprinkler
systems. Sprinkler systems shall be installed to the
satisfaction of the Encinitas Fire Protection District.
E. Prior to final recordation, the applicant 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.
APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
5. GRADING
A. No grading permits shall be issued for this subdivision
prior to recordation of the final map.
B. The developer shall obtain a grading permit prior to the
commencement of any clearing or grading of the site.
C. No grading shall occur outside the limits of the
SUBDIVISION/PROJECT unless a letter of permission is
obtained from the owners of the affected properties.
This does not pertain to the off-site road improvements.
D. All slopes within this project shall be no steeper than
2: 1.
DL3: 91-057a 12(10/30/91)
E. A soils/geological/hydraulic report (as applicable) shall
be prepared by a qualified engineer licensed by the State
of California to perform such work prior to building
permit issuance or at first submittal of a grading plan.
F. Prior to hauling dirt or construction materials to any
proposed construction site within this project the
developer shall submit to and receive ,approval from the
City Engineer for the proposed haul route. The developer
shall comply with all conditions and requirements the
City Engineer may impose with regards to the hauling
operation.
6. DRAINAGE CONDITIONS
A. The developer shall exercise special care during the
construction phase of this project to prevent any offsite
siltation. The developer shall provide erosion control
measures' and shall construct temporary
desiltation/detention basins of type, size and location
as approved by the City Engineer. The basins and erosion
control measures shall be shown and specified on the
grading plan and shall be constructed to the satisfaction
of the City Engineer prior to the start of any other
grading operations. Prior to the removal of any basins
or facilities so constructed the area served shall be
protected by additional drainage facilities, slope
erosion control measures and other methods required or
approved by the City Engineer. The developer shall
maintain the temporary basins and erosion control
measures for a period of time satisfactory to the City
Engineer and shall guarantee their maintenance and
satisfactory performance through cash deposit and bonding
in amounts and types suitable to the City Engineer.
B. A drainage system capable of handling and disposing of
all surface water originating wi thin the subdivision, and
all surface waters that may f low onto the subdivision
from adjacent lands, shall be required. Said drainage
system shall include any easements and structures as
required by the City Engineer to properly handle the
drainage. Drainage analysis shall include evaluation of
inlet and drain in Neptune, across from this project and
augmentation if needed.
C. The developer shall pay the current local drainage area
fee prior to approval of the final map for this project
or shall construct drainage systems in conformance with
the Master Drainage Plan and City of Encinitas Standards
as required by the City Engineer.
DL3: 91-057a 13(10/30/91)
D. Concentrated flows across driveways and/or sidewalks
shall not be permitted.
7. STREET CONDITIONS
A. Prior to any work being performed in the public right-of-
way, a right-of-way construction permit shall be obtained
from the Public Works office and appropriate fees paid,
in addition to any other permits required.
B. 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.
Prior to close of escrow the developer shall require that
the prospective property owners sign and return the
following statement to the City of Encinitas Department
of Planning and Community Development:
"In purchasing Unit , I am aware of and
understand that I am agreeing not to oppose the
formation of an assessment district to fund the
installation of right-of-way improvements."
C. Improvements constructed within the present or future
public right-of-way shall be considered temporary.
Applicant shall enter into an encroachment removal
covenant agreeing to remove those improvements at the
direction of the City.
8. TRAFFIC
A. A Traffic Impact Assessment Letter; addressing traffic
flow and sight distance related to the intersection of
the project driveway and Neptune Avenue; shall be
submitted prior to recordation of the final map. Said
letter may be prepared by the Engineer of Record of the
Tentative Parcel Map. Additionally, said letter shall be
reviewed and approved by the City Engineer and any
improvements deemed necessary as a result of the Traffic
Impact Assessment Letter shall be made prior to
recordation of the final map.
Plans, specifications, and supporting documents for all
improvements shall be prepared to the satisfaction of the
City Engineer. Prior to approval of the final map, the
Subdivider shall install, or agree to install and secure
with appropriate security as provided by law,
DL3: 91-057a 14(10/30/91)
improvements shown on the tentative map and the following
improvements to City Standards to the satisfaction of the
City Engineer:
Those improvements recommended, within the Traffic
Impact Assessment Letter, as mitigation measures
for the intersection project driveway and Neptune
Avenue.
APPLICANT SHALL CONTACT THE APPROPRIATE AGENCY REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
9. UTILITIES
A. The developer shall comply with all the rules,
regulations and design requirements of the respective
utility agencies regarding services to the project.
B. The developer shall be responsible for coordination with
S.D.G. & E., Pacific Telephone, and Cable TV authorities
and all other affected utilities.
C. All proposed utilities within the project shall be
installed underground including existing utili ties unless
exempt by the Municipal Code.
D. The developer shall be responsible for the relocation and
undergrounding of existing public utili ties, as required.
E. If private sewer will serve this development then a
maintenance agreement must be executed before recordation
of the Final Map.
10. PUBLIC WORKS ADDITIONAL CONDITIONS
A. Should the developer decide to final map and develop
phases out of numerical sequence with the approved
phasing as shown on the tentative map all conditions
required of the preceding phases shall be completed.
DL3: 91-057a 15(10/30/91)