1990-07
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8 RESOLUTION NO. L - 90-07
A RESOLUTION OF THE LEUCADIA
COMMUNITY ADVISORY BOARD TO APPROVE
DESIGN REVIEW PERMIT AND TENTATIVE PARCEL MAP
TO CONSTRUCT A FOUR UNIT CONDOMINIUM TOWNHOUSE COMPLEX
LOCATED AT 137 JUPITER STREET
(CASE NO. 89-194-DR/TPM)
WHEREAS, a request for consideration of a Design Review Permit
and Tentative Parcel Map was filed by Architura for Marcus Dewood
to allow the construction of a four unit townhouse complex with
condominium form of ownership, pursuant to section 66451 of the
Subdivision Map Act and Chapter 23.08 of the City of Encinitas
Municipal/Zoning Codes, for the property located at 137 Jupiter
Street, legally described as:
Lot 14, Block 2, SOUTH COAST PARK NO. 4, in the city of
Encinitas, County of San Diego, State of California, according
to Map thereof No. 2049, filed in the Office of the County
Recorder of San Diego County, July 26, 1927.
WHEREAS, public hearings were conducted on the application,
. on November 9, 1989, and on December 7, 1989 and March 8, 1990 to
review the application and all persons desiring to be heard were
heard; and
WHEREAS, evidence was submitted and considered to include
without limitation:
1. The staff reports dated November 3, 1989 and November 28,
1989, and February 28, 1990;
2. The proposed General Plan, Local Coastal Program, Zoning
Code and maps;
3. Oral evidence submitted at the hearing;
4. written evidence submitted at the hearing;
5. Documentation and site plans submitted by the applicant;
and
WHEREAS, the Leucadia Community Advisory Board made the
required Design Review findings pursuant to Section 23.08 of the
Municipal/Zoning Code (See Attachment "A"), the required Tentative
Parcel Map findings pursuant to the California Subdivision Map Act,
Section 66474 (See Attachment "B") and the findings required to
exceed the mid-range density pursuant to Section 30.16.010 B (a)-
(d) of the Zoning Code (See Attachment "C").
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8 NOW, THEREFORE, BE IT RESOLVED by the Leucadia Community
Advisory Board of the city of Encinitas that the Design Review
Permit and Tentative Parcel Map are hereby approved subject to the
following conditions:
1. GENERAL CONDITIONS
A. This approval will expire in two years, on March 8,
1992, at 5:00 p.m. 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
agency wi thin 15 calendar days from the date of this
approval.
C. 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 unless
specifically waived here.
D. The applicant shall comply with the latest adopted
Uniform Building Code, Uniform Mechanical Code,
Uniform Plumbing Code, National Electric Code,
8 Uniform Fire Code, and all other applicable codes
and ordinances in effect at the time of building
permit issuance unless specifically waived here.
E. 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 the
applicant is not able to obtain building permits due
to a growth management program within the two year
period, this approval may be extended by the
Director of Planning and Community Development to
allow for the issuance of building permits.
F. Permits from other agencies will be required as
follows:
0 Coastal Commission
G. Prior to issuing a final inspection on framing, the
applicant shall provide a survey from a licensed
surveyor or a registered civil engineer verifying
the building height is in compliance with the design
review permit.
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H. Although the Zoning Ordinance may define certain
building heights as two story structures, the
Uniform Building Code may define the structure as
a three story building requiring an additional exit
or other improvements.
I. The developer/owner shall pay a sum of $1,686 per
dwelling unit into a fund to be designated as
additional park fees for Leucadia. The
developer/owner has agreed to this condition in
order that his project would "provide other
significant benefits" and thereby make the findings
that allow the project to exceed mid-range density
pursuant to Section 30.16. B. 2 . d (3) of the Zoning
Code.
J. The developer/owner shall enter into a covenant
agreement restricting the parking of recreation
vehicles on the subject property. Said covenant
shall also include a condition that there shall be
no parking in the auto-court common area. Car
washing and similar uses shall take place in the
guest parking area.
8 APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND COMMUNITY
DEVELOPMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
2. SITE DEVELOPMENT
A. site shall be developed in accordance with the
approved site plans which are dated by architect
August 11, 1989 and signed as approved on March 8,
1990 by Leucadia Community Advisory Board and which
are on file in the Planning and Community
Development Department and the conditions contained
herein. Said site plan is approved subject to the
following modifications:
a. The applicant shall provide for additional
planting areas along the Jupiter street right-
of-way and on the proposed crib wall. The
Coral Tree in the front yard shall be increased
in size to a 36" box specimen. The crib wall
on the southeast side of the property shall be
planted with Bougainvillea. All 15 gallon
Purple Leaf Plum trees indicated on landscape
plan shall be planted as 24" box Purple Leaf
Plum trees.
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B. Mail boxes, shall be installed and located by the
developer subject to approval by the authorized
agency pursuant to Design Review unless written
information is provided by the postal service to
state otherwise.
C. All roof appurtenances, including air conditioners,
shall be architecturally integrated, shielded from
view and sound buffered from adjacent properties and
streets as required and approved by the Department
of Planning and Community Development.
D. Prior to any use of the project site or business
activity being commenced thereon, all conditions of
approval contained herein shall be completed to the
satisfaction of the Director of Planning and
Community Development.
E. For new residential dwelling unites), 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,
8 and Park Fees. Arrangements to pay these fees shall
be paid prior to final map approval as deemed
necessary by the appropriate agency.
F. Owner(s) shall enter into and record a covenant
satisfactory to the city Attorney waiving any claims
of liability against the City and agreeing to
indemnify and hold harmless the City and City's
employees relative to the approved project.
G. Any change to the natural drainage or concentration
of drainage shall be adequately handled and shall
not impact adjacent properties.
H. A plan shall be submitted for approval by the
Director of Planning and Community Development and
the Encinitas Fire Department regarding the security
treatment of the site during the construction phase,
the on- and off-site circulation and parking, of
construction workers' vehicles and any heavy
equipment needed for the construction of the
project.
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3. PARKING AND VEHICULAR ACCESS
A. Driveways shall meet the standards of the Zoning
Ordinance, Public Works Standards, and the Offstreet
Parking Design Manual.
4. LANDSCAPING
A. The landscape plan shall meet the standards of the
Zoning Ordinance, Grading Ordinance, Landscape
Guidelines and Offstreet Parking Design Manual. The
site shall be planted in accord with the landscape
plan dated August 22, 1989 (seal) which was received
by the City on August 24, 1989 and which was
approved on March 8, 1990 by the Leucadia Community
Advisory Board and is approved as submitted subject
to the following modifications:
a. The applicant shall provide for additional
planting along the Jupiter street right-of-way
and on the crib wall along the eastern property
boundary. The Coral Tree in the front yard
8 shall be increased in size to a 36" box
specimen. The crib wall on the southeast side
of the property shall be planted with
Bougainvillea. All 15 gallon Purple Leaf Plum
trees indicated on landscape plan shall be
planted as 24" box specimen trees.
B. All required plantings shall be in place prior to
use or occupancy of new buildings or structures.
All required plantings shall be maintained in good
growing conditions, and whenever necessary, shall
be replaced with new plant materials to ensure
continued compliance with applicable landscaping,
buffering, and screening requirements. All
landscaping shall be maintained in a manner that
will not depreciate adjacent property values and
otherwise adversely affect adjacent properties.
C. The height required for hedges or other dense
landscaping is the height to be attained within 3
years after planting.
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APPLICANT SHALL CONTACT THE ENCINITAS FIRE PROTECTION DISTRICT
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
7. FIRE
A. 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.
B. Submit a letter from the Encinitas Fire District,
if required, stating satisfaction with the type and
location of fire hydrants and the minimum required
water flow in gallons per minute together with a
letter from the appropriate agency certifying that
the fire department's minimum required water flow
is available to serve the site.
C. Numbers shall be clearly visible from the street
8 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. 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. All tentative maps filed with the City or District
shall require, as a standard condition, annexation
to the Fire District Benefit Assessment Area.
F. All changes in zoning, increases in density or
changes in Fire District conditions of existing or
pending tentative maps shall require annexation to
the Benefit Assessment Area.
G. 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.
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8. BUILDING
A. Existing sewage disposal facilities shall be
removed, filled and/or capped to comply with
appropriate grading practices and the Uniform
Plumbing Code.
B. Prior to the building department approving the
connection to the buildings to the private sewer or
water systems located in the private right of way,
the civil engineer responsible for the design and
the inspector responsible for the system inspection
must certify in writing to the Director of Public
Works that the sewer and/or water systems were
designed and constructed in accordance with the
utility district or agency standards for public
systems.
APPLICANT SHALL CONTACT THE COMMUNITY SERVICES DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
9. RECREATION
A. The developer shall pay the Park Fee at the
. established rate at the date of final inspection or
the date of the certificate of occupancy, whichever
occurs later.
APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
10. 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. The grading for this project is defined in Chapter
23.24 of the Encinitas Municipal Code. Grading
shall be performed under the observation of a civil
engineer whose responsibility it shall be to
coordinate site inspection and testing to ensure
compliance of the work with the approved grading
plan, submit required reports to the City Engineer
and verify compliance with Chapter 23.24 of the
Encinitas Municipal Code.
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D. No grading shall occur outside the limits of the
SUBDIVISION unless a letter of permission is
obtained from the owners of the affected properties.
E. A separate grading plan shall be submitted and
approved and a separate grading permit issued for
the borrow or disposal site if located within the
city limits.
F. All slopes within this project shall be no steeper
than 2: 1.
G. A soils/geological/hydraulic report shall be
prepared by a qualified engineer licensed by the
State of California to perform such work prior to
final map approval.
11. STREETS AND SIDEWALKS
(The authorized agency may modify City Standards in
particular cases. The application of a request for such
modification must show special circumstances or
conditions affecting the property in question; and that
8 such modification is necessary for the preservation and
enjoyment of a substantial property right of the
applicant; and that the modification will not be
materially detrimental to the public welfare or injurious
to other property in the immediate vicinity pursuant to
Municipal Code Section 24.01.180.)
A. The developer shall make an offer of dedication to
the City for all public streets and easements
required by these conditions or shown on the
TENTATIVE MAP. The offer shall be made BY A
CERTIFICATE ON THE FINAL MAP for this project. All
land so offered shall be granted to the City free
and clear of all liens and encumbrances and without
cost to the city. streets that are already public
are not required to be rededicated.
B. Jupiter Street shall be dedicated by the developer
along the subdivision frontage based on a center
line to right-of-way width of 30 feet and in
conformance with City of Encinitas Standards.
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c. Reciprocal access and maintenance and/or agreements
shall be provided ensuring access to all parcels
over private roads, drives or parking areas and
maintenance thereof to the satisfaction of the
Director of Public Works.
D. 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.
E. 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,
improvements to City Standards to the satisfaction
of the City Engineer:
The private road of access in accordance with the
City of Encinitas private road standards.
8 F. 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.
G. The design of all private streets and drainage
systems shall be approved by the City Engineer
prior to APPROVAL OF THE FINAL MAP for this project.
The structural section of all private streets shall
conform to City of Encinitas Standards based on R-
value tests. The standard improvement plan check
deposit is required.
12. DRAINAGE CONDITIONS
A. A drainage system capable of handling and disposing
of all surface water originating within the
subdivision, and all surface waters that may flow
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 property handle the drainage.
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B. Concentrated flows across driveways and/or sidewalks
shall not be permitted.
13. 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 SDG&E, Pacific Telephone, Cable TV authorities,
and other appropriate agencies.
C. All proposed utilities within the project shall be
installed underground including existing utilities
unless exempt by the Municipal Code.
D. The developer shall be responsible for the
relocation and undergrounding of existing public
utilities, as required.
14. GENERAL REQUIREMENTS AND APPROVALS
. A. Final parcel and tract maps shall conform to City
standards and procedures and the Subdivision Map
Act.
B. All provisions of the Subdivision Ordinance of the
Encini tas Municipal Code shall be met as they relate
to the division of land including the standard
conditions of approval as attached unless
specifically waived herein.
C. Those portions of the subject property proposed to
be held under common ownership shall be labeled such
and identified by a separate lot number on the final
map.
D. Prior to final map approval, all dedications shall
be made and easements granted as required above.
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15. STANDARD MAP CONDITIONS (Chapter 24.16 of the Municipal
Code)
A. That the subdivider grade and improve or agree to
grade and improve all land dedicated or to be
dedicated for streets or easements, bicycle routes,
and all private streets and private easements laid
out on a final map or parcel map in such manner and
with such improvements as are necessary for the use
of the lot owners in the subdivision and local
neighborhood traffic and drainage needs, and in
accordance with the City standards.
B. That the subdivider install or agree to install all
drainage and flood control structures and facilities
required by the City Engineer, which drainage and
flood control structures and facilities shall
conform to the City standards and the General Plan.
C. That the subdivider, if required, install or agree
to install fire hydrants and connections of a type
and location approved by the Fire Chief and City
Engineer.
8 D. That the subdivider provide all necessary easements
and right-of-way to accommodate all streets,
drainage and flood control structures and
facilities, sewer systems, water systems, cable
television and all other required utilities
extending beyond the boundaries of the subdivision.
E. That the subdivider shall provide that the
subdivision be connected to a domestic water system
approved by the city and all water system facilities
shall be subject to the requirements of the water
company or agency serving the subdivision. That the
subdivider shall install or agree to install all
required water systems necessary to serve the
subdivision, including fire hydrants and connections
as may be required, and that all water lines,
appurtenances and service connections have been
constructed or laid prior to paving or provisions
have been made to ensure said construction.
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F. That, where a sewer facility is constructed or laid
within a street or road, the subdivider has
installed or agreed to install sewer facilities of
a type, size and location approved by the City
Engineer to the property line of each lot within the
subdivision and that all sanitary sewer lines,
appurtenances and service connections have been
constructed or laid prior to paving or provisions
have been made to ensure said construction; and that
all sewer system facilities and construction
standards shall be subject to the requirements of
the agency providing service to the subdivision.
G. All new and existing utility facilities, including,
but not limited to power, telephone and cable
television conduit and lines within the boundaries
of any new subdivision and within any half-street
abutting a new subdivision, shall be placed
underground. The subdivider is responsible for
complying with the requirements of this subsection,
and shall make the necessary arrangement with each
of the serving utilities, including franchised cable
television operators, for the installation of such
8 facilities. Transformers, terminal boxes, meter
cabinets, pedestals, concealed ducts and other
facilities necessarily appurtenant to such
underground utilities and street lighting systems
may be placed above ground subject to the
subdivider's obtaining a Design Review Permit. The
provisions of this subsection shall not apply to the
installation and maintenance or overhead electric
transmission lines in excess of 34,500 volts and
long distance and trunk communication facilities.
This installation of cable television lines may be
waived when, in the opinion of the City Council, no
franchised cable operator is found to be willing and
able to install cable television lines in the
subdivision. Notwithstanding any such waiver, the
installation of cable television conduit is
required.
H. Where the City has adopted a flood control element
or drainage element of the general plan, all
improvements shall conform to such element.
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I. That the subdivider comply or agree to comply with
all the conditions of approval contained in the
resolution approving the tentative tract map and not
otherwise provided for by this Chapter.
J. That all required improvements conform to City
Standards.
The Director of Public Works or his designee or the
authorized agency (agent) has the authority to waive
or modify any conditions within this document upon
receipt of evidence indicating that the condition
has been fulfilled or cannot be fulfilled due to
circumstances beyond the control of the developer.
PASSED AND ADOPTED this 8th day of March, 1990, by the
following vote, to wit:
AYES: Eldon, Shur, Jacobson
NAYS: Kaden, Locko
8 ABSENT: None
ABSTAIN: None ~A-- L
AI en Sur, Chairperson
of the Leucadia
Community Advisory Board
ATTEST:
~~~
Assistant Planner
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ATTACHMENT "A"
LEUCADIA COMMUNITY ADVISORY BOARD
RESOLUTION NO. L-90-07
Findings for Design Review
(Section 23.08 Municipal Code)
(a) The project design is consistent with the General
Plan, a Specific Plan or the provisions of this
Code.
Evidence:
The project meets the findings to exceed the mid-range
density (See Attachment "C"), therefore, the project is
consistent with the provisions of the Municipal Code.
(b) The project design is substantially consistent with
the Design Review Guidelines.
Evidence:
. The exterior appearance of this project will blend well
with surrounding development. The applicant agreed to
add planting areas along the public right-of-way to
soften the visual bareness of the front site wall. The
project is custom-designed and of high quality and should
serve to encourage posi ti ve development in the area. The
buildings are arranged in such a manner so as to reduce
the visual impact of the project as viewed from Jupiter
street. In conclusion, the project is compatible with
neighboring properties and community character.
(c) The project would not adversely affect the health,
safety or general welfare of the community.
Evidence:
The project has letters of availability from all public
utilities. since there are currently no known safety
hazards or public health hazards associated with the
site, the proposed project should not adversely affect
the health, safety or general welfare of the community.
(d) The project would not tend to cause the surrounding
neighborhood to depreciate materially in appearance
or value.
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Evidence:
The proposed project is custom-designed, is coordinated
in terms of facade treatment, color and materials and is
compatible in bulk and scale with the newer structures
in the neighborhood. The project, therefore, would not
cause the surrounding neighborhood to depreciate
materially in appearance or value, in fact, it should
serve to upgrade the neighborhood.
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ATTACHMENT "B"
LEUCADIA COMMUNITY ADVISORY BOARD
RESOLUTION NO. L-90-07
Findings for a Tentative Parcel Map
(California Subdivision Map Act, Section 66474)
(a) That the proposed map is consistent with applicable
general and specific plans as specified in Section
65451 of the Subdivision Map Act.
Evidence:
The subject property is designated as Residential 8.01-
11.00 dwelling units per acre in the General Plan. This
designation would permit a minimum net lot area of 3,950
square feet well below the proposed lot area of 4,300
square feet per unit. The proposed subdivision is,
therefore, consistent with the Plan.
8 (b) That the design or improvement of the proposed
subdivision is consistent with applicable General
and Specific Plans.
Evidence:
The single lot, with condominium air rights for four
units, is designed to accommodate the four proposed
combination of two attached and two detached residential
units as specified in the General Plan.
(c) That the site is physically suitable for the type
of development.
Evidence:
Staff have identified no reasons why the site cannot
physically accommodate the residential development as
proposed. The development would be subject to Uniform
Building and Fire Codes.
(d) That the site is physically suitable for the
proposed density of development.
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Evidence:
The relatively level lot with street access is
physically suitable for the proposed density of
development since all the findings needed to exceed the
mid-range density can be met.
(e) That the design of the subdivision or the proposed
improvements are not likely to cause substantial
environmental damage or substantially and avoidably
injure fish or wildlife or their habitat.
Evidence:
Having identif ied no aspects in which this proposal could
have any significant adverse impacts on the environment,
staff have found the project to be exempt under Section
15061(b) (3) of the State CEQA.
(f) That the design of the subdivision or type of
improvements is not likely to cause serious public
health problems.
Evidence:
8 Sewer and water service is available on Jupiter Street
and the plan indicates internal utility connections. The
development, therefore, is not likely to cause any
serious public health problems.
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ATTACHMENT "C"
LEUCADIA COMMUNITY ADVISORY BOARD
RESOLUTION NO. L-90-07
Findings to Exceed Mid-Range Density
(Section 30.16.010 B (a)-(d) of the Zoning Code)
a. The environmentally constrained lands are adequately
protected, and;
Evidence:
The site is already fully developed and relatively level,
therefore, there are no environmentally constrained lands
to be protected.
b. The project shows high sensitivity to the
neighboring properties and area to ensure compatibility
with land uses and community character, and;
Evidence:
8 The exterior appearance of this project will blend well
with surrounding development. The applicant has agreed
to add planting areas along the public right-of-way to
soften the visual bareness of the front site wall. The
project is custom-designed and of high quality and should
serve to encourage positive development in the area. The
buildings are arranged in such a manner so as to reduce
the visual impact of the project as viewed from Jupiter
Street. In conclusion, the project is compatible with
neighboring properties and community character.
c. The project design significantly exceeds the minimum
standards for development, and;
Evidence:
The project does provide 33 trees where only 12 are
required. Similarly, it provides over 800 square feet
of private open space for each unit where only 200 square
feet is required. Four additional guest parking spaces
are provided above those required. In conclusion, based
on these additional features, the project does
significantly exceed the minimum standards for
development.
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d. The project either:
(1) Provides needed public improvements that are
significantly beyond the requirements for the project,
or;
(2) Provides private or public recreational facilities
that significantly exceed the project's requirements;
(3) Or provides other significant benefits.
Evidence:
The applicant has agreed to "provide other significant
benefits" by contributing a sum of $1,686 per dwelling
unit for additional park fees fund for Leucadia thus
complying with number (3) above.
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