1990-17
-
. RESOLUTION NO. L-90-17
A RESOLUTION OF THE LEUCADIA
COMMUNITY ADVISORY BOARD APPROVING A TENTATIVE PARCEL MAP
FOR CONVERSION OF TWO EXISTING RESIDENTIAL UNITS
INTO A ONE LOT CONDOMINIUM FORM OF OWNERSHIP
LOCATED AT 1447-1449 HYGEIA AVENUE
(CASE NO. 90-032 TPM)
WHEREAS, a request for consideration of Tentative Parcel Map
90-032 was filed by Ken Bayer for conversion of a duplex into a one
lot condominium form of ownership for property located at 1447-1449
Hygeia Avenue, legally described as;
The Southerly 70 feet of the Northerly 141 feet of the
Westerly 90 feet of Lot 6 in Block 25 of North Leucadia,
County of San Diego, State of California, according to Map
thereof No. 524, filed in the Office of the County Recorder
of San Diego County, April 6, 1888.
Together with the Easterly 20 feet of the Hygeia Street
adjoining said portion of Lot 6 on the West as vacated and
. closed to public use on November 19, 1915 by order of the
Board of Supervisors of said San Diego County, A copy of said
order recorded December 26, 1916 in Book 500, page 343 of
Deeds.
WHEREAS, public hearings were conducted on the application on
June 7, 1990 and;
WHEREAS, the Community Advisory Board considered:
1. The staff report dated May 30, 1990;
2. The Tentative Parcel Map submitted by the applicant;
3. Oral evidence submitted at the hearing;
4. Written evidence submitted with the application and at
the hearing; and
.
JJ/03/CRO7-554WP5 (6-20-90/3) Page 1 of 5
. WHEREAS, the Leucadia Community Advisory Board made the
following findings pursuant to Section 24.40.100 of the City of
Encinitas Subdivision Ordinance:
SEE ATTACHMENT "A"
NOW, THEREFORE, BE IT RESOLVED that Tentative Parcel Map 90-
032 TPM is hereby approved in accordance with Chapter 24.40 of the
City of Encinitas Subdivision Ordinance subject to the following
conditions:
1. Each living unit shall be provided with approved detectors of
products of combustion other than heat conforming to the
latest U.B.C. standards, mounted on the ceiling or wall at a
point centrally located in the corridor or area giving access
to rooms used for sleeping purposes.
2. Maintenance of Fire Protection Systems. All fire hydrants,
fire alarm systems, portable fire extinguisher and other fire
. protective appliances shall be retained in an operable
condition at all times.
3. Prior to final map approval, applicant shall submit a letter
from the Fire District stating that all Development Impact,
plan check and/or cost recovery fees have been paid.
4. Each dwelling unit shall be separately metered for water, gas
and electricity. As an alternative, a plan for equitable
sharing of communal water metering shall be developed prior
to final map approval and included in the covenants,
conditions and restrictions. In such cases where the
subdivider can demonstrate that this standard cannot or should
not reasonably be met, this standard may be modified by the
authorized agency.
5. 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 Services Fees, Traffic
Fees, Drainage Fees, and Park Fees. Arrangements to pay
these feels shall be paid prior to final map approval as
deemed necessary by the appropriate agency.
6. The San Dieguito Water District is currently serving water to
. this location and has no objections to the conversion,
providing the following criteria are met:
JJ/03/CRO7-554WP5 (6-20-90/3) Page 2 of 5
. a. Customer account shall be maintained in the name of the
property owner or person occupying the property to which
water service is provided.
b. Water may be supplied through one meter to multiple
residential units providing it remains as one single
assessor's parcel.
c. There are no plumbing changes requiring additional water
consumption to the property.
7. The applicant shall furnish the Community Development
Department with a Coastal Development Permit or Notice of
Exemption from the California Coastal Commission prior to
recordation.
8. Prior to recordation of the Final Parcel Map, the owner(s)
shall have the proposed Parcel Map approved by the Authorized
Agency of the City of Encinitas.
9. The applicant shall remit the appropriate impact fees pursuant
to Chapter 23 of the Municipal Code or present evidence that
the project is not subject to the fees.
. 10. Pursuant to City of Encinitas Subdivision Ordinance 24.50.130,
the Final Parcel Map must be recorded in substantial
conformance to this Tentative Parcel Map within 24 months of
the date of approval (4: 00 p.m., June 7, 1992), or this
approval will no longer be valid.
11. The applicant shall effect the following repairs to the
structure prior to final map approval:
a. Repair roof leakage at southwest corner to south unit.
b. Repair damaged shingle tabs on the north slope.
c. Repair both north and south exterior stairways support
posts which are rotten at the base.
12. Should the Director of Planning and Community Development
determine that the condominium conversion will displace a
tenant family qualifying as moderate, low or very low income;
in-lieu fees shall be paid or replacement of the unit(s) shall
be provided for low or moderate income families pursuant to
Article 10.7, Section 65590 of the State Planning and Zoning
Law.
NOTE: APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT
. REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
JJ/03/CRO7-554WP5 (6-20-90/3) Page 3 of 5
. 13. An Irrevocable Offer of Dedication (I.O.D.) shall be made for
5 feet along Hygeia adjacent to the property for public right-
of-way purposes.
14. 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.
NOTE: APPLICANT SHALL CONTACT THE ENCINITAS FIRE PROTECTION
DISTRICT REGARDING COMPLIANCE WITH THE FOLLOWING
CONDITIONS:
15. 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.
PASSED AND ADOPTED this 7th day of June, 1990, by the-
following vote, to wit:
. AYES: Locko, Eldon, Kaden, Shur
NAYS: None
ABSENT: Jacobson
ABSTAIN: None
M~r~~
of the Leucadia
Community Advisory Board
ATTEST:
.
JJ/O3/CRO7-554WP5 (6-20-90/3) Page 4 of 5
.
'.' ATTACHMENT "A"
. LEUCADIA COMMUNITY ADVISORY BOARD
RESOLUTION NO. L-90-17
CASE NO. 90-032 TPM
Findings pursuant to Section 24.40.100 of the City of
Encinitas Subdivision Ordinance:
1. All provisions of Chapter 24.40 are met.
Evidence: Chapter 24.40 contains development standards
applicable only to conversion to condominiums or stock
cooperatives. Subject to the conditions of approval contained
in the attached resolution, those standards will be complied
with.
2. The proposed conversion is not inconsistent with any
objectives or policies in the City General Plan specifically
directed to the conversion.
Evidence: Staff has identified no goals, objectives, or
policies of the General Plan with which this proposal is
inconsistent.
3. The proposed conversion will conform to the Municipal Code in
. effect at the time of Tentative Map approval except as
otherwise provided in this Chapter.
Evidence: The proposed conversion is in conformance with
current Municipal Code Regulations.
4. The overall design and physical conditions of the conversion
achieves a high degree of appearance, quality and safety.
Evidence: As no evidence has been submitted to the contrary,
it can be found that the structures achieve a high degree of
appearance, quality and safety.
5. The conversion would not displace predominantly low and
moderate income families or tenants without adequate provision
for suitable relocation of such families or tenants.
Evidence: Should the Director of Planning and Community
Development determine that the condominium conversion will
displace a tenant family qualifying as moderate, low or very
low income; in lieu fees shall be paid or replacement of the
unites) shall be provided for low or moderate income families
pursuant to Article 10.7, Section 65590 of the State Planing
and Zoning Law.
.
JJ/03/CRO7-554WP5 (6-20-90/3) Page 5 of 5
þ
. RESOLUTION NO. L-90-18
A RESOLUTION BY THE LEUCADIA COMMUNITY ADVISORY BOARD
TO APPROVE A MINOR USE PERMIT TO ALLOW CONSTRUCTION OF A
ROADSIDE FLOWER, FRUIT AND PRODUCE STAND,
TO ALLOW THE CULTIVATION OF APPROXIMATELY 3.25 ACRES
OF LAND AND TO CERTIFY A MITIGATED NEGATIVE
DECLARATION FOR THE ABOVE ACTIVITIES TO BE
LOCATED AT THE SOUTHEAST CORNER OF LA COSTA AVENUE
AND SAXONY ROAD
(CASE NO. 89-110-MIN)
WHEREAS, a request for consideration of a Minor Use Permit was
filed by A.K. Oliver to allow construction of a roadside stand and
permit agricultural cultivation of approximately 3.25 acres as per
Chapter 30.74 of the City of Encinitas Municipal Code, for the
property located at the southeast corner of La Costa Avenue and
Saxony Road legally described as:
West half of Lot 7 of Northwest quarter of Southeast
quarter of Section 34, Township 12 South, Range 4 West,
San Bernardino Base and Meridian, in the County of San
Diego according to united States Government Survey
. approved May 3, 1883.
WHEREAS, a public hearing was conducted on the application on
June 7, 1990 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 May 30, 1990;
2. The General Plan, 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 findings pursuant to Section 30.74 of the Zoning Code.
SEE ATTACHMENT "A"
NOW, THEREFORE, BE IT RESOLVED by the Leucadia Community
Advisory Board of the City of Encinitas that the Minor Use Permit
application is hereby approved subject to the following conditions:
SEE ATTACHMENT "B"
. JJ/03/CRO6-570WP5 (06/22/90/4) CASE NO. 89-110-MIN
PAGE 1 OF 10
. PASSED AND ADOPTED this 7th day of June, 1990, by the
following vote, to wit:
AYES: Eldon, Shur, Kaden, Locko
NAYS: None
ABSENT: Jacobson
ABSTAIN: None ~.~
A len ur, Chairperson
of the Leucadia
Community Advisory Board
.
. JJ/03/CRO6-570WP5 (06/20/90/3) CASE NO. 89-110-MIN
PAGE 2 OF 10
. ATTACHMENT "A"
LEUCADIA COMMUNITY ADVISORY BOARD
RESOLUTION NO. L-90-18
Minor Use Permit (30.74.070) Findinqs:
A. The location, size design or operating characteristics of the
proposed project will not be incompatible with and will not
adversely affect and will not be materially detrimental to
adjacent uses, residences, buildings, structures or natural
resources, with consideration given to, but not limited to:
1. The adequacy of public facilities, services and utilities
to serve the proposed project;
2. The suitability of the site for the type and intensity
of use or development which is proposed; and
3. The harmful effect, if any, upon environmental quality
and natural resources of the City; and
Evidence: The project, as modified, is consistent with the
accessory uses permitted in the rural residential 1 zone. The
. existing site has electricity and a water well. However, the
proposed use will not use electricity other than that
generated on-site on a temporary basis. As the structure is
in excess of 120 square feet of project roof area, compliance
with the Uniform Building Code will apply. All proposed
electric systems will be subject to UBC regulation.
The site is suitable and appropriate for the proposed uses.
The stand is well removed from existing residences and is
located adjacent to a Circulation Element Road. The area to
be cultivated will not be detrimental to and will not
adversely affect adjacent uses, residences, buildings,
structure, or natural resources.
Specific conditions relative to the types as fertilizers,
herbicides and pesticides used and stored on the site will
ensure minimum impact to the environment.
B. The impacts of the proposed project will not adversely affect
the policies of the Encinitas General Plan or the provisions
of this Code; and
Evidence: The proposed project, as modified, does conform to
General Plan policies and Zoning Code Requirements. The stand
is located next a Circulation Element Road. The General Plan
. encourages community food and flower gardens. The stand meets
JJ/03/CRO6-570WP5 (06/20/90/3) CASE NO. 89-110-MIN
PAGE 3 OF 10
. zoning code criteria for size, location, setbacks and parking
requirements.
C. The project complies with all other regulations, conditions
or policies imposed by this Code.
Evidence: This project will comply with all zoning code
requirements pertinent to the type of development proposed
since the resolution contains standard and specific conditions
that must be satisfied to approve this project.
.
. JJ/03/CRO6-570WP5 (06/20/90/3) CASE NO. 89-110-MIN
PAGE 4 OF 10
. ATTACHMENT "B"
LEUCADIA COMMUNITY ADVISORY BOARD
RESOLUTION NO. L-90-18
1. SPECIFIC CONDITIONS:
A. Applicant shall increase the numbers of plantings of
landscape materials. Such increased landscaping shall
be approved administrati vely without the need to be
reviewed by the Board. All landscape materials shall be
kept in a healthy and attractive condition.
B. The display area shall be limited in size to no more than
200 square feet. Any increase in display area beyond
this size shall constitute a code violation and shall be
handled accordingly.
C. Staff shall make a minimum of two site visits a year, on
a random and unannounced basis, to ensure compliance with
the conditions of approval of this use permit.
D. The applicant will be required to obtain special seasonal
permits for the sale of Christmas trees and pumpkins.
. E. The applicant shall obtain all required permits for the
hook-up and utilization of water and electrical services.
F. This project shall be permitted only 1 monument sign.
Such sign may have the proposed advertising message on
both sides, shall be 35 square feet in size (as indicated
on site plan), and will be located in such a manner as
to not restrict sight distances along La Costa Avenue and
Saxony Road.
G. The color of the stand shall be as presented on the
colored rendering approved by the Leucadia Community
Advisory Board on June 7, 1990.
H. Use of herbicides, pesticides, and fertilizers on the
site proposed to be cultivated shall be limited to the
following:
Herbicides
Safer Sharp Shooter Contact Weed Killer
Ortho Systemic Weed and Grass Killer
Round-Up Systemic Weed Killer
Pesticides
Safer Garden Insect Killer
Greenlight Dormant and Summer Insect Spray
. Greenlight Malathion
JJ/03/CRO6-570WP5 (06/20/90/3) CASE NO. 89-110-MIN
PAGE 5 OF 10
. Fertilizer
Woodace 20-5-5
I. In order to minimize wind erosion to the agricultural
site, the parcel shall not be left without vegetative
cover for more than 120 days for any given period.
Vegetative cover may consist of either planted or native
speCles.
2. GENERAL CONDITIONS:
A. This approval will expire in two years, on June 7, 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
within 15 calendar days from the date of this approval.
C. 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.
. D. 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.
E. In the event that any of the conditions of this permit
are not satisfied, the Planning and 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.
F. 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
delete conditions and regulations contained in this
permit.
G. 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.
. JJ/03/CRO6-570WP5 (06/20/90/3) CASE NO. 89-110-MIN
PAGE 6 OF 10
.
H. Nothing in this permit shall authorize the applicant to
intensify the authorized activity beyond that which is
specifically described in this permit.
I. 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.
J. 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 issuance unless
specifically waived here.
K. 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.
L. Permits from other agencies will be required as follows:
a. Coastal Commission
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND COMMUNITY
DEVELOPMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
3. SITE DEVELOPMENT
A. site shall be developed in accordance with the approved
site plans, building elevations colored rendering, and
landscape plans which are dated and signed as approved
on June 7, 1990 by 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
modification:
The applicant is permitted only one monument sign.
Such sign can be double-sided and shall be located
so as not to interfere with vehicular sight
distance.
. JJ/03/CRO6-570WP5 (06/20/90/3) CASE NO. 89-110-MIN
PAGE 7 OF 10
.
B. 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.
C. The applicant shall pay development fees at the
established rate. Such fees may include, but not be
I imi ted to: Permit and Plan Checking Fees, Water and
Sewer Service Fees, School Fees, Traffic Fees, Drainage
Fees and Park Fees. These fees shall be paid prior to:
a. Building permit issuance.
D. 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. (Option for bluff development:
This covenant is applicable to any bluff failure and
erosion resulting from the development project.)
F. Any change to the natural drainage or concentration of
. drainage shall be adequately handled and shall not impact
adjacent properties.
G. 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.
4. PARKING AND VEHICULAR ACCESS
A. Driveways shall meet the standards of the Zoning
Ordinance, Public Works Standards, and the Offstreet
Parking Design Manual.
5. LANDSCAPING
A. A revised landscape and irrigation plan shall be
submitted to and approved by the Department of Planning
and Community Development prior to the issuance of
building permits.
. JJ/03/CRO6-570WP5 (06/20/90/3) CASE NO. 89-110-MIN
PAGE 8 OF 10
.
B. All required planting 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.
6. SIGNS
A. Any signs proposed for this development shall be
designed and approved in conformance with the Sign
Ordinance.
APPLICANT SHALL CONTACT THE ENCINITAS FIRE PROTECTION DISTRICT
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
7. FIRE
. A. Applicant shall provide one fire extinguisher with a
maximum rating of 2A 10BC.
B. Prior to building permit issuance, applicant shall submit
a letter from the Fire District stating that all project
review fees have been paid.
C. There shall be not less than a 50' clearance of brush,
weeds, etc. all around proposed produce/flower stand.
8. BUILDING
A. Provide compliance with the Uniform Building code for
property line clearances considering use, area and fire
resistance of existing buildings.
B. Existing building(s) shall be made to comply with current
building and zoning regulations for the intended use or
the building shall be demolished with appropriate
permits.
APPLICANT SHALL CONTACT THE APPROPRIATE AGENCY REGARDING COMPLIANCE
. WITH THE FOLLOWING CONDITIONS:
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PAGE 9 OF 10
.
.
9. UTILITIES
A. The developer shall comply with all the rules,
regulations and design requirements of the respective
sewer and water 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.
C. All proposed utilities within the project shall be
installed underground including existing utilities unless
exempt pursuant to the Municipal Code.
D. The developer shall be responsible for the relocation and
undergrounding of existing public utilities, as required.
E. utility easements shall be provided to the specification
of the serving utility companies and the Director of
Public Works.
F. Water, sewer, and fire protection systems plans shall be
. designed and constructed to meet requirements of the City
of Encinitas, Fire District Appropriate Agency and the
Health Department of the County of San Diego.
10. PARKING
A. Regrade parking area along Saxony Road to conform with
the existing edge of pavement.
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