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1990-19 - 8 RESOLUTION NO. L-90-19 A RESOLUTION BY THE LEUCADIA COMMUNITY ADVISORY BOARD TO APPROVE A MINOR USE PERMIT MODIFICATION TO ALLOW CONSTRUCTION OF AN 850 SQUARE FOOT CLASSROOM ADDITION, CERTAIN SITE AND LANDSCAPE IMPROVEMENTS, AND PERMIT THE DAYCARE USE IN PERPETUITY FOR THE EXISTING FACILITY KNOWN AS LEUCADIA CHILDREN'S SCHOOL LOCATED AT 1337 NORTH VULCAN CASE NO. 90-074 MIN/MOD WHEREAS, a request for consideration of a Minor Use Permit was filed by the Leucadia Children's School to allow construction of an 850 square foot classroom addition and certain site and landscape improvements as per Chapter 30.74 of the City of Encinitas Municipal Code, for the property located at 1337 North Vulcan Avenue legally described as: Lot 3 in Block 3 of South Coast Park in the County of San Diego, State of California according to map thereof No. 1776 filed in the office of the County Recorder of San Diego County, January 11, 1924. WHEREAS, a public hearing was conducted on the application on 8 June 21, 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 June 14, 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" 8 JJ/05/CRO6-588WP5 (06/29/90) CASE NO. 90-074-MIN/MOD PAGE 1 OF 8 8 PASSED AND ADOPTED this 21st day of June, 1990, by the following vote, to wit: AYES: Eldon, Shur, Locko, Jacobson NAYS: None ABSENT: Kaden ~ ABSTAIN: None Q~ Allen Shur, Chairperson of the Leucadia Community Advisory Board ATTEST: 8 8 JJ/05/CRO6-588WP5 (06/29/90) CASE NO. 90-074-MIN/MOD PAGE 2 OF 8 8 ATTACHMENT "A" LEUCADIA COMMUNITY ADVISORY BOARD RESOLUTION NO. L-90-19 Minor Use Permit (30.74.070) Findings: 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 existing and proposed facility has been and can be served by public utilities. The site has and can continue to be suitable for the existing and proposed use as a daycare 8 has operated on the site for 15 years. The facility's proximity to residential uses is a key factor in the viability of the use. The site is located in an urbanized, essentially build-out area without significant and established natural resources. Therefore, the impact of the existing facility and proposed addition is not viewed as having a negative impact on 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: Staff has identified no policies of the General Plan that his project will adversely affect. The existing facility and proposed addition meet all development criteria of the Zoning Code including required parking spaces, height of structures, building setbacks, floor area ratio and lot coverage. This use is specifically permitted in the R-11 zone as a conditional use. C. The project complies with all other regulations, conditions or policies imposed by this Code. Evidence: This project complies with other regulations, conditions and policies imposed by the Municipal Code. 8 JJ/05/CRO6-588WP5 (06/29/90) CASE NO. 90-074-MIN/MOD PAGE 3 OF 8 8 ATTACHMENT "B" LEUCADIA COMMUNITY ADVISORY BOARD RESOLUTION NO. L-90-19 1. GENERAL CONDITIONS: A. This approval will expire in two years, on June 21,1992, 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 8 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. 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. 8 JJ/05/CRO6-588WP5 (06/29/90) CASE NO. 90-074-MIN/MOD PAGE 4 OF 8 8 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 8 site plans, building elevations colored rendering, and landscape plans which are dated and signed as approved on June 21, 1990 by Community Advisory Board and which are on file in the Planning and Community Development Department. 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. 8 JJ/05/CRO6-588WP5 (06/29/90) CASE NO. 90-074-MIN/MOD PAGE 5 OF 8 8 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. 8 5. LANDSCAPING A. 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: 8 JJ/05/CRO6-588WP5 (06/29/90) CASE NO. 90-074-MIN/MOD PAGE 6 OF 8 8 7. FIRE A. Drive access required is 24' in width. If 24' is not possible, Fire Department will accept 16' if front structure is sprinklered. B. Trash enclosure must be moved. C. 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. D. All designated emergency access roads shall be posted pursuant to Fire District Standards. E. 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 8 on this monument. F. Prior to final approval, 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. 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 PUBLIC WORKS DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 8 JJ/05/CRO6-588WP5 (06/29/90) CASE NO. 90-074-MIN/MOD PAGE 7 OF 8 8 9. 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 properly handle the drainage. B. Concentrated flows across driveways and/or sidewalks shall not be permitted. 10. STREET CONDITIONS: A. An Irrevocable Offer of Dedication (I. O. D.) shall be made for feet along adjacent to the property for public right-of-way purposes. * *An Irrevocable Offer of Dedication shall be made, if applicable, along Vulcan Avenue adjacent to the property for road purposes. Vulcan Avenue is classified as a local augmented facility street requiring 70 feet of right-of-way or 35 feet from centerline. 8 B. 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. C. The developer shall obtain the City Engineer's approval of the project improvement plans and enter into a secured agreement with the City for completion of said improvements prior to issuance of any building permit within this project. The improvements shall be constructed and accepted for maintenance by the City Council prior to occupancy of any building permit for any unit within the project. The improvements are: Concrete curb and gutter, sidewalk and street light. 8 JJ/05jCRO6-588WP5 (06/29/90) CASE NO. 90-074-MIN/MOD PAGE 8 OF 8 . 8 RESOLUTION NO. L-90-20 A RESOLUTION OF THE LEUCADIA COMMUNITY ADVISORY BOARD TO APPROVE A DESIGN REVIEW PERMIT WHICH ALLOWS FOR THE CONSTRUCTION OF A 6' HIGH PERIMETER FENCE AND ASSOCIATED LOCKING SECURITY GATES LOCATED AT 121-159 W. GLAUCUS STREET (CASE NO. 90-109 DR) WHEREAS, a request for consideration of a Design Review Permit was filed by the Beachwalk Condominium Association to allow the construction of a 6' high fence and associated locking security gates, as per Chapter 23.08 of the City of Encinitas Municipal Code, for the properties located at 121-159 West Glaucus Street, legally described as: Parcell of Parcel Map No. 2475, in the County of San Diego, State of California, filed in the office of the County Recorder of San Diego County on March 21, 1974, together with Lots 6 and 8 in Block 6 of South Coast Park Unit #2, in the County of San Diego, State of California, according to Map thereof No. 1859. 8 WHEREAS, a public hearing was conducted on the application, July 5, 1990 and all persons desiring to be heard were heard; and WHEREAS, evidence was submitted and considered to include without limitation: 1. The staff report dated June 26, 1990; 2. The General Plan, the Municipal Code, 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 23.08 of the Municipal Code. SEE ATTACHMENT "A" JJ/04/CRO7-601wp5 (7-12-90/1) Case No. 90-109 DR 8 Page 1 of 6 8 NOW, THEREFORE, BE IT RESOLVED by the Leucadia Community Advisory Board of the Ci ty of Encinitas that the Design Review Permit application is hereby approved subject to the following conditions: SEE ATTACHMENT "B" PASSED AND ADOPTED this 5th day of July, 1990, by the following vote, to wit: AYES: Locko, Jacobson, Kaden, Shur, Eldon NAYS: None ABSENT: None ABSTAIN: None (flAhur ~son of the Leucadia Community Advisory Board 8 ATTEST: ~~ Assistant Planner JJ/04/CRO7-601wp5 (7-12-90/1) Case No. 90-109 DR 8 Page 2 of 6