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
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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
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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
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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:
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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