1990-20
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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.
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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
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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 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 (f;Mhur ~sõn
of the Leucadia
Community Advisory Board
8 ATTEST:
~~
Assistant Planner
JJ/04jCRO7-601wp5 (7-12-90/1) Case No. 90-109 DR
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8 ATTACHMENT nAn
LEUCADIA COMMUNITY ADVISORY BOARD
RESOLUTION NO. L-90-20
Findings for a Design Review Permit
(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 is consistent with the General Plan and
the Municipal Code. There is no specific plan applicable to
this area.
B. The project design is substantially consistent with the Design
Review Guidelines.
Evidence: The fence and gate are in keeping with and
compatible to existing adjacent development. As architectural
styles and uses within the area are varied, a fence and gate
of the type proposed will coordinate with existing
development.
C. The project would not adversely affect the health, safety
8 or general welfare of the community.
Evidence: As the location of the gate is well set back from
West Glaucus Street, sight distance for vehicles exiting the
Beachwalk property and entering the road would have no
difficulty identifying on-coming traffic. The proposed gate
will be fitted with knox-type key entries and optical strobe
sensing devices which guarantee vehicular and pedestrian
access during all situations including emergencies. The fence
and gate will aid in reinforcing security in an area
susceptible to criminal activities.
D. The project would not tend to cause the surrounding
neighborhood to depreciate materially in appearance or
value.
Evidence: Given surrounding development styles, types, and
uses, the proposed wrought iron structure should not cause the
adjacent neighborhood to depreciate in appearance or value.
JJ/04/CRO7-601wp5 (7-12-90/1) Case No. 90-109 DR
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ATTACHMENT nBn
8 LEUCADIA COMMUNITY ADVISORY BOARD
RESOLUTION NO. L-90-20
1. SPECIFIC CONDITIONS
A. All fence/gate components shall be kept current in terms
of technology. Changes in components shall be made as
technology dictates and without undue hesitation on the
part of the Beachwalk Condominium Association.
2. GENERAL CONDITIONS
A. This approval will expire in two years, on July 5, 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
8 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,t he 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 acti vi ties similar in nature to the acti vi ty
authorized by this permit.
8 JJ/04/CRO7-601wp5 (7-12-90/1) Case No. 90-109 DR
Page 4 of 6
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H. Nothing in this permit shall authorize the applicant to
intensify the authorized activity beyond that which is
specifically described in this permit.
1. Approval of this request shall not waiver compliance with
any sections of the Zoning 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
8 building permits.
L. Permits from other agencies will be required as follows:
Coastal Commission
M. 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.
N. Project is approved as evidenced by the site plan dated
March 8, 1990 and signed by a City Official as approved
by the Leucadia Community Advisory Board on July 5, 1990
and shall not be altered without Planning and Community
Development Department review and approval.
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND COMMUNITY
DEVELOPMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
3. SITE DEVELOPMENT
A. Prior to any use of the project site, all conditions of
approval contained herein shall be completed to the
JJ/04/CRO7-601wp5 (7-12-90/1) Case No. 90-109 DR
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satisfaction of the Director of Planning and 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: Permi t 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 paid prior to building permit
issuance as deemed necessary by the appropriate agency.
APPLICANT SHALL CONTACT THE ENCINITAS FIRE PROTECTION DISTRICT
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
4. FIRE
A. Prior to final inspection, 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.
B. 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 than 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
policies deemed necessary by the Chief for rapid reliable
access.
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