1990-21
.
8 RESOLUTION NO. L-90-21
A RESOLUTION BY THE LEUCADIA COMMUNITY ADVISORY BOARD
TO APPROVE A MINOR USE PERMIT TO ALLOW CONSTRUCTION
OF A 1050 SQUARE FOOT TWO STORY GARAGE AND
RECREATION ROOM, DETACHED ACCESSORY STRUCTURE
LOCATED AT 1439 NEPTUNE AVENUE
CASE NO. 90-130 MIN
WHEREAS, a request for consideration of a Minor Use Permit was
filed by David Bell to allow construction of a 1,050 square foot
two story detached accessory structure to be used as a two-car
garage and recreation room as per Chapter 30.74 of the City of
Encinitas Municipal Code, for the property located at 1439 Neptune
Avenue legally described as:
Lot 13, Block 3, South Coast Park No. 4, according to map
thereof No. 2049 filed in the Office of the County Recorder
of San Diego County July 26, 1927.
WHEREAS, a public hearing was conducted on the application on
July 19, 1990 and all persons desiring to be heard were heard; and
WHEREAS, evidence was submitted and considered to include
8 without limitation:
1. The staff reports dated July 12, 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 JJj04jCRO7-603WP51(7-25-90/4) CASE NO. 90-130 MIN
PAGE 1 OF 9
8 PASSED AND ADOPTED this 19th day of July, 1990, by the
following vote, to wit:
AYES: Locko, Eldon, Kaden, Shur
NAYS: None
ABSENT: None fNiur bson
ABSTAIN: Jacobson
of the Leucadia
Community Advisory Board
ATTEST:
I '
¡
'-
8
8 JJ/04/CRO7-603wp52(7-25-90/4) CASE NO. 90-130 MIN
PAGE 2 OF 9
8 ATTACHMENT nAn
LEUCADIA COMMUNITY ADVISORY BOARD
RESOLUTION NO. L-90-21
Findings for a Use Permit as defined under Section 30.74.070 of the
Municipal Code as follows:
An application for a Use Permit shall be approved unless findings
of fact are made based upon the information presented in the
application or during the hearing which support one or more of the
following conclusions:
(A) The location, size, design or operating characteristics
of the proposed project will be incompatible with or will
adversely affect or will be materially detrimental to
adjacent uses, residences, building, structures or
natural resources, with consideration given to, but not
limited to:
(1) The inadequacy of public facilities, services and
utilities to serve the proposed project;
(2) The unsuitability of the site for the type and
intensity of use or development which is proposed; and
8 (3) The harmful effect, if any, upon environmental
quality and natural resources or the City; or
Evidence:
(1) The existing structure is served by existing public
facilities. The proposed structure will also be served
by the extension of public facilities.
(2) The site is zoned for and developed as a residential
use. A garage and recreation room are permitted
accessory uses for residential structures.
(3) There will be no harmful effect upon environmental
quality by the proposed project. This project is
categorically exempt from environmental review per CEQA
Section 15303(e).
(B) The impacts of the proposed proj ect will adversely affect
the policies of the Encinitas General Plan or the
provisions of this Code; or
8 JJ/04/CRO7-603wp53(7-25-90/4) CASE NO. 90-130 MIN
PAGE 3 OF 9
8 Evidence:
Staff can identify no adverse affects on the policies of
the General Plan or other provisions of this Code.
(C) The project fails to comply with any other regulations,
conditions or policies imposed by this Code.
Evidence:
This project complies with other regulations, conditions, and
policies imposed by the Municipal Code. All development
criteria of the zoning ordinance including lot coverage, floor
area ratio and required setbacks are met by this project.
8
8 JJ/04/CRO7-603wP54(7-25-90/4) CASE NO. 90-130 MIN
PAGE 4 OF 9
8 ATTACHMENT nB"
LEUCADIA COMMUNITY ADVISORY BOARD
RESOLUTION NO. L-90-21
1. SPECIFIC CONDITIONS
A. Redesign east side of building so that either a
clerestory configuration is used for glazing or the
windows are relocated upward to provide a minimum height,
from the finished floor to the bottom of the window sill,
of 5~ feet.
B. Submit a revised landscape plan which provides for
landscaping in the front yard area. Such plan shall be
submitted for review and approval by the Director of the
Department of Planning and Community Development.
C. The applicant shall relocate or redesign the building so
that one additional off-street space is provided. As
such off-street parking space is not required by Code,
the parking area may be smaller than the 9' x 19' stall
size required by the Zoning Ordinance.
2. GENERAL CONDITIONS
8 A. This approval will expire in two years, on July 19,1992,
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.
8 JJ/04/CRO7-603wp55(7-25-90/4) CASE NO. 90-130 MIN
PAGE 5 OF 9
. 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.
1. Approval of this request shall not waive 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
building permits.
L. Permits from other agencies will be required as follows:
Coastal Commission
M. The applicant shall cause to be recorded a covenant
regarding real property which sets forth this grant of
approval. The covenant shall be in form and content
satisfactory to the Director of Planning and Community
Development.
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND COMMUNITY
DEVELOPMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
JJ/04/CRO7-603wp5 6(7-25-90/4) CASE NO. 90-130 MIN
. PAGE 6 OF 9
8 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 July 19, 1990 by Community Advisory Board and which
are on file in the Planning and Community Development
Department and subject to the following modifications:
1. Redesign east side .of building so that either a
clerestory configuration is used for glazing or the
windows are relocated upward to provide a minimum
height, from the finished floor to the bottom of the
window sill, of 5~ feet.
2. Submit a revised landscape plan which provides for
landscaping in the front yard area. Such plan shall
be submitted for review and approval by the Director
of the Department of Planning and Community
Development.
3. The applicant shall relocate or redesign the
building so that one additional off-street space is
provided. As such off-street parking space is not
required by Code, the parking area may be smaller
8 than the 9' x 19' stall size required by the Zoning
Ordinance.
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.)
JJ/04/CRO7-603wp5 7(7-25-90/4) CASE NO. 90-130 MIN
8 PAGE 7 OF 9
.
8 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. All required planting shall be in place prior to use or
occupancy or final inspection of new buildings or
structures as applicable. 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.
APPLICANT SHALL CONTACT THE ENCINITAS FIRE PROTECTION DISTRICT
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
6. 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.
7. BUILDING
A. Provide compliance with the Uniform Building code for
property line clearances considering use, area and fire
resistance of existing buildings.
JJ/04/CRO7-603wp5 8(7-25-90/4) CASE NO. 90-130 MIN
. PAGE 8 OF 9
.
8 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. DRAINAGE CONDITIONS
A. Concentrated flows across driveways and/or sidewalks
shall not be permitted.
9. STREET CONDITIONS
B. An Irrevocable Offer of Dedication (1. O. D.) shall be made
for 10 feet along Neptune Avenue adjacent to the property
for public right-of-way purposes.
c. The 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.
8 10. 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
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 by the Municipal Code.
JJ/04/CRO7-603wp5 9(7-25-90/4) CASE NO. 90-130 MIN
8 PAGE 9 OF 9