1990-29
. RESOLUTION NO. L-90-29
A RESOLUTION OF THE LEUCADIA
COMMUNITY ADVISORY BOARD TO APPROVE
A DESIGN REVIEW PERMIT WHICH ALLOWS FOR THE
CONSTRUCTION OF TWO DETACHED SINGLE FAMILY
RESIDENCES ON A SINGLE LOT LOCATED AT 142 E. GLAUCUS STREET
(CASE NO. 90-202 DR)
WHEREAS, a request for consideration of a Design Review Permit
was filed by the M. B. Shores Corporation to allow the construction
of two detached single family residences on a single lot, as per
Chapter 23.08 of the city of Encinitas Municipal Code, for the
properties located at 142 East Glaucus Street, legally described
as:
Lot 1 in Block 2 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 said San Diego
County, January 11, 1924.
WHEREAS, a public hearing was conducted on the application,
November 8, 1990 and all persons desiring to be heard were heard;
and
8 WHEREAS, evidence was submitted and considered to include
without limitation:
1. The staff report dated November 1, 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"
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:
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. SEE ATTACHMENT "B"
PASSED AND ADOPTED this 8th day of November, 1990, by the
following vote, to wit:
AYES: Locko, Kaden, Shur, Jacobson, Eldon
NAYS: None
ABSENT: None
ABSTAIN: None ~ai~
of the Leucadia
Community Advisory Board
ATTEST:
Ja~J{{ ~
8 Assistant Planner
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8 ATTACHMENT nAn
LEUCADIA COMMUNITY ADVISORY BOARD
RESOLUTION NO. L-90-29
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 exterior appearance of this project will blend
well with surrounding development. The project is custom-
designed and of high quality and should serve to encourage
positive development in the area. The buildings are arranged
in such a manner so as to reduce the visual impact of the
project as viewed from Glaucus Street. In conclusion, the
project is compatible with neighboring properties and
8 community character.
C. The project would not adversely affect the health, safety
or general welfare of the community.
Evidence: Since there are currently no known safety hazards
or public health hazards associated with the site, the
proposed project should not adversely affect the health,
safety or general welfare of the community.
D. The project would not tend to cause the surrounding
neighborhood to depreciate materially in appearance or
value.
Evidence: The proposed project is custom-designed, is
coordinated in terms of facade treatment, color and materials
and is compatible in bulk and scale with the newer structures
in the neighborhood. The project, therefore, would not cause
the surrounding neighborhood to depreciate materially in
appearance or value, in fact, it should serve to upgrade the
neighborhood.
8 JJ/04/CRO8-686wp53(11-9-90/2) Case No. 90-202 DR
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8 ATTACHMENT nBn
LEUCADIA COMMUNITY ADVISORY BOARD
RESOLUTION NO. L-90-29
1. GENERAL CONDITIONS
A. This approval will expire in two years, on November 8,
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
8 which is the subject of this permit.
In the event that any of the conditions of this permit
E.
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 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.
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8
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
building permits.
L. Permits from other agencies will be required as follows:
Coastal Commission
8 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
July 7, 1990 and August 13, 1990 and signed by a City
Official as approved by the Leucadia Community Advisory
Board on November 8, 1990 and shall not be altered
without Planning and Community Development Department
review and approval.
O. Owner(s) shall enter into and record a covenant
satisfactory to the City Attorney guaranteeing that
recreational vehicles shall not be parked on-site unless
adequately screened from view. Any proposed screening
for the parking of recreational vehicles shall be subj ect
to approval by the Director of Community Development
Department.
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8
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND COMMUNITY
DEVELOPMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
2. SITE DEVELOPMENT
A. Prior to any use of the project site, all conditions of
approval contained herein shall be completed to the
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.
3. PARKING AND VEHICULAR ACCESS
A. Driveways shall meet the standards of the zoning
Ordinance, Public Works Standards, and the Offstreet
Parking Design Manual.
8 4. LANDSCAPING
A. The landscape plan shall meet the standards of the
Zoning Ordinance, Grading Ordinance, Landscape
Guidelines and Offstreet Parking Design Manual. The
site shall be planted in accord with the landscape
plan (no date) which was received by the City on
October 23, 1989 and which was approved on November
8, 1990 by the Leucadia Community Advisory Board.
B. All required plantings 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.
C. The height required for hedges or other dense
landscaping is the height to be attained within 3
years after planting.
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8
APPLICANT SHALL CONTACT THE ENCINITAS FIRE PROTECTION DISTRICT I
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
5. FIRE
A. 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.
B. 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
on this monument.
C. structures shall be protected by automatic fire sprinkler
systems. Sprinkler systems shall be installed to the
8 satisfaction of the Encinitas Fire Protection District.
D. 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.
APPLICANT SHALL CONTACT THE ENCINITAS FIRE PROTECTION DISTRICT
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
6. GRADING CONDITIONS
A. The developer shall obtain a grading permit prior to the
commencement of any clearing or grading of the site.
B. The grading for this project is defined in Chapter 23.24
of the Encini tas Municipal Code. Grading shall be
performed under the observation of a civil engineer whose
responsibility is shall be to coordinate site inspection
and testing to ensure compliance of the work with the
approved grading plan, submit required reports to the
City Engineer and verify compliance with Chapter 23.24
of the Encinitas Municipal Code.
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.
8
c. No grading shall occur outside the limits of the PROJECT
unless a letter of permission is obtained form the owners
of the affected properties.
D. A separate grading plan shall be submitted and approved
and a separate grading permit issued for the borrow or
disposal site if located within the city limits.
E. All slopes within this project shall be no steeper than
2: 1.
F. A soils/geological/hydraulic report (as applicable) shall
be prepared by a qualified engineer licensed by the state
of California to perform such work at first submittal of
a grading plan.
G. Prior to hauling dirt or construction materials to any
proposed construction site within this project the
developer shall submit to and receive approval from the
ci ty Engineer for the proposed haul route. The developer
shall comply with all conditions and requirements the
City Engineer may impose with regards to the hauling
operation.
8 7. DRAINAGE CONDITIONS
A. The developer shall exercise special care during the
construction phase of this project to prevent any offsite
siltation. The developer shall provide erosion control
measures and shall construct temporary
desiltation/detention basins of type, size and location
as approved by the City Engineer. The basins and erosion
control measures shall be shown and specified on the
grading plan and shall be constructed to the satisfaction
of the City Engineer prior to the start of any other
grading operations. Prior to the removal of any basins
or facilities so constructed the area served shall be
protected by additional drainage facilities, slope
erosion control measures and other methods required or
approved by the City Engineer. The developer shall
maintain the temporary basins and erosion control
measures for a period of time satisfactory to the City
Engineer and shall guarantee their maintenance and
satisfactory performance through cash deposit and bonding
in amounts and types suitable to the City Engineer.
B. A drainage system capable of handling and disposing of
all surface water originating within the project and all
surface waters that may flow onto the project from
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,
8
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.
C. Concentrated flows across driveways and/or sidewalks
shall not be permitted.
D. The drainage system shall be designed to ensure that
runoff resulting from a 100-year frequency storm of 6
hours or 24 hours duration under developed conditions,
is equal to or less than the runoff from a storm of the
same frequency and duration under existing developed
conditions. Both 6 hour and 24 hour storm durations
shall be analyzed to determine the detention basin
capacities necessary to accomplish the desired results.
8. STREET CONDITIONS
A. An Irrevocable Offer of Dedication (I. O. D.) shall be made
for five feet along East Glaucus adjacent to the property
for public right-of-way purposes unless waived pursuant
to City council Policy of March 14, 1990.
B. Developer shall execute and record a covenant with the
8 County Recorder agreeing not to oppose the formation of
an assessment district to fund the installation of right-
of-way improvements.
9. 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.
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