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1988-18 -......-...--.---.-........- ----------------.--.-----..-.----.------- RESOLUTION NO. L88-18 A RESOLUTION OF THE LEUCADIA --- COMMUNITY ADVISORY BOARD OF THE CITY OF ENCINITAS, APPROVING A MINOR USE PERMIT TO ALLOW AN ACCESSORY APARTMENT LOCATED AT 824 SAXONY ROAD (CASE NUMBER 88-176 MIN) WHEREAS, a request for consideration of a Minor Use Permit was filed by Alice Lentz to allow an accessory apartment, as per Chapter 30.74 of the City of Encinitas Municipal Codes and Section 6156 (w.) of the Zoning Ordinance, for the property located at 824 Saxony Road, also known as Accessor's Parcel Number 256-164-3200, legally described as; Lot 28 in Block "G" of Avocado Acres No. 4, according to the map thereof No. 2118, filed in the office of the Recorder of San Diego County on July 3, 1928. , WHEREAS, a public hearing was conducted on the application on June 30, 1988; and WHEREAS, the Leucadia Community Advisory Board considered: 1. The staff report dated June 24, 1988; 2. The application, maps, and plans submitted by the applicant; 3. Oral evidence submitted at the hearing; 4. Written evidence submitted at the hearing; and 5. The proposed General Plan, Local Coastal Program, Zoning Code and maps. .- BF/02/CRO3-156WP (10-19-88-1) CASE NUMBER 88-176 MIN PAGE 1 OF 7 .. .----....---...------------...---....--------. WHEREAS, the Leucadia Community Advisory Board of the city of Encinitas made the following findings pursuant to the -- Municipal and Zoning Codes: SEE ATTACHMENT "A" NOW, THEREFORE, BE IT RESOLVED by the Leucadia Community Advisory Board of the City of Encinitas that Minor Use Permit Application 88-176 MIN is hereby approved subject to the following conditions: SEE ATTACHMENT "B" NOW, THEREFORE, BE IT RESOLVED by the Leucadia Community Advisory Board of the City of Encinitas that this project was found to be exempt from environmental review, Section 15303 (b) as the proposal is for an addition to an existing single family residence. PASSED AND ADOPTED this 30th day of June, 1988, by the following vote, to wit: AYES: Goldstein, Eldon, Harwood NAYS: None ABSENT: Reed, Dean ~~. Michael Goldste1n, Cha1rman of the Leucadia Community Advisory Board of the City of Encinitas ATTEST: ~~~~ssistant Planner BF/02/CRO3-156WP (10-19-88-1) CASE NUMBER 88-176 MIN PAGE 2 OF 7 ATTACHMENT It A It Findings for a Use Permit (Section 30.74.070, of Municipal Code) 1. The location, size, design or operating characteristics of the proposed project will be compatible with or will not adversely affect or will be materially beneficial to adjacent uses, residences, buildings, structures or natural resources, with consideration given to, but not limited to: (a) The inadequacy of public facilities, services and utilities to serve the proposed project; (b) The unsuitability of the site for the type and intensity of use or development which is proposed; and (c) The harmful effect, if any, upon environmental quality and natural resources of the City; or Evidence to Consider: The location, size, design and use of the proposed project is compatible with adjacent uses as the use proposed is a single family residential use and the immediate neighborhood is single family residential. 2. 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 to Consider: The proposed project will not adversely affect the Encinitas General Plan as single family residential is expressly allowed in the #4 Residential category. 3. The project complies with any other regulations, conditions or policies imposed by this Code. Evidence to Consider: The proposed project complies with and will adhere to all other applicable City codes as represented by the submitted plans which have been reviewed at the public hearing and by the City and found to be in compliance. No standard or criteria has been waived. BF/02/CRO3-156WP (10-19-88-1) CASE NUMBER 88-176 MIN PAGE 3 OF 7 ATTACHMENT "B" I. STANDARD CONDITIONS APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS (ITEMS 1 THROUGH 19): GENERAL CONDITIONS 1. This approval will expire on June 30, 1990, after the approval of this project unless the conditions have been met or an extension has been approved by the authorized agency (agent). 2. This approval may be appealed to the authorized agency (agent) within 10 days from the date of this approval. 3. 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 sent before the authorized agency (agent) to determine why the City of Encinitas should not revoke this permit. 4. Upon a showing of compelling public necessity demonstrated at a noticed hearing, the City of Encinitas, acting through the authorized agency (agent), may add, amend, or delete conditions and regulations contained in this permit. 5. Nothing in this permit shall authorize the applicant to intensify the authorized activity beyond that which is specifically described in this permit. 6. 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. 7. 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. 8. This approval shall become null and void if building permits are not issued for this project within two year(s) from the date of project approval. BF/02/CRO3-156WP (10-19-88-1) CASE NUMBER 88-176 MIN PAGE 4 OF 7 9. Permi ts or findings of exemption shall be obtained from other agencies as follows: a. Coastal Commission 10. The application is approved as submitted/modified and shall not be altered without authorized agency (agent) review and approval. 11. 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: Permit and Plan Checking Fees, School Fees, Water and Sewer Service Fees, Traffic Fees, Drainage Fees, and Park Fees. These fees shall be paid prior to (as applicable): a. Building permit issuance; or b. Final occupancy inspection. SITE DEVELOPMENT 12. The site shall be developed in accordance with the approved site plans on file in the Planning and Community Development Department and the conditions contained herein. 13. Revised (if applicable) site plans and building elevations incorporating all conditions of approval or required modifications shall be submitted to and found satisfactory by the Planning and Community Development Department prior to issuance of building permits or any other applicable approvals. 14. All roof appurtenances, including air conditioners, shall be architecturally integrated, shielded from view and sound buffered from adjacent properties and streets as required and approved by the authorized agency (agent). 15. 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 the Planning and Community Development Department. 16. Building identification and/or addresses shall be placed on all new and existing buildings so as to be plainly visible from the street or access road; color of identification and/or addresses shall contrast with their background color. 17. Building elevations, materials and colors are approved as submitted or modified. BF/02/CRO3-156WP (10-19-88-1) CASE NUMBER 88-176 MIN PAGE 5 OF 7 18. Any change to the natural drainage or concentration of drainage shall be adequately handled and shall not impact adjacent properties. PARKING AND VEHICUlAR ACCESS 19. Driveways shall meet the standards of the Zoning Ordinance, Public Works Standards, and the off street Parking Design Manual. APPLI CANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: (ITEMS 20 THROUGH 31): GRADING 20. Grading of the subject property shall be in accordance with the Grading Ordinance. 21. A soils/geological/hydraulic report (as applicable) shall be prepared by a qualified engineer licensed by the State of California to perform such work: a. Prior to building permit issuance; or b. At first submittal of a grading plan. 22. The final grading plan shall be subject to review and approval by the Public Works Department and shall be completed prior to recordation of the final subdivision map or issuance of building permit, whichever comes first. STREETS AND SIDEWALKS (The authorized agency may modify City Standards in particular cases. The application of a request for such modification must show special circumstances or conditions affecting the property in question; and that such modification is necessary for the preservation and enjoyment of a substantial property right of the applicant; and that the modification will not be materially detrimental to the public welfare or injurious to other property in the immediate vicinity pursuant to Municipal Code(s).) 23. All damaged off-site public works facilities, including parkway trees, shall be repaired or replaced prior to exoneration of bonds and improvements, to the satisfaction of the Department of Public Works. BF/02/CRO3-156WP (10-19-88-1) CASE NUMBER 88-176 MIN PAGE 6 OF 7 24. 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. 25. 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. 26. An Irrevocable Offer of Dedication (I.O.D.) shall be made for 5 feet along Saxony Road adjacent to the property for public right-of-way purposes. Saxony Road is classified as an augmented local street requiring a 70 foot right-of-way or 35 feet from the official centerline of such street. DRAINAGE AND FLOOD CONTROL 27. A drainage system capable of handling and disposing of all surface water originating within the development, and all surface waters that may flow onto the development from adj acent lands, shall be required. Said drainage system shall include any easements and structures as required by the Director of Public Works to properly handle the drainage. 28. Portland cement concrete cross gutters shall be installed where water crosses the roadways. 29. Concentrated flows across driveways and/or sidewalks shall not be permitted. 30. That all required improvements conform to City Standards. 31. The Director of Public works or his designee or the authorized agency (agent) has the authority to waive or modify any conditions within this document BF/02/CRO3-156WP (10-19-88-1) CASE NUMBER 88-176 MIN PAGE 7 OF 7