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