1988-35
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RESOLUTION NO.: L88-35
A RESOLUTION OF THE LEUCADIA COMKUNITY ADVISORY BOARD
OF THE CITY OF ENCINITAS APPROVING
"-. A DESIGN REVIEW TO ALLOW FOR CONSTRUCTION OF
FOUR CONDOMINIUM UNITS
LOCATED AT 140 JASON STREET
(CASE NUMBER 88-273 DR)
WHEREAS, a request for consideration of a Tentative Parcel
Map was filed by Projects U.S.A., Inc. to allow for construction
of four condominium units as per Chapter 23.08 of the City of
Encinitas Municipal/Zoning Codes, for the property located at 140
Jason Street, also known as assessor's parcel number 254-222-33,
legally described as;
Lots 14 and 15 in Block 2 of 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
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November 17, 1988; and
WHEREAS, the Leucadia Community Advisory Board of the City of
Encinitas, considered:
1. The staff report dated November 8, 1988;
2. The application and maps 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 Plan, the Zoning
Code and maps.
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WHEREAS, the Leucadia Community Advisory Board of the City of
Encinitas made the following findings pursuant to the Municipal
Code:
SEE ATTACHMENT "A"
NOW, THEREFORE, BE IT RESOLVED by the Leucadia Community
Advisory Board of the City of Encinitas that application 88-273
TPM is hereby approved subject to the following conditions:
SEE ATTACHMENT "B"
BE IT FURTHER RESOLVED by the Leucadia Community Advisory
Board of the City of Encinitas that this project was found to be
exempt from environmental review, Section 15315 as the proposal is
for a minor land subdivision.
PASSED AND ADOPTED this 17th day of November, 1988, by the
following vote, to wit:
AYES: Goldstein, Eldon, Harwood, Dean, Reed
NAYS: None
~ ~ Chairman
of the Leucadia Community
Advisory Board of the City
of Encinitas
ATTEST:
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ATTACHMENT "A"
I'INDIIiGS 1'0. DBSIGN REVIEW (8E~IO. 23.08 XUIIICIPAL CODE)
23.08.072 REGULATORY CONCLUSIONS - GBNERALLY.
1. The project design is consistent with the General
Plan, a Specific Plan or the provisions of this
Code.
Evidence to Consider:
The proposed project is consistent with the present
RV-11 Zoning, the #7 Residential designation of the
present General Plan and the R-11 Residential
designation of the Land Use Policy Map of the City's
Draft General Plan as the use is allowed in these
designated zones.
2. The project design is substantially consistent with
the Design Review Guidelines.
Evidence to Consider:
The proposal preserves some significant views
enjoyed by nearby properties to the full extent
practical, reflects an acceptable level of design
appearance, takes into consideration the privacy
needs of the abutting residential area, incorporates
significant landscaping into the project, and
otherwise substantially conforms with the City's
adopted design criteria.
3. The project will not adversely affect the health,
safety or general welfare of the community.
Bvidence to Consider:
Having identified no aspects in which this proposal
could have any significant adverse impacts on the
environment, a determination that this project is
exempt from CEQA per Section 15301(b) and 15315 has
been made.
4. The project will not tend to cause the surrounding
neighborhood to depreciate materially in appearance
or value.
Evidence to Consider:
The Board determined that the project represents a
substantial improvement to the subject property and
thus will not be materially detrimental to the
surrounding neighborhood.
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5. The proposed project is compatible in structural
size (bulk and mass) to adjacent properties as the
~roposed structure is two stories and residential
1n appearance.
6. There is reasonable probability that the land use
and design proposed will be consistent with the
General Plan proposal being considered or studies
since the proposed General Plan is consistent with
the currently adopted General Plan.
7. There is little or no probability of substantial
detriment to or interference with the future adopted
General Plan if the proposed design is ultimately
inconsistent with the plan, since the project is
allowed by the proposed General Plan.
8. The proposed project is in conformance with Section
23.08.074 of the Design Review Ordinance relative
to Design and site Layout as the proposal is to site
the project within the already disturbed area which
is generally a level building site.
9. The proposed project is in conformance with Section
23.08.076 of the Design Review Ordinance relative
to Building Design in that the structures are
designed to blend in with the adjacent structures
and incorporate similar finish materials.
10. The proposed project is in conformance with Section
23.08.077 of the Design Review Ordinance relative
to Landscape Design in that the proposed project is
incorporating specimen trees and several other
diverse plantings within the site landscaping.
11. The proposed project design does preserve
significant public views of and through the proposed
project to the extent possible as the proposed
structure will be built below the interim height
regulations, and that the Board has determined that
some of the significant views are being maintained
for neighboring properties with the project as
designed.
12. The proj ect takes advantage of views and/or protects
to the extent possible, some of the significant
views enjoyed by the residents of nearby properties,
since it is proposed to be constructed in a location
on the site so as not to block a substantial portion
of adjacent significant views.
13. The proposed design complies with all other
applicable requirements of state law and local
ordinances.
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ATTACJDŒNT "B"
STANDARD CONDITIONS
APPLICANT SHALL CONTACT THE DEPUTJIBNT OF PLANNING AND
COXHUNITY DBVELOPKENT REGARDING COJIPLIUJCB WITH THE FOLLOWING
CONDITIONS (ITEKS 1. THROUGH 22.):
GENERAL CONDITIONS
1. This approval will expire on November 17, 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.
9. Permits or findings of exemption shall be obtained from
other agencies as follows:
a. Coastal Commission
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10. prio:; to issuing a ,final inspection on framing, the
appl1cant shall prov1de a survey from a civil engineer
or licensed surveyor verifying the building height is in
compliance with the design review permit.
-
11. Although the Zoning Ordinance may allow certain building
heights as two story structures, the U.B.C. may define
the structure as a three story building requiring an
additional exit or other improvements.
12. The application is approved as submitted/modified and
shall not be altered without authorized agency (agent)
review and approval.
13. For new or additions to residential dwelling unites),
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.
14. Any change to the natural drainage or concentration of
drainage shall be adequately handled and shall not impact
adjacent properties.
- SITE DEVELOPMENT
15. 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.
16. 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.
17. 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).
18. 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.
19. Building identification and/or addresses shall be placed
on all new and existing buildings so as to be plainly
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visible from the street or access road; color of
identification and/or addresses shall contrast with their
background color.
20. Building elevations, materials and colors are approved
as submitted or modified.
21. Any change to the natural drainage or concentration of
drainage shall be adequately handled and shall not impact
adjacent properties.
22. Driveways shall meet the standards of. the Zoning
Ordinance, Public Works Standards, and the off street
Parking Design Manual.
23. Submit a letter from the Encinitas Fire Protection
District stating satisfaction with the type and location
of Fire hydrants and the minimum required water flow in
gallons per minute together with a letter from the
appropriate agency certifying that the fire department's
minimum required water flow is available to serve the
site. provisions shall be made to ensure a maximum water
pressure at the fire hydrant of 150 psi. The
installation of a pressure reducing station may be
required. Required fire hydrants shall be of a bronze
type.
APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTKBNT REGARDING
COMPLIANCB WITH THE FOLLOWING CONDITIONS: (ITBJIS 23. THROUGH
42):
GRADING
24. Grading of the subject property shall be in accordance
with the Grading Ordinance.
a. Jason Street (street) shall be improved to
centerline/a total width of 30 foot of AC
paving curb/gutter and sidewalk within a 60
foot (dedicated right-of-way).
25. 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.
26. 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.
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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 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).)
27. All exterior public streets shall be constructed to
public street standards.
28. Sidewalks shall be 5 feet in width, and shall be
required on one side of Jason Street and shall be
located at edge of right-of-way/adjacent to the curb.
29. Street striping and signing shall be installed to the
satisfaction of the Director of Public Works.
30. All street structural sections shall be submitted to,
and approved by the Director of Public Works.
31. Improvement plans prepared on standard size sheets by a
Registered Civil Engineer shall be submitted for
approval by the Director of Public Works. Plan check
and inspection expenses shall be paid by the developer.
32. All exterior street improvements shall be constructed
prior to issuance of building permi ts, to the
satisfaction of the Director of Public Works.
33. Street improvements that include, but are not limited
to:
-X- a. Sidewalks --- f. Cross gutter
-X- b. Driveways --- g. Alley gutter
--- c. Wheel chair ramps -X- h. Street paving
-X- d. Curb and gutter --- i. Alley paving
--- e. street signs --- k. Pavement
markers
shall be completed prior to the occupancy of the units
to the satisfaction of the Director of Public Works for
the following streets/alleys:
a. Jason Street
34. 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.
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35. 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.
36. 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.
37. An Irrevocable Offer of Dedication (I.O.D.) shall be
made for 10 feet along Jason street adjacent to the
property for public right-of-way purposes.
Jason street is classified as a local street requiring
a 60 foot right-of-way or 30 feet from the official
centerline of such street.
38. Portland cement concrete cross gutters shall be
installed where water crosses the roadways.
39. Concentrated flows across driveways and/or sidewalks
shall not be permitted.
40. All new proposed utilities within the project shall be
installed underground including existing utilities
unless exempt by the Municipal Code.
41. That all required improvements conform to City
standards.
DRAINAGE AND FLOOD CONTROL
42. 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 adjacent 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.
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