1988-37
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RESOLUTION NO. L88-37
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 1773 WILSTONE AVENUE
(CASE NroMBER 88-307 MIN)
WHEREAS, a request for consideration of a Minor Use Permit
was filed by Michael Mitchell to allow an accessory apartment, as
per Chapter 30.74 of the C'i ty of Encini tas Municipal Codes and
Section 6156 (w.) of the Zoning Ordinance, for the property located
at 1773 Wilstone Avenue, also known as Assessor's Parcel Number
254-073-04, legally described as;
The south 1/2 of Lot 3 of Block C, Avocado Acres, in the
County of San Diego State of California, according to map
thereof No. 1802, filed in the office of the County Recorder
of San Diego County, August 6, 1924.
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WHEREAS, a public hearing was conducted on the application on
November 17, 1988; and
WHEREAS, the Leucadia Community Advisory Board considered:
1. The staff report dated November 8, 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.
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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 88-307 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 15301 (e) as the proposal
is for an addition to an existing single family residence.
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PASSED AND ADOPTED this 17th day of November, 1988, by the
following vote, to wit:
AYES: Dean, Eldon, Goldstein, Harwood, Reed
NAYS: None
ABSENT: None ~ ft¿y-
Michael Goldstein, Chairman
of the Leucadia Community
Advisory Board of the City
of Encinitas
ATTEST:
t Planner
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ATTACJDÅ’NT "A"
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 #5 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.
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ATTACHMENT "B"
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 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 Encini tas,
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. The application is approved as submitted/modified and
shall not be altered without authorized agency (agent)
review and approval.
- 11. For new residential or converted dwelling unites), 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, 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.
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
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19. Driveways shall meet the standards of the Zoning
Ordinance, Public Works standards, and the off street
Parking Design Manual.
APPLICANT 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.
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.
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26. An Irrevocable Offer of Dedication (I .0. D.) shall be made
for 10 feet along Wilstone Avenue adjacent to the
property for public right-of-way purposes.
Wilstone Avenue is classified as a local street requiring
a 60 foot right-of-way or 30 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 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.
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
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