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1989-01 ',. ...,T" RESOLUTION NO. L89-01 A RESOLUTION OF LEUCADIA COMMUNITY ADVISORY BOARD 8 CITY OF ENCINITAS, APPROVING A KINOR USE PERMIT AND DESIGN REVIEW TO ALLOW CONSTRUCTION OF AN ACCESSORY STRUCTURE (SKATEBOARD RAMP) OF 1200 SQUARE FEET IN SIZE AND OVER 12 FEET IN HEIGHT AND A 16 FOOT TALL FENCE LOCATED AT 1231 ORPHEUS AVENUE (CASE NUMBER 88-353 KIN/DR) WHEREAS, a request for consideration of a Minor Use Permit and Design Review filed by Ron Wilkerson to allow construction of an accessory structure (skateboard ramp) of 1200 square feet in size and over 12 feet in height and a 16 foot tall fence, as per Chapters 23.08 and 30.74 of the City of Encinitas Municipal/Zoning Codes, for the property located at 1231 Orpheus Avenue, legally described as; SEE ATTACHMENT "A" 8 WHEREAS, a public hearing was conducted on the application on December 15, 1988; and January 26, 1989 WHEREAS, the Leucadia Community Advisory Board considered: 1. The staff reports dated December 9, 1988 and January 19, 1989; 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. RF/O5/CRO4-222WP5 1(2-10-89-4) CASE NUMBER: 88-353 MIN/DR PAGE 1 OF 11 . WHEREAS, the Leucadia Community Advisory Board of the City of Encinitas made the following findings pursuant to the Municipal and 8 Zoning Code: SEE ATTACHMENT "B" NOW, THEREFORE, BE IT RESOLVED by the Leucadia Community Advisory Board of the City of Encinitas that Minor Use Permit and Design Review Application 88-353 MINjDR is hereby approved subject to the following conditions: SEE ATTACHMENT "C" 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, pursuant to the California 8 Environmental Quality Act (CEQA), Section 15303 (e). PASSED AND ADOPTED this 26th day of January, 1989, by the following vote, to wit: AYES: Goldstein, Eldon, Dean NAYS: None ABSENT: Reed, Harwood ~~h' M1.c ae Go s e1.n, C a1rman of the Leucadia Community Advisory Board of the City of Encinitas ATTEST: - .. CASE NUMBER: 88-353 MINjDR PAGE 2 OF 11 ATTACHMENT "A" 8 All that part of that portion of Lot 1 in Block "K" of SOUTH COAST PARK ANNEX, in the County of San Diego, State of California, according to Map thereof No. 1788, filed in the Office of the County Recorder of said County, described as follows: Beginning at the most Southerly corner of said Lot 1; thence along the Easterly line of said Lot, North 8°16'09" West 243.49 feet; thence North 11°56'04" West 300.25 feet; thence North 30°56'26" West 152.07 feet; thence North 25°56'14" West 124.27 feet to the Northwesterly line of said portion of Lot 1 conveyed to Norman D. Clark by deed recorded November 22, 1948 in Book 3024, Page 291 of Official Records; thence along said line, South 56°54'35" West 33.03 feet to the TRUE POINT OF BEGINNING; thence leaving said Northwesterly line south 14°45'04" East 230.05 feet; thence South 6°31'30" East 201.56 feet; thence South 76°21'00" West 17.09 feet to the Southwesterly line of said Lot 1; thence Northerly along said Southwesterly line of the Northwesterly corner of the land described in deed to said Clark, recorded March 20, 1962 as Document No. 46589 of Official Records; thence along the boundary of said land North 63°48'22" East 166.00 feet and South 14°45'04" East 30.00 feet to the TRUE POINT OF BEGINNING. 8 8 RF/O5/CRO4-222WP53(2-10-89-4) CASE NUMBER: 88-353 MIN/DR PAGE 3 OF 11 ATTACHMENT "B" 8 I. Findinqs 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 proposal is to build an accessory structure for a single family home and the immediate neighborhood is single family residential. Appropriate conditions have been incorporated into the project approval to mitigate any readily discernible impacts the project may have on the 8 surrounding neighborhood and environment. 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 the specific uses are uses allowed by a Minor Use Permit 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; except that the Board waives the requirement for a 3 foot setback from the east property line as the proposal shows that a 6 inch setback will be maintained as no structures are reasonably perceived to be built on the freeway 8 right-of-way. RF/O5/CRO4-222WP5 4(2-10-89-4) CASE NUMBER: 88-353 MIN/DR PAGE 4 OF 11 II. FINDINGS FOR DESIGN REVIEW (SECTION 23.08.076 MUNICIPAL CODE) 23.08.072 REGULATORY CONCLUSIONS - GENERALLY. 8 1. The project design is inconsistent with the General Plan, a Specific Plan or the provisions of this Code. Evidence to Consider: The accessory structure for the single family development is consistent with both the present General Plan, #5 Residential, and the draft General Plan Residential 2-3 units per acre. 2. The proj ect design is substantially inconsistent with the Design Review Guidelines. Evidence to Consider: The project is in character with the surrounding neighborhood, sensitive to the characteristics of the subject site, and otherwise in substantial compliance with the City's Design Review Guidelines as the proposal is to make the use look like a private fenced tennis court. 3. The project would adversely affect the health, safety or general welfare of the community. 8 Evidence to Consider: Having identified no aspects in which this proposal could have any significant adverse impacts on the environment, the Board has determined that the project is exempt from environmental review pursuant to the California Environmental Quality Act (CEQA), section 15303 (e) which categorically exempts accessory structures. 4. The project would 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. 5. The proposed proj ect is compatible in structural size (bulk and mass) to adjacent properties as the proposed structure is 16 feet in height and will be residential 1n appearance. 6. There is reasonable probability that the land use and 8 design proposed will be consistent with the General Plan proposal being considered or studied since the proposed RF/O5/CRO4-222WP55(2-10-89-4) CASE NUMBER: 88-353 MIN/DR PAGE 5 OF 11 General Plan is consistent with the currently adopted General Plan. 8 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 on the lower portion of the site adjacent to the freeway right-of-way. 9. The proposed project is in conformance with section 23.08.076 of the Design Review Ordinance relative to Building Design in that the structure is designed to look like a residential tennis court. 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 preserving the present landscaping and is proposing to add several plants adj acent to the proposed structure and to maintain the landscaping. 11. The proposed project design does preserve significant 8 public views of and through the proposed project to the extent possible as the structure will be built approximately below the existing line created by the tree canopy and that part of the project is to erect a 16 foot tall screen fence, 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 project 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 such 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. 8 RF/O5/CRO4-222WP56(2-10-89-4) CASE NUMBER: 88-353 MIN/DR PAGE 6 OF 11 ATTACHMENT "C" APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND COMMUNITY 8 DEVELOPMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS (ITEMS 1 THROUGH 38): I. SPECIFIC CONDITIONS 1. The entire site and roadside be cleaned, mowed, and maintained in a reasonable manner. 2. The existing avocado trees shall be trimmed (dead wood removed) and fertilized. 3. The most southern of the two ramps shall be removed from the property. 4. A screening fence made of material similar to that found on tennis courts (i.e., claim link and view obstructing cloth) shall be erected and maintained around the ramp for which the permit is requested; height of the fence will be 16 feet. 5. There will be a limit of a maximum number of 10 people who are using or in the vicinity of the ramp at any time. 6. The use of the site shall be such that no noise or music will disturb the adjacent residential homes (occupants). 8 7. There shall be no commercial activity on the site at any time. 8. The use of the ramp will be limited to between 7:00 a.m. and dusk on a daily basis. 9. The applicant shall record a covenant agreeing not to oppose the City in establishing a "NO PARKING" zone along Orpheus Avenue. 10. The applicant shall erect a sign(s) stating that there is no public access to the private facilities on site; signs to be no larger than 2 square feet each. 11. Items 1 through 10 above shall be complied with within 120 days of approval. 12. The applicant shall return within 120 days (by May 25, 1989) to have the Board determine if items 1 through 10 have been complied with. 8 RFjO5jCRO4-222WP57(2-10-89-4) CASE NUMBER: 88-353 MINjDR PAGE 7 OF 11 II. STANDARD CONDITIONS 8 GENERAL CONDITIONS 11. This approval will expire on January 26,1991, after the approval of this project unless the conditions have been met or an extension has been approved by the authorized agency (agent). 12. This approval may be appealed to the authorized agency (agent) within 10 days from the date of this approval. 13. 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 which is the subject of this permit. 14. 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. 15. Upon a showing of compelling public necessity demonstrated at a noticed hearing, the City of Encinitas, acting through the authorized agency (agent), may add, 8 amend, or delete conditions and regulations contained in this permit. 16. Nothing in this permit shall authorize the applicant to intensify the authorized activity beyond that which is specifically described in this permit. 17. 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. 18. 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. 19. This approval shall become null and void if building permits or findings of exemption are not issued or applied for this project within 30 days from the date of project approval. 20. Permits or findings of exemption shall be obtained from other agencies as follows: 8 a. Coastal Commission RF/O5/CRO4-222WP5 8(2-10-89-4) CASE NUMBER: 88-353 MIN/DR PAGE 8 OF 11 21. The application is approved as submitted/modified and shall not be altered without authorized agency (agent) review and approval. 8 22. For new or additions to 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. Site plan approval; or b. Building permit issuance; or c. Final occupancy inspection. SITE DEVELOPMENT 23. 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. 24. 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 8 Department prior to issuance of building permits or any other applicable approvals. 25. 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. 26. Owner(s) shall enter into a covenant waiving any claims of liability against the City and agreeing to indemnify and hold harmless the City and City's employees relative to the approved project. 27. Any change to the natural drainage or concentration of drainage shall be adequately handled and shall not impact adjacent properties. PARKING AND VEHICULAR ACCESS 28. Parking lot layout shall meet the standards of the Zoning Ordinance and the off street Parking Design Manual. 29. Driveways shall meet the standards of the Zoning Ordinance, Public Works Standards, and the off street Parking Design Manual. 8 RF/O5/CRO4-222WP59(2-10-89-4) CASE NUMBER: 88-353 MIN/DR PAGE 9 OF 11 . . LANDSCAPING 8 30. A detailed landscape and irrigation plan shall be submitted to and approved by the authorized agency (agent) prior to the issuance of building permits. 31. The landscape plan shall meet the standards of the Zoning Ordinance, Grading Ordinance and off street Parking Design Manual. 32. Existing on-site trees shall be retained wherever possible and shall be trimmed and/or topped. Dead, or decaying trees or trees that could be injurious to public health, safety or welfare shall be approved for removal at the discretion of the authorized agency (agent). 33. A minimum of 10 additional trees (eucalyptus, 5 gallon is size) shall be provided for the project for screening of the project. 34. 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 8 adversely affect adjacent properties. 35. The height required for hedges or other dense landscaping is the height to be attained within 3 years after planting. 36. Landscaping shall be maintained in such a way so view corridors are not blocked. SIGNS 37. Any signs proposed for this development shall be designed and approved in conformance with the Sign Ordinance. APPLICANT SHALL CONTACT THE ENCINITAS FIRE PROTECTION DISTRICT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS (ITEMS 38 AND 39): FIRE 38. Any emergency access roads shall be posted per the Fire Department. 39. Submit a letter from the Encinitas Fire Protection e District stating that fire/fuel breaks have been provided to the satisfaction of the District. RF/O5/CRO4-222WP5 10(2-10-89-4) CASE NUMBER: 88-353 MIN/DR PAGE 10 OF 11 . . . ..' APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: (ITEMS 40 THROUGH e 41): 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).) 40. 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. 41. An Irrevocable Offer of Dedication (I. O. D.) shall be made for 5 feet along Orpheus Avenue adjacent to the property for public right-of-way purposes. . Orpheus Avenue is classified as a local street requiring a 30 foot right-of-way or 60 feet from the official centerline of such street. 8 RF/O5/CRO4-222WP511(2-10-89-4) CASE NUMBER: 88-353 MIN/DR PAGE 11 OF 11