1989-01
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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
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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.
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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
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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
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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
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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
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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
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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
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