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1989-18 RESOLUTION NO. L-S9-1S 8 A RESOLUTION OF THE LEUCADIA COMMUNITY ADVISORY BOARD TO DENY A VARIANCE TO TO CONSTRUCT A SINGLE FAMILY RESIDENCE IN THE REAR YARD SETBACK FOR A PROPERTY LOCATED ON A PRIVATE ROAD OFF HILLCREST AVENUE (CASE NO. S9-096-V) WHEREAS, a request for consideration of a Variance to encroach 14 feet into the 40 foot rear yard setback fence is permitted was filed by Donald Countryman, as per Chapter 30.78 of the City of Encinitas Municipal/Zoning Codes, for the property located on a private street off Hillcrest Avenue, legally described as: The westerly 140.0 feet of those portions of Lots 3 and 4 in Block 22 and of the Westerly one-half of vacated Eolus Avenue, which adjoins said Lots on the East in North Leucadia, being more fully described in ATTACHMENT A. WHEREAS, public hearings were conducted on the application, May 25, 1989, June 22, 1989 and July 20, 1989 and all persons desiring to be heard were heard; and 8 WHEREAS, evidence was submitted and considered to include without limitation: 1. The staff reports dated May 19, 1989, June 16, 1989 and July 7, 1989; 2. The proposed General Plan, Local Coastal Program, Zoning Code and maps; 3. Oral evidence submitted at the hearing; 4. written evidence submitted at the hearing; 5. Documentation and site plans submitted by the applicant; and WHEREAS, the Leucadia Community Advisory Board was unable to make the required findings pursuant to section 30.78 of the Zoning Code: SEE ATTACHMENT B NOW, THEREFORE, BE IT RESOLVED by the Leucadia Community Advisory Board of the City of Encinitas that the Variance Application is hereby disapproved. 8 CO/02/CR04-21Swp51(2-S-S9-1) CASE NO. 89-096-V - PASSED AND ADOPTED this 20th day of July, 1989, by the following vote, to wit: AYES: Kaden, Locko, Shur NAYS: Eldon, Harwood ABSENT: None ~ ABSTAIN: None arwood, Chairperson ucadia Advisory Board ATTEST: () L nda Niles Associate Pla ner CO/02/CR04-21SwpS 2(2-S-S9-1) CASE NO. 89-096-V 8 0 Shift floor area to the unused front and side yards: Even if a ten foot side yard setback from the actual pavement is reserved, there is still room to relocate the 700 square feet (lower: 323, upper: 377) currently encroaching into the rear yard setback. 8 8 PM/02/CR02-51wp (5/16/88) . . . . RESOLUTION NO. L-89-19 . A RESOLUTION OF THE LEUCADIA COMMUNITY ADVISORY BOARD TO APPROVE DESIGN REVIEW PERMIT AND TENTATIVE PARCEL MAP TO CONSTRUCT A FOUR UNIT CONDOMINIUM TOWNHOUSE COMPLEX LOCATED AT 120 WEST JASON STREET (CASE NO. 89-122-DR/TPM) WHEREAS, a request for consideration of a Design Review Permit and Tentative Parcel Map was filed by Romolo Scavuzzo of Jason Street Properties to allow the construction of a four unit townhouse complex with condominium form of ownership, pursuant to Section 65451 of the Subdivision Map Act and Chapter 23.08 of the City of Encinitas Municipal/Zoning Codes, for the property located at 120 Jason Street, legally described as: Lot 11, Block 2, SOUTH COAST PARK NO. 4, in the City of Encinitas, County of San Diego, State of California, 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, August 10, 1989 and a closed public hearing was held on September 7, 1989 to review the resolution and all persons desiring to be . heard were heard; and WHEREAS, evidence submitted and considered to include was without limitation: 1. The staff report dated July 28, 1989; 2. The proposed General Plan, Local Coastal Program, Zoning Code and maps; 3. Oral evidence submitted at the hearing; 4. Written evidence submitted at the hearing; 5. Documentation and site plans submitted by the applicant; and WHEREAS, the Leucadia Community Advisory Board made the required Design Review findings pursuant to Section 23.08 of the Municipal/Zoning Code (See Attachment A), the required Tentative Parcel Map findings pursuant to the California Subdivision Map Act, Section 66474 (See Attachment B) and the findings required to exceed the mid-range density pursuant to Section 30.16.010 B (a)- (d) of the Zoning Code (See Attachment C). NOW, THEREFORE, BE IT RESOLVED by the Leucadia Community Advisory Board of the City of Encinitas that the Design Review Permit and Tentative Parcel Map are hereby approved subject to the following conditions: . (CC/ eromres) CASE NO. 89-122-DR/TPM PAGE 1 OF 22 ' . . II. STANDARD CONDITIONS 1. GENERAL CONDITIONS A. This approval will expire in two years, on September 10, 1991, at 5:00 p.m. unless the conditions have been met or an extension has been approved by the Authorized Agency. B. This approval may be appealed to the authorized agency within 15 calendar days from the date of this approval. C. Approval of this request shall not waive compliance wi th any sections of the Zoning Development Code and all other applicable City Ordinances in effect at the time of Building Permit issuance unless specifically waived here. D. 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 unless specifically waived here. E. This approval shall become null and void if building permits are not issued for this project within two years from the date of project approval. If the applicant is not able to obtain building permits due to a growth management program within the two year period, this approval may be extended by the Director of Planning and Community Development to allow for the issuance of building permits. F. Permits from other agencies will be required as follows: 0 Coastal Commission G. Prior to issuing a final inspection on framing, the applicant shall provide a survey from a licensed surveyor or a registered civil engineer verifying the building height is in compliance with the design review permit. . (CC/eromres) CASE NO. 89-122-DR/TPM PAGE 2 OF 22 ' . . H. Although the Zoning Ordinance may define certain building heights as two story structures, the Uniform Building Code may define the structure as a three story building requiring an additional exit or other improvements. I. The developer/owner shall pay a sum of $1,686 per dwelling unit into a fund to be designated as a "low income housing" fund for Leucadia. The developer/owner has agreed to this condition in order that his project would "provide other significant benefits" and thereby make the findings that allow the project to exceed mid-range density pursuant to Section 30.16.B.2.d(3) of the Zoning Code. APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 2. SITE DEVELOPMENT A. site shall be developed in accordance with the approved site plans which are dated by engineer June 29, 1989 and signed as approved on August 10, 1989 . by Leucadia Community Advisory Board and which are on file in the Planning and Community Development Department and the conditions contained herein. Said site plan is approved subject to the following modifications: a. The applicant shall provide for the addition of three planting areas adjacent to the alley behind Units B, C and D as shown on Attachment C. b. The applicant shall provide four Washingtonia Palms planted adjacent to the Jason Street facade of unit A with a minimum height such that the "heads" of said trees shall be no lower than the finished floor of the second level. A total minimum of 16 trees (24 inch box) including the four palms shall be provided on the site. B. Mail boxes, shall be installed and located by the developer subject to approval by the authorized agency pursuant to Design Review unless written information is provided by the postal service to state otherwise. . (CC/eromres) CASE NO. 89-122-DR/TPM PAGE 3 OF 22 . C. All roof appurtenances, including air conditioners, shall be architecturally integrated, shielded from view and sound buffered from adj acent properties and streets as required and approved by the Department of Planning and Community Development. D. 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 Planning and Community Development. E. 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. Arrangements to pay these fees shall be paid prior to final map approval as deemed necessary by the appropriate agency. F. site plan, building elevations, materials and color are approved as submitted, subject to the following . modifications: G. Owner(s) shall enter into and record covenant a satisfactory to the City Attorney 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. H. Revised plans reflecting these modifications shall be submitted to the Planning and Community Development Department prior to submittal in plan check. 1. Any change to the natural drainage or concentration of drainage shall be adequately handled and shall not impact adjacent properties. J. A plan shall be submitted for approval by the Director of Planning and Community Development and the Encinitas Fire Department regarding the security treatment of the site during the construction phase, the on- and off-site circulation and parking of construction workers' vehicles and any heavy equipment needed for the construction of the project. . (CC/ eromres) CASE NO. 89-122-DR/TPM PAGE 4 OF 22 . 3. PARKING AND VEHICULAR ACCESS A. Driveways shall meet the standards of the Zoning Ordinance, Publ ic Works standards, and the Offstreet Parking Design Manual. 4. LANDSCAPING A. The landscape plan shall meet the standards of the Zoning Ordinance, Grading Ordinance, Landscape Guidelines and Offstreet Parking Design Manual. The site shall be planted in accord with the landscape plan dated June 23, 1989 (seal) which was received by the City on June 19, 1989 and which was approved on August 10, 1989 by the Leucadia Community Advisory Board and is approved as submitted subject to the following modifications: . a. The applicant shall provide for the addition of three planting areas adjacent to the alley behind Units B, C and D as shown on Attachment C. b. The applicant shall provide four Washingtonia Palms planted adjacent to the Jason street facade of Unit A with a minimum height such that the "heads" of said trees shall be no lower than the finished floor of the second level. A total minimum of 16 trees (24 inch box) including the four palms shall be provided on the site. B. 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 adversely affect adjacent properties. . (CC/eromres) CASE NO. 89-122-DR/TPM PAGE 5 OF 22 . C. The height required for hedges or other dense landscaping is the height to be attained within 3 years after planting. APPLICANT SHALL CONTACT THE ENCINITAS FIRE PROTECTION DISTRICT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 7. FIRE A. Prior to delivery of combustible building materials on site, water and sewer systems shall satisfactorily pass all required tests and be connected to the public water and sewer systems. In addition, the first lift of asphalt paving shall be in place to provide adequate, permanent access for emergency vehicles. Said access shall be maintained to the satisfaction of the Fire District. B. Submit a letter from the Encinitas Fire District, if required, 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. c. Numbers shall be clearly visible from the street fronting the structure. Where structures are located off a roadway on long driveways, a monument shall be placed at the entrance where the driveway intersects the main roadway. Address numbers shall be displayed on this monument. D. Structures shall be protected by automatic fire sprinkler systems. Sprinkler systems shall be installed to the satisfaction of the Encinitas Fire Protection District. E. All tentative maps filed with the City or District shall require, as a standard condition, annexation to the Fire District Benefit Assessment Area. F. All changes in zoning, increases in density or changes in Fire District conditions of existing or pending tentative maps shall require annexation to the Benefit Assessment Area. . (CC/ eromres) CASE NO. 89-122-DR/TPM PAGE 6 OF 22 . G. Prior to final recordation, the applicant shall submit a letter from the Fire District stating that all development impact, plan check and/or cost recovery fees have been paid or secured to the satisfaction of the District. H. The public alley adjacent to the east side of the proj ect shall be posted "No Parking" pursuant to Fire Department requirements. 8. BUILDING A. Existing sewage disposal facilities shall be removed, filled and/or capped to comply with appropriate grading practices and the Uniform Plumbing Code. B. Prior to the building department approving the connection to the buildings to the private sewer or water systems located in the private right of way, the civil engineer responsible for the design and the inspector responsible for the system inspection . must certify in writing to the Director of Public Works that the sewer and/ or water systems were designed and constructed in accordance with the utility district or agency standards for public systems. APPLICANT SHALL CONTACT THE COMMUNITY SERVICES DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 9. RECREATION A. The developer shall pay the Park Fee at the established rate at the date of final inspection or the date of the certificate of occupancy, whichever occurs later. APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 10. GRADING A. Grading of the subject property is defined by Chapter 23.24 of the Encinitas Municipal Code. . (CC/ eromres) CASE NO. 89-122-DR/TPM PAGE 7 OF 22 . Grading shall be performed under the observation of a registered civil engineer whose responsibility it shall be to coordinate site inspection and testing to ensure compliance of the work with the approved grading plan, submit required reports to the City Engineer and verify compliance with Chapter 23.24 of the Encinitas Municipal Code. B. A soils/geological/hydrolic report (as applicable) shall be prepared by a qualified engineer licensed by the state of California to perform such work at first submittal of a grading plan. c. The final grading plan shall be a 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. D. No grading permits shall be issued for this subdivision prior to recordation of the final map or issuance of building permits. E. The developer shall obtain a grading permit prior . to the commencement of any clearing or grading of the site. F. No grading shall occur outside the limits of the PROJECT unless a letter of permission is obtained from the owners of the affected properties. G. All manufactured slopes within this project shall be no steeper than 2:1. H. A drainage system capable of handling and disposing of all surface water originating within the subdivision, and all surface waters that may flow onto the subdivision from adjacent lands, shall be required. said drainage system shall include any easements and structures as required by the City Engineer to properly handle the drainage. I. Prior to hauling dirt or construction materials to any proposed construction site within this project, the developer shall submit to and receive approval from the city Engineer for the proposed haul route. The developer shall comply with all conditions and requirements the City Engineer may impose with regards to the hauling operations. . (CC/eromres) CASE NO. 89-122-DR/TPM PAGE 8 OF 22 J . J. A separate grading plan shall be submitted and approved and a separate grading permit obtained for the borrow or disposal site if located within the City of Encinitas. 11. 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 Section 24.01.180.) A. The design of all drainage systems shall be approved by the City Engineer prior to APPROVAL OF THE FINAL MAP for this project. The standard improvement plan check deposit is required. . B. All interior and exterior public streets shall be constructed to public street standards. c. Street striping and signing shall be installed to the satisfaction of the Director of Public Works. D. All street structural sections shall be submitted to, and approved by the Director of Public Works. E. Improvement plans prepared on standard size sheets by a Registered Civil Engineer shall be submitted for approval to the Director of Public Works. Plan check and inspection expenses shall be paid by the developer. F. All exterior street improvements shall be constructed prior to issuance of building permits, to the satisfaction of the Director of Public Works. G. 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. . (CC/ eromres) CASE NO. 89-122-DR/TPM PAGE 9 OF 22 j . H. Prior to any work being performed in the public right-of-way, a right-of-way construction permit shall be obtained from the Department of Public Works and appropriate fees paid, in addition to any other permits required. 1. The developer shall pay the Traffic Mitigation Fee at the established rate at the date the final inspection or the date the certificate of occupancy is issued, whichever occurs later. J. The developer shall make an Irrevocable Offer of Dedication (1.0.D.) for all public streets and easements required by these conditions or shown on the TENTATIVE MAP. The offer shall be made by A CERTIFICATE ON THE FINAL MAP for this project. All land so offered shall be granted to the City free and clear of all liens and encumbrances and without cost to the City. streets that are already public are not required to be rededicated. Jason street shall be dedicated and fully improved . by the developer along the subdivision frontage based on a center line to right-of-way width of 30 feet and a centerline to curbline width of 20 feet in conformance with City of Encinitas Standards. K. 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. Prior to close of escrow, the developer shall require that the prospective property owners sign and return the following statement to the City of Encinitas Department of Planning and Community Development: "In purchasing the home on Lot , I am aware of and understand that I am agreeing not to oppose the formation of an assessment district to fund the installation of right of way improvements. L. Reciprocal access and maintenance and/or agreements shall be provided ensuring access to all parcels over private roads, drives or parking areas and . (CC/ eromres) CASE NO. 89-122-DR/TPM PAGE 10 OF 22 . maintenance thereof to the satisfaction of the Director of Public Works. M. Plans, specifications and supporting documents for all improvements shall be prepared to the satisfaction of the City Engineer. Prior to approval of the final map, the Subdivider shall install, or agree to install and secure with appropriate security as provided by law, improvements shown on the tentative map and the following improvements to City standards to the satisfaction of the City Engineer: One half of Jason Street along the project's south property line plus transition as required. The alley in it's entire width along the project's east property line plus transitions as required. 12. DRAINAGE AND FLOOD CONTROL A. storm drains will be required at locations specified by the Director of Public Works and in accordance . with standard engineering practices. B. A drainage system capable of handling and disposing of all surface water originating within the subdivision, and all surface waters that may flow onto the subdivision 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. C. Portland cement concrete cross gutters shall be installed where water crosses the roadways. D. Concentrated flows across driveways and/or sidewalks shall not be permitted. APPLICANT SHALL CONTACT THE APPROPRIATE AGENCY REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 13. UTILITIES A. The developer shall comply with all the rules, regulations and design requirements of the . (CC/ eromres) CASE NO. 89-122-DR/TPM PAGE 11 OF 22 . respective sewer and water agencies regarding services to the project. B. The Subdivider shall provide separate sewer, water, gas, and electric services with meters to each of the units. C. The developer shall be responsible for coordination with S.D.G. & E., Pacific Telephone, and Cable TV authorities. D. All proposed utilities within the project shall be installed underground including existing utilities unless exempt pursuant to the Municipal Code. E. The developer shall be responsible for the relocation and undergrounding of existing public utilities, as required. F. utility easements shall be provided to the specification of the serving utility companies and the Director of Public Works. G. Water, sewer, and fire protection systems plans . shall be designed and constructed to meet requirements of the city of Encini tas, Fire District Appropriate Agency and the Health Department of the County of San Diego. H. Applicant shall provide a letter of availability from the appropriate utility serving aqencies prior to final map. I. The owner/developer shall submit water/public improvement plans to the Water District as a condition of approval. J. The owner shall abide by the San Dieguito Water District Rules and Regulations. K. Cable television services shall be provided and installed underground. The developer shall notify the Cable company when trenching for utilities is to be accomplished. A permit shall be obtained from the Public Works Department for any work to be done within the public right of way. . (CC/eromres) CASE NO. 89-122-DR/TPM PAGE 12 OF 22 I I . 14. GENERAL REQUIREMENTS AND APPROVALS A. Final parcel and tract maps shall conform to City standards and procedures and the Subdivision Map Act. B. All provisions of the Subdivision Ordinance of the Encinitas Municipal Code shall be met as they relate to the division of land including the standard conditions of approval as attached unless specifically waived herein. C. Those portions of the subject property proposed to be held under common ownership shall be labeled such and identified by a separate lot number on the final map. D. Prior to final map approval, all dedications shall be made and easements granted as required above. 15. STANDARD MAP CONDITIONS (Chapter 24.16 of the Municipal Code) . A. That the subdivider grade and improve or agree to grade and improve all land dedicated or to be dedicated for streets or easements, bicycle routes, and all private streets and private easements laid out on a final map or parcel map in such manner and with such improvements as are necessary for the use of the lot owners in the subdivision and local neighborhood traffic and drainage needs, and in accordance with the City Standards. B. That the subdivider install or agree to install all drainage and flood control structures and facilities required by the City Engineer, which drainage and flood control structures and facilities shall conform to the city Standards and the General Plan. C. That the subdivider, if required, install or agree to install fire hydrants and connections of a type and location approved by the Fire Chief and City Engineer. D. That the subdivider provide all necessary easements and right-of-way to accommodate all streets, drainage and flood control structures and facilities, sewer systems, water systems, cable . (CCjeromres) CASE NO. 89-122-DRjTPM PAGE 13 OF 22 J . television and all other required utilities extending beyond the boundaries of the subdivision. E. That the subdivider shall provide that the subdivision be connected to a domestic water system approved by the city and all water system facilities shall be subject to the requirements of the water company or agency serving the subdivision. That the subdivider shall install or agree to install all required water systems necessary to serve the subdivision, including fire hydrants and connections as may be required, and that all water lines, appurtenances and service connections have been constructed or laid prior to paving or provisions have been made to ensure said construction. F. That, where a sewer facility is constructed or laid within a street or road, the subdivider has installed or agreed to install sewer facilities of a type, size and location approved by the City Engineer to the property line of each lot wi thin the subdivision and that all sanitary sewer lines, appurtenances and service connections have been constructed or laid prior to paving or provisions . have been made to ensure said construction; and that all sewer system facilities and construction standards shall be subject to the requirements of the agency providing service to the subdivision. G. All new and existing utility facilities, including, but not limited to power, telephone and cable television conduit and lines within the boundaries of any new subdivision and within any half-street abutting a new subdivision, shall be placed underground. The subdivider is responsible for complying with the requirements of this subsection, and shall make the necessary arrangement with each of the serving utilities, including franchised cable television operators, for the installation of such facilities. Transformers, terminal boxes, meter cabinets, pedestals, concealed ducts and other facilities necessarily appurtenant to such underground utilities and street lighting systems may be placed above ground subject to the subdivider's obtaining a Design Review Permit. The provisions of this subsection shall not apply to the installation and maintenance or overhead electric transmission lines in excess of 34,500 volts and long distance and trunk communication facilities. . (CC/eromres) CASE NO. 89-122-DR/TPM PAGE 14 OF 22 . This installation of cable television lines may be waived when, in the opinion of the City Council, no franchised cable operator is found to be willing and able to install cable television lines in the subdivision. Notwithstanding any such waiver, the installation of cable television conduit is required. H. Where the City has adopted a flood control element or drainage element of the general plan, all improvements shall conform to such element. I. That the subdivider comply or agree to comply with all the conditions of approval contained in the resolution approving the tentative tract map and not otherwise provided for by this Chapter. J. That all required improvements conform to city standards. 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 upon . receipt of evidence indicating that the condition has been fulfilled or cannot be fulfilled due to circumstances beyond the control of the developer. . (CC/eromres) CASE NO. 89-122-DR/TPM PAGE 15 OF 22 . PASSED AND ADOPTED this 7th day of September, 1989, by the following vote, to wit: AYES: Kaden, Locko, Eldon, Shur NAYS: None ABSENT: Harwood ABSTAIN: None ~-~L Deuglac Harwood, ChC1~LIJI::.L SOlI of the Leucadia Community Advisory Board ATTEST: ~e;{~ . Associate Planner . (CC/eromres) CASE NO. 89-122-DR/TPM PAGE 16 OF 22