1989-22
RESOLUTION NO. OE89-22
A RESOLUTION OF THE OLD ENCINITAS COMMUNITY ADVISORY BOARD
CITY OF ENCINITAS, APPROVING A MINOR USE PERMIT,
BOUNDARY ADJUSTMENT AND ASSOCIATED NEGATIVE DECLARATION
TO ALLOW ANNEXATION OF A .8 ACRE PARCEL OF LAND
TO AN EXISTING SELF STORAGE FACILITY
LOCATED AT 911 ENCINITAS BOULEVARD THROUGH A BOUNDARY
ADJUSTMENT FOR USE FOR OUTDOOR STORAGE OF
BOATS, RVS.
(CASE NUMBER 89-154 MIN/BA/EIA)
WHEREAS, a request for consideration of a Minor Use Permit and
Boundary Adjustment was filed by Encinitas Self Storage to allow
annexation of a .8 acre parcel of land to an existing self storage
facility as per Chapters 30.74 and 24.70 of the City of Encinitas
Municipal Code, for the property located at 911 Encinitas Blvd.,
legally described as;
See Attachment "c"
WHEREAS, a public hearing was conducted on the application on
October 12, 1989, and
WHEREAS, the Community Advisory Board considered:
1.
The staff report dated October 3, 1989;
2.
The application and maps submitted by the applicant;
3.
Oral evidence submitted at the hearing;
4.
written evidence submitted at the hearing; and
TC/05/CAB17-1515WP58(10-16-89-3)
WHEREAS, the Old Encinitas Community Advis ry Board made the
following findings pursuant to Chapters 24.70 and 30.74 of the
Encinitas Municipal Code:
SEE ATTACHMENT "A"
NOW, THEREFORE, BE IT RESOLVED by the Old E cinitas Community
Advisory Board of the City of Encinitas that Mi or Use Permit and
Boundary Adjustment 89-154 MIN/BA/EIA is hereb
approved subject
to the following conditions:
SEE ATTACHMENT "B"
BE IT FURTHER RESOLVED by the Old Encinitas
ommunity Advisory
Board of the City of Encinitas that:
This project will
not have a
significa t effect on the
environment and a negative declaration is hereby certified,
pursuant to the California Environmental Q ality Act (CEQA).
PASSED AND ADOPTED this 12th day of Octo er, 1989, by the
following vote, to wit:
AYES:
Tobias, Rotsheck, Steyaert, Birn aum
NAYS:
None
ABSENT:
Kauflin
ABSTAIN:
None
if) ð:w
Peter Tobia
of the Old
Community A
ATTEST:
--------
.---- "
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:'~hra-eÎ1 ~-~- ~-
Associate Planner
TC/05/CAB17-1515WP59(10-16-89-3)
ATTACHMENT "A"
RESOLUTION NO. OE89- 22
Findings for a Use Permit (Chapter 30.74):
1.
The location, size, design or operating characteristics of the
proposed project will be incompatible with or will adversely
affect or will be materially detrimental to adjacent uses,
residences, buildings, structures or natural resources, with
consideration given to, but not limited to:
(a)
The inadequacy of public facilities,
utilities to serve the proposed project;
services
and
(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 site will be separated from adjacent uses by natural
barriers and/or landscape screening. The property is
separated from residential areas to the south and west
by the steep natural embankment. Encinitas Boulevard and
the existing complex will effectively separate the
storage area from residential areas to the north. The
outdoor storage area will be partially visible from the
east, but the applicant is proposing Eucalyptus trees to
help screen that frontage.
All public services and facilities are in place to serve
the project. The Encinitas Fire Protection District has
required the "hammerhead" turnaround area shown on the
site plan to provide service.
Given the fact that the proposed storage area is adjacent
to an existing self-storage facility and topographically
separated from adjoining residential areas, it is well
suited to the proposed use as opposed to a lower density
residential use commensurate with the zone. All setbacks
and other zoning regulations will be complied with.
Traffic generation will be minimal, at only approximately
five average daily trips.
As was noted earlier, staff and the assigned
environmental consultant have found that the proj ect will
have no significant adverse environmental impacts and are
thus recommending a Negative Declaration. This
recommendation is predicated upon no encroachment into
natural slope areas of a 25% gradient or more. The
applicant has agreed to meet this condition (see
TC/05/CAB17-1515WP510(10-16-89-3)
condition #IB) and understands that the most
southwesterly space will be downsized or removed
accordingly. The area is to be graded be staked prior to
grading and inspected to assure compliance.
2.
The impacts of the proposed project will 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 use is permitted
in a residential zone with a Minor Use Permit, which
requires findings of suitability of the site for the
proposed use and compatibility with adjoining uses.
3.
The project fails to comply 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 site
plan dated June 5,1989 and landscape plan dated June 15,
1989 in conjunction with the conditions of approval
attached.
The application to adjust a lot line shall be approved unless the
parcels resulting from the adjustment will:
A.
Create a condition which does not comply with zoning and
development regulations. All parcels resulting from a lot
line adjustment shall comply with minimum City requirements
for lot size, dimensions, access, parking and circulation, and
all other applicable development standards established through
the zoning and development code. The lot line adjustment
shall also be found to promote available design standards and
guidelines as established through the zoning and development
code. The lots resulting from a lot line adjustment and
existing and/or potential development on those lots shall be
found to be within limitations for lot density and intensity
of development and use as established through the zoning and
development code. (Ord. 88-10).
Evidence to Consider:
Both the subject property and the lots being reduced in area
through the adjustment conform with all code requirements as
to minimum lot size, density (mid-range), subdivision design
standards, setbacks and all other technical development
standards.
TC/05/CAB17-1515WP511(10-16-89-3)
B.
Create a condition which
regulations.
comply with
building
does
not
Evidence to Consider:
No new building is proposed nor condition violating the U.B.C.
created.
c.
Materially, adversely affect an agreement for the security for
the construction of public improvements.
Evidence to consider:
No security agreements for public improvements are in place
to be affected by the development as public improvements have
already been installed.
D.
Extends beyond the City limit boundary.
Evidence to Consider:
The project is entirely within City boundaries.
E.
Requires substantial alteration of any existing improvement
or creates a need for any new improvement.
Evidence to Consider:
Public improvements along Encinitas Boulevard are in place,
and no need of new improvements will be created.
F.
Adjusts the boundary line between lots which are subject to
an agreement for public improvements, unless the City Engineer
finds that the proposed adjustment will not materially affect
such agreement for the security therefor.
Evidence to Consider:
See finding "C".
TCj05jCAB17-1515WP512(10-16-89-3)
Applicant:
Case No:
Subject:
Location:
I.
STANDARD CONDITIONS
ATTACHMENT "B"
Encinitas Self storage
89-154 MIN/BA/EIA
Boundary Adjustment and Minor Use Permit for outdoor
storage of boats, RVs.
911 Encinitas Boulevard
SPECIFIC CONDITIONS
A.
The applicant shall execute and record a Record of
Survey Map in accordance with section 24.70.110 of
the Zoning Ordinance in accordance with this
approval satisfactory to the Community Development
Department.
B.
No grading shall occur to natural slopes of 25% or
more. The parking/storage area shall be staked
prior to grading and inspected by the Community
Development Department to assure compliance.
C.
The proposed chain link fencing around the perimeter
of the parking shall be not more than 1 ft. from
said parking/storage area, with project landscaping
located outside of said fence.
D.
A revised landscape plan to include the following
shall be submitted and found satisfactory by the
Communi ty Development Department pr ior to permit
issuance:
i.
Substitution of a native groundcover for the
proposed "Red Apple" Artemia.
ii.
Incorporation of a native species shrub as an
understory to the trees around the perimeter
of the parking/storage area.
E.
Light standards shall be limited to two standards
of a maximum 12 ft. height and shall be of a low
pressure sodium type.
CASE NUMBER:
89-154 MIN/BA/EIA
Page 1 of 5
TC/05/CAB17-1515WP51(10-16-89-3)
II.
STANDARD CONDITIONS
1.
GENERAL CONDITIONS
A.
This approval will expire in two years, on October
12, 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 wi thin 15 calendar days from the date of this
approval.
C.
At all times during the effective period of this
permit, the applicant shall obtain and maintain in
valid force and effect, each and every license and
permit required by a governmental agency for the
operation of the authorized activity.
D.
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 set before the authorized agency to determine
why the city of Encinitas should not revoke this
permit.
E.
Upon a showing of compelling public necessity
demonstrated at a noticed hearing, the City of
Encini tas, acting through the authorized agency, may
add, amend, or delete conditions and regulations
contained in this permit.
F.
Nothing in this permit shall relieve the applicant
from complying with the conditions and regulations
generally imposed upon activities similar in nature
to the activity authorized by this permit.
G.
Nothing in this permit shall authorize the applicant
to intensify the authorized activity beyond that
which is specifically described in this permit.
H.
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.
CASE NUMBER:
89-154 MIN/BA/EIA
Page 2 of 5
TC/05/CAB17-1515WP52(10-16-89-3)
I.
permi ts from other agencies will be required as
follows:
a.
Coastal Commission
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND COMMUNITY
DEVELOPMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
2.
SITE DEVELOPMENT
J.
K.
3.
LANDSCAPING
L.
M.
For a new commercial or industrial development, or
addition to an existing development, the applicant
shall pay development fees at the established rate.
Such fees may include, but not be limited to:
Permit and Plan Checking Fees, Water and Sewer
Service Fees, School Fees, Traffic Fees, Drainage
Fees and Park Fees. These fees shall be paid prior
to permit issuance.
Any change to the natural drainage or concentration
of drainage shall be adequately handled and shall
not impact adjacent properties.
The landscape plan shall meet the standards of the
Zoning ordinance, Grading ordinance, Landscape
Guidelines and Offstreet Parking Design Manual and
is approved as submitted subject to the following
modifications:
a.
All trees indicated shall be a minimum 15
gallon size and all shrubs shall be a minimum
five gallon size.
All required plantings shall be in place prior to
use. 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.
TC/05/CAB17-1515WP53(10-16-89-3)
CASE NUMBER:
89-154 MIN/BA/EIA
Page 3 of 5
APPLICANT SHALL CONTACT THE ENCINITAS FIRE PROTECTION DISTRICT
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
4.
FIRE
N.
The applicant shall incorporate the Fire Department
"hammerhead" turnaround as indicated on the site
plan dated June 5, 1989.
APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
5.
GRADING
o.
The developer shall obtain a grading permit prior
to the commencement of any clearing or grading of
the site.
CASE NUMBER:
89-154 MIN/BA/EIA
Page 4 of 5
TC/05/CAB17-1515WP54(10-16-89-3)
ATTACHMENT "C"
LEGAL DESCRIPTION
BOUNDARY ADJUSTMENT
All that portion of the Southeast Quarter of the Northeast Quarter
of section 15, Township 13 South, Range 4 West, S.B.M., in the
County of San Diego, State of California, according to united
States Government Survey approved April 19, 1881, more particularly
described as follows:
PARCEL A:
Commencing at the Southeast corner of said Southeast Quarter of the
Northeast Quarter of section 15; thence N89039'52"W along the South
line thereof, 430.00 feet; thence NOOo50'14"E parallel with the
East line of said Northeast Quarter a distance of 760.51 feet to
the TRUE POINT OF BEGINNING; thence continuin~ northerly along said
line NOOo50' 14 "E 253.00 feet; thence S89 39' 52"E 320.00 feet,
thence SOOo50'14"W 70.00 feet; thence S89039'52"E 15.00 feet;
thence SOOo50'14"W 183.00 feet more or less to the southerly line
of that parcel of land described in the deed to Marvin W.
Kleinschmidt and Lois T. Kleinschmit, husband and wife, recorded
September 12, 1952 as Document No. 113679 in Book 4590 Page 253 of
Official Records; thence proceeding westerly along said southerly
line N89039'52"W 335.00 feet more or less to the TRUE POINT OF
BEGINNING.
PARCEL B:
Commencing at the Southeast corner of said Southeast Quarter of the
Northeast Quarter of section 15: thence N89039'52"W along the South
line thereof, 430.00 feet; thence NOOo50'14"E parallel with the
East line of said Northeast Quarter a distance of 1013.51 feet to
the TRUE POINT OF BEGINNING; thence continuing northerly along said
line NOOo50' 14"E 108.00 feet, more or less to the northwesterly
corner of that parcel of land described in deed to Gerald Louis
Zinneger and Jo-Ann L. Zinneger, husband and wife, record October
28, 1959 as Document No. 223301 in Book 7961 Page 438 of Official
Records; thence proceeding easterly along the northerly line of
said parcel of land S89039'52"E 320.00 feet; thence SOOo51'08I1W,
108.00 feet more or less to the Southerly line of said Zinneger
parcel; thence proceeding westerly along said southerly line
N89039'52"W, 320.00 feet more or less to the TRUE POINT OF
BEGINNING.
CASE NUMBER:
89-154 MINjBAjEIA
Page 5 of 5
TCj05jCAB17-1515WP55(10-16-89-3)
PARCEL C:
Commencing at the Southeast corner of said Southeast Quarter of the
Northeast Quarter of section 15; thence N89039'52"W along the South
line thereof, 430.00 feet; thence NOOo50'14"E parallel with the
East line of said Northeast Quarter a distance of 760.51 feet;
thence N89039'52"W 430.00 feet to the southeasterly corner of that
parcel of land described in deed to Marvin W. Kleinschmidt and Lois
T. Kleinschmidt, husband and wife, recorded September 12, 1952 as
Document No. 113679 in Book 4590 Page 253 of Official Records, said
point being the TRUE POINT OF BEGINNING; thence NOOo50' 14"E (Record
NOOo51' 08"E) along the easterly line of said parcel of land a
distance of 253.00 feet more or less to the northeast corner of
said parcel of land; thence N89039' 52"W (N88o49' 37"W per deed
recorded October 28, 1959 in Book 7961 Page 439 O.R.) a distance
of 22.00 feet; thence NOOo50'14"E along the easterly line of said
parcel of land described in deed recorded October 28, 1959 in Book
7961 Page 439 O.R. a distance of 108.00 feet more or less to the
northeast corner of said parcel of land; thence N89039'52"W 88.00
feet; thence SOOo50'14"W 178.00 feet; thence S89039'52"E 15.00 feet;
thence SOOo50'14"W 183.00 feet more or less to the southerly line
of said parcel of land described in deed recorded September 12,
1952 as Document No. 113679 of Official Records; thence easterly
along said southerly line S89039'52"E 95.00 feet more or less to
the TRUE POINT OF BEGINNING.
CASE NUMBER:
89-154 MIN/BA/EIA
Page 6 of 5
TC/05/CAB17-1515WP56(10-16-89-3)