1998-64
RESOLUTION NO. PC- 98-64
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ENCINIT AS APPROVING A DESIGN REVIEW AND
COASTAL DEVELOPMENT PERMIT APPLICATION TO ALLOW
THREE SINGLE F AMIL Y DWELLINGS
FOR PROPERTY LOCATED AT
176 - 192 WEST JASON STREET
(CASE NO. 98-186 DR/CDP; APN: 254-222-39,40, & 41)
WHEREAS, Jason Street LLC applied for a Design Review and Coastal Development Permit to
allow three detached single family dwellings on proposed separate legal lots, within the R-ll zone,
for property located in the 176 - 192 West Jason Street., Encinitas, further described as:
(SEE ATTACHMENT "A", LEGAL DESCRIPTION)
WHEREAS, the Planning Commission conducted a noticed public hearing on the
application on October 6, 1998, at which time all those desiring to be heard were heard; and
WHEREAS, the Planning Commission considered, without limitation:
1. The October 6, 1998, agenda report to the Planning Commission with attachments;
2. The General Plan, Municipal Code, Associated Land Use Maps and the Local
Coastal Plan;
3. Oral evidence submitted at the hearing;
4. Written evidence submitted at the hearing;
5. Revised project plans, consisting of a revised Overall Project Information Sheet
dated received September 25, 1998; site plans, floor plans and building elevations
for each parcel consisting of 18 sheets total, dated received by the City of Encinitas
on July 15, 1998; Landscape & Irrigation plans consisting of one sheet dated
received by the City of Encinitas on September 21, 1998; and the revised Exterior
Color Scheme dated received September 28, 1998.
WHEREAS, the Planning Commission made the following findings pursuant to Chapter
23.08 ofthe Encinitas Municipal Code:
(SEE ATTACHMENT "B")
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Encinitas hereby approves application 98-186 DR/CDP subject to the following conditions:
(SEE ATTACHMENT "C")
BE IT FURTHER RESOLVED that the Planning Commission, in its independent
judgment, finds this project Exempt from Environmental Review as per CEQA Guidelines Section
15303(a).
PASSED AND ADOPTED this 6th day of October, 1998, by the following vote, to wit:
AYES: Jacobson, Patton, Wells, Bagg, Grossman
NAYS: None
ABSENT: None
ABSTAIN: None
ATTEST:
NOTE: This action is subject to Chapter 1.04 of the Municipal Code, which specifies time limits
for legal challenge.
'-
Attachment A
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~~ .. ///j! ,( ex~' 61-1 Á '( ORDER NO. 1168303-4
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LEGAL ~ESCRIPTIJ~
THE LAND REFERRED TO HEREIN IS SITUATED :N THE STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
PARCEL A:
ALL THAT PORTION OF LOTS 19 AND 20 BLOCK OF SOUTH COAST PARK NUI-1BER 4,
IN THE COUNTY OF SAN DIEGO, STATE OF CAL!FORNIA, ACCORDING TO t1AP
THEREOF NO. 2049. FILED IN THE OFFICE OF ~E COUNTY RECORDER OF SAID
SAN :JIEGO COUNTY LYING SOUTHERLY AND '(¡ESTERLY OF THE POLLOWIUG
DESCRIBED LINE.
BEGINNING AT THE NORTHWEST CORNER o~ SAID LOT 20, THENCE ALONG THE
WESTERLY LINE OF SAID LOT 20 SOUTH 19°26'45" EAST 128.31 FEET TO THE
TRUE POINT OF BEGUmING; THENCE LEAVING SAID WESTERLY LINE NORTH
74°16'30" EAST 76.22 FEET; THENCE SOUTH 67°51'11" EAST 48.75 FEET;
THENCE SOUTH 17 ° 35' 30" EAST 67.08 FEET TO THE POINT' OF TERMINUS ON THE
NORTHERLY BOUNDARY OF THAT CERTAIN PUBLIC F.OAD KNOHN AS JASON STREET,
40 FEET IN WIDTH.
PARCEL B~
ALL THOSE PORTIONS OF LOTS 19 AND ¿D, BLOCK 2 OF SOUTH COAST PARK NO.
.; IN THE COUNTY OF SAN DIEGO, STATZ OF CALIFORNIA, ACCORDUiG TO MAP
THEREOF r:o. 2049, FILED IN THE OFFICE ~F ~~E COUNTY P~CORDER OF S~l
DIEGO COUNTY. DESCRIBED AS ?OLLO~'¡S:
BEG::NNn;G AT THE iiORTHWES~ CORNER OF SAI:: LOT 2 0, THENCE ALONG THE
í1ESTERLY LHIE OF SAID LOT SOtITH 1.9°2S";S" EAST :'28.31 FEET; THENCE
LEAVING SAID ~'¡ESTERLY LINE NORTH 74°15'30" EAST 76.22 FEET; THENCE I
SOUTH 67°51'11" EAST 48.75 FEET; 7HENCE SOUTH 17°35' 3011 EAST 67.08
FEET ':'0 A POINT ON THE NORTHERLY BOUNDARY OF THE PUBLIC ROAD KNOWN AS
JASON STREET, 40 FEET IN WIDTH. SAID POINT HEREIN AFTER REFERRED TO AS
POINT "AI'; THENCE ALONG SAID BOUNDARY NORTH 74°16'30" EAST 20.01 FEET;
THENCE LEAVING SAID BOUNDARY NORTH 17 ° 3 5' 30" WEST 77.11 FEET; THENCE
NORTH 67°51' 1111 WEST 77.99 FEET; THENCE NORTH 17°35'30" WEST ~OO.lO
FEET TO A POINT ON THE NORTHERLY LINE OF SAID LOT 20: THENCE ALONG
SAID ;-10RTHERLY LINE SOUTH 74°16' 30 II ~1EST 77.89 FEET TO THE NORTHWEST
CORNER OF SAID LOT 20, SAID POINT BEING -:-:-!E POINT OF BEGINNING.
rAGE 5
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~~
~~¿$ ORDER NO. 1168303-4
PARCEL C:
ALL THAT PORTION OF LOTS 19 AND 20 BLOCK 2 OF SOUTH COAST PARK ~nn1BER
4 IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF NO. 2049, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID
SAN DIEGO COUNTY LYING NORTHERLY, AND EASTERLY OF THE FOLLOWING
DESCRIBED LINE.
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 20, THENCE ALONG THE
WESTERLY LINE OF SAID LOT SOUTH 19°26'45" EAST 128.31 FEET; THENCE
LEAVING SAID WESTERLY LINE NORTH 74°16' 30" EAST 76.22 FEET; THEl-ICE
SOUTH 67°51'11" EAST 48.75 FEET; THENCE SOUTH 17°35'30" EAST 67.0B
FEET TO A POINT ON THE NORTHERLY BOUNDARY OF THAT CERTAIN PUBLIC ROAD
KNOWN AS JASON ~ET, 40 FEET IN WIDTH; THENCE ALONG SAID BOUNDARY
NORTH 74°::'6'30" EAST 20.01 FEET; THENCE Lz.;'VING SAID BOUNDARY NORTH
17°35'30" HEST 77.11 FEET TO THE TRUE POINT OF BEGINNI~G; THENCE NORTH
67°51'11" WEST 77.99 FEET; THENCE NORTH 17°35'30" WEST 100.10 FEET TO
THE POINT OF TERMINUS ON THE NORTHERLY LINE OF SAID LOT 20.
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PAGE 6
ATTACHMENT "B"
Resolution No. PC- 98-64
Case No. 97-186 DR/CDP
FINDINGS FOR DESIGN REVIEW
STANDARD: Section 23.08.072 of the Encinitas Municipal Code provides that an
application for a design review permit must be granted unless, based upon the information
presented in the application and during the Public Hearing, the authorized agency makes any
of the following regulatory conclusions:
A. The project design is inconsistent with the General Plan, a Specific Plan, or the provisions
of the Municipal Code.
Facts: The City has conducted a detailed review of the application to construct three single
family dwellings in light of the Municipal Code and General Plan standards for the subject R-11
Zone, and the Planning Commission has reviewed the application and is familiar with the project
site.
Discussion: A review of the application has been conducted by the Community Development
Department and by the Planning Commission and all applicable standards of the Municipal
Code and goals of the General Plan have been found to be satisfied with the subject application.
The residential use is allowed by right in the R-11 Zone.
Conclusion: The Plarming Commission determines that the project as proposed is consistent
with the Municipal Code and General Plan. No specific plan is applicable.
B. The project design is substantially inconsistent with the City's Design Review Guidelines.
Facts: Chapter 23.08 of the Municipal Code contains Design Review Guidelines with which the
authorized agency must find the project substantially consistent in order to grant approval.
The applicant proposes to construct three single family dwellings on three newly created legal
lots, as per Municipal Code Section 30.16.010.
Discussion: 1) Site design: With regard to Design Guidelines 1.1 - 1.11, the Commission finds
that the proposed project adequately addresses these required elements. Specifically, regarding
Guideline 1.4, the project has no significant "views through the site" and the applicant proposes
to maintain the standard residential height as measured from the lower of natural or finished
grade. Views "to the site" are limited to the 131 foot street frontage which allows for views to
three of the five homes that will ultimately be built within the development.
2. Building design: As demonstrated on the associated plans, the overall project proposes design
elements having substantial building wall and architectural variation, and would present pleasing
primary elevations to the adjacent street, creating a project with a high degree of visual interest, and
therefore complies with Design Review Guidelines 2.1 - 2.12. Regarding Guidelines 2.3 - 2.6, as
discussed above, the project would constitute an enhancement to the property and surrounding area.
3. Landscape Design: A landscape and irrigation plan has been submitted, included in the
package of plans. A total of eight 24" box California Sycamores, eight box specimen queen palms,
five 24" box Tipu Trees, five 15 gallon pigmy date palms and fifteen 15 gallon Timber bamboo
trees are proposed around the project site, with an assortment of other plant types. Sod is proposed
for the rear and side yard areas. The majority of the landscaping is in the front yard setback of the
two units which front on West Jason Street. The access easement will be lined with twenty 5 gallon
Alphonse Karr and twenty-six 5 gallon Lavender Starflower. Four of the California Sycamores
and five of the Timber bamboo trees will be incorporated into the landscaping along the access
easement and act to further screen the two adjacent homes from the easement.
Conclusion: The Commission finds that the building, site, and landscape design comply with
the Design Review Guidelines, and would constitute an enhancement to the project site and the
surrounding area.
C. The project would adversely affect the health, safety, or general welfare of the community.
Facts: The project complies with all applicable standards outlined in the Municipal Code. The
project is exempt from Environmental Review, as per CEQA Section 15303(a).
Conclusion: The Commission finds that the project would not adversely affect the health,
safety, or general welfare of the community.
D. The project would cause the surrounding neighborhood to depreciate materially in appearance or
value.
Facts: The project site consists of a property zoned R-l1, is currently vacant and is surrounded
by a mix of older single family dwellings and newer multi-unit developments.
Discussion: The proposed project will develop a site with three single family dwellings on three
newly created legal lots, in a scale consistent with surrounding development.
Conclusion: The Commission finds that the project will create a visually interesting site and
will constitute an enhancement to the surrounding area with the improvement of a vacant
property.
FINDINGS FOR A COASTAL DEVELOPMENT PERMIT
STANDARD: Section 30.80.090 of the Municipal Code provides that the authorized agency
must make the following findings of fact, based upon the information presented in the
application and during the Public Hearing, in order to approve a coastal development
permit:
1. The project is consistent with the certified Local Coastal Program of the City of Encinitas;
and
2. The proposed development conforms with Public Resources Code Section 21000 and
following (CEQA) in that there are no feasible mitigation measures or feasible alternatives
available which would substantially lessen any significant adverse impact that the activity
may have on the environment; and
3. For projects involving development between the sea or other body of water and the nearest
public road, approval shall include a specific finding that such development is in conformity
with the public access and public recreation policies of Section 30200 et. seq. ofthe Coastal
Act.
Facts: The site is designated as Residential 8.01 - 11 du/ac on the Land Use Designation
map of the General Plan and is zoned R-l1 on the Zoning Map. The project proposes the
construction of three detached single family residences.
Discussion: The proposed project is in conformance with the development standards of
the R-11 Zone. Additionally, with approval of the Coastal Development Permit the project
is consistent with the Local Coastal plan. There are no potentially significant adverse
impacts associated with this project and thus finding No.2 is not applicable.
The City's General Plan and Municipal Code are applicable components of the City's Local
Coastal Plan. The project consists of three proposed single family dwellings, as permitted
within the subject R-11 Zone. No aspect of the project has been identified which could have
an adverse impact on coastal resources or any natural resources.
Conclusion: Since the project complies with all applicable provisions of the City's
Municipal Code, the Planning Commission finds that the project is consistent with the
certified Local Coastal Program of the City of Encinitas and that required finding #2 is not
applicable since no significant adverse impact is associated with the project. Finding #3 is
not applicable since the project does not involve development between the sea or other body
of water and the nearest public road and therefore does not impact public access to coastal
resources. No aspect of the project has been identified which could have an adverse impact
on coastal or any natural resources. The approval of this Coastal Development Permit
satisfies the requirements of the Encinitas Local Coastal Program.
ATTACHMENT "C"
Resolution No. PC-98-64
Case No. 98-186 DR/CDP
CONDITIONS OF APPROV AL
Project No.: 98-186 DR/CDP
Applicant: Jason Street LLC
Location: 176 - 192 West Jason Street
SC1 SPECIFIC CONDITIONS:
SC2 This approval will expire on October 6,2000 at 5:00 pm, two years after the approval of
this project, unless the conditions have been met or an extension of time has been
approved pursuant to the Municipal Code.
SC5 This project is conditionally approved as set forth on the application revised project plans,
consisting of a revised Overall Project Information Sheet dated received September 25,
1998; site plans, floor plans and building elevations for parcels "A", "1" & "2", consisting
of 11 sheets total, dated received by the City of Encinitas on July 15, 1998; Landscape &
Irrigation plans consisting of one sheet dated received by the City of Encinitas on
September 21, 1998; and the revised Exterior Color Scheme dated received September 28,
1998, and shall not be altered without express authorization by the Community
Development Department.
SCA All exterior walls shall include cedar wood shingle siding, 1" x 4" wood trim around all
door and window openings, paired 2" x 6"s either side of 2" x 4" truss tails, 2" x 8" fascia at
rakes and trellis on Unit "A" with member sizes as follows: 8" x 8" columns and north-
south beams, 6" x 8" east-west beams and 4" x 6" trellis members, all painted according to
the approved Exterior Color Scheme with composition shingle roof of colors indicated with
Exterior Color Scheme.
SCB All area of the site not paved with concrete or asphalt is to receive landscaping consisting of
shrubbery, and the following groundcover treatments: (1) Entryway areas shall be covered
with a combination of groundcover plantings (from flats) and turfgrass (sod), (2) Side
yards and rear yards shall be covered with hydro seeded wildflower mix.
El ENGINEERING CONDITIONS:
CONTACT THE EN G INEERIN G SERVICES DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITION(S):
ENA Plans, specifications, and supporting documents for the improvements shall be prepared
to the satisfaction of the City Engineer. Said improvement shall be the construction of
sidewalk, curb and gutter, and asphalt paving to conform to a 40 foot special street
section as noted in the City of Encinitas Public Road Standards. Asphalt paving
minimum section, 4" AC over 6" AB.
G1 STANDARD CONDITIONS:
CONTACT THE COMMUNITY DEVELOPMENT DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
DR 1 Any future modifications to the approved project will be reviewed relative to the findings
for substantial conformance with a design review permit contained in Section 23.08.140 of
the Municipal Code. Modifications beyond the scope described therein may require
submittal and approval of an amendment of the design review permit by the authorized
agency.
DR2 Side and rear elevations and window treatments shall be trimmed and architecturally
treated so as to substantially match the front elevations. This treatment shall be reflected
in building plans and shall be found satisfactory by the Community Development
Department prior to the issuance of building permits.
DR3 All project grading shall conform with the approved plans. If no grading is proposed on
the approved plans, or subsequent grading plans are inconsistent with the grading shown
on the approved plans, a design review permit for such grading shall be obtained from the
authorized agency of the City prior to issuance of grading or building permits.
G13 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 Mitigation Fees, Flood Control Mitigation Fees, Park Mitigation
Fees, and Fire Mitigation/Cost Recovery Fees. Arrangements to pay these fees shall be
made prior to building permit issuance to the satisfaction of the Community Development
and Engineering Services Departments. The applicant is advised to contact the
Community Development Department regarding Park Mitigation Fees, the Engineering
Services Department regarding Flood Control and Traffic Fees, applicable School
District(s) regarding School Fees, the Fire Department regarding Fire Mitigation/Cost
Recovery Fees, and the applicable Utility Departments or Districts regarding Water and/or
Sewer Fees.
L2 All required plantings and automated irrigation systems shall be in place prior to use or
occupancy of new buildings or structures. All required plantings and automated irrigation
systems shall be maintained in good condition, and whenever necessary, shall be replaced
with new materials to ensure continued compliance with applicable landscaping,
buffering, and screening requirements. All landscaping and irrigation systems shall be
maintained in a manner that will not depreciate adjacent property values and otherwise
adversely affect adjacent properties. All irrigation lines shall be installed and maintained
underground (except drip irrigation systems).
G2 This approval may be appealed to the City Council within 15 calendar days from the date
of this approval in accordance with Chapter 1.12 of the Municipal Code.
G5 Approval of this request shall not waive compliance with any sections of the Municipal
Code and all other applicable City regulations in effect at the time of Building Permit
issuance unless specifically waived herein.
G7 Prior to issuing a final inspection on framing, the applicant shall provide a survey from a
licensed surveyor or a registered civil engineer verifying that the building height is in
compliance with the approved plans.
APPLICANT SHALL CONTACT THE EN CINIT AS FIRE DEPARTMENT
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
F2 ACCESS ROADWAY DIMENSIONS: Fire apparatus access roadways shall have an
unobstructed paved width of not less than 24 feet and an unobstructed vertical clearance
of not less than 13 feet 6 inches. EXCEPTION: Access to one (1) single family
residence shall not be less than 16 feet of paved width.
F9 POSTING OF ROADWAYS: Emergency access roadways when required shall be
properly identified as per Fire Department standards.
F13 ADDRESS NUMBERS: Address numbers shall be placed in a location that will allow
them to be clearly visible from the street fronting the structure. The height of the
address numbers shall conform to Fire Department Standards.
F14 ADDRESS NUMBERS FOR STRUCTURES LOCATED OFF ROADWAY: Where
structures are located off a roadway on long driveways, a monument marker shall be
placed at the entrance where the driveway intersects the main roadway. Permanent
address numbers with height conforming to Fire Department standards shall be affixed
to this marker.
Bl BUILDING CONDITION(S):
CONTACT THE ENCINIT AS BUILDING DIVISION REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITION(S):
B2 The applicant shall submit a complete set of construction plans to the Building Division for
plancheck processing. The submittal shall include a SoilslGeotechnical Report, structural
calculations, and State Energy compliance documentation (Title 24). Construction plans
shall include a site plan, a foundation plan, floor and roof framing plans, floor planes),
section details, exterior elevations, and materials specifications. Submitted plans must
show compliance with the latest adopted editions of the California Building Code (The
Uniform Building Code with California Amendments, the California Mechanical, Electrical
and Plumbing Codes). Commercial and Multi-residential construction must also contain
details and notes to show compliance with State disabled accessibility mandates. These
comments are preliminary only. A comprehensive plancheck will be completed prior to
permit issuance and additional technical code requirements may be identified and changes
to the originally submitted plans may be required.