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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 . \ 10 \I : ., I ( , 12 '., ~ ~ -""~ ~~ .. ///j! ,( ex~' 61-1 Á '( ORDER NO. 1168303-4 -..... -:': :- -- 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 '>;. .:; - ,'"'\!:/:, .13 ~~ ~~¿$ 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. I I i I 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.