1998-62
RESOLUTION NO. PC 98-62
A RESOLUTION OF THE CITY OF ENCINITAS
PLANNING COMMISSION
APPROVING A DESIGN REVIEW PERMIT AND
A COASTAL DEVELOPMENT PERMIT
TO ALLOW THE CONSTRUCTION OF AN
APPROXIMATELY 4,200 SQUARE FOOT
DUPLEX STRUCTURE FOR PROPERTY
LOCATED AT 135 & 137 THIRD STREET
(Case No. 98-204 DR/CDP; APN: 258-031-05)
WHEREAS, a request for consideration of a Design Review Permit and a Coastal
Development Permit was filed by Bradford & Jackie Bowman and Dennis & Sandra Lee to allow the
construction of an approximately 4,200 square foot Duplex structure in accordance with Chapters
23.08 and 30.80 of the Encinitas Municipal Code, for property located in the Residential-15 (R-15)
Zoning District at 135 & 137 Third Street, legally described as:
Lot 11, Block 24 of Pitcher's Subdivision of Blocks 1,24,25,45,46 and 56 of Encinitas, in
the City of Encinitas, County of San Diego, State of California, according to the Map thereof
No. 187, filed in the Office of the County Recorder of San Diego County on April 4, 1887.
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 exhibits;
2. The General Plan, Local Coastal Program, Municipal Code, and associated Land Use
Maps;
3. Oral evidence submitted at the hearing;
4. Written evidence submitted at the hearing;
5. Project plans consisting of six sheets, including: (1) Sheet 1, Site Plan; (2) Sheet 2,
First and Second Floor Plan; (3) Sheet 3, Right Side, Rear and Front Elevation
Drawings; (4) Sheet 4, Left Side Elevation Drawing; (5) Sheet 5, Building Section
Drawings; and (6) Sheet 6, Landscape Plan. In addition, the application request
included a mounted Color Elevation Drawing and a MaterialslColor Board; all dated
received by the City of Encinitas on July 28, 1998.
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WHEREAS, the Planning Commission made the following findings pursuant to Chapters
23.08 and 30.80 of the Encinitas Municipal Code:
(SEE ATTACHMENT "A")
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Encinitas hereby approves application 98-204 DR/CDP subject to the following conditions:
(SEE ATTACHMENT "B")
BE IT FURTHER RESOLVED that the Planning Commission, in its independent
judgment, finds that this project is categorically exempt from environmental review pursuant to
Section 15303(b) of the California Environmental Quality Act (CEQA) Guidelines since the
proposed duplex structure is located within an "urbanized area" on property where all utilities are
available to the site.
PASSED AND ADOPTED this 6th day of October 1998, by the following vote, to wit:
AYES: Wells, J aco bson, Patton, Bagg, Grossman
NAYS: None
ABSENT: None
ABSTAIN: None
Alice Jacobson, C
Encinitas Planni
ATTEST:
~A) ;f ~
Sandra L. Holder
Secretary
NOTE: This action is subject to Chapter 1.04 of the Municipal Code which specifies time limits for
legal challenges.
cd/cro/f:98-204 (10-6-98) 4
A TT ACHMENT "A"
Resolution No. PC 98-62
Case No. 98-204 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 application request proposes the construction of a two-story, approximately 4,200
square foot Duplex structure on a 5,000 square foot parcel. Duplex structures are permitted by
right within the Residential-15 (R-15) Zoning District (M.C. Sec. 30.09) with an approved
Design Review Permit. The project site is not located within a Specific Plan area.
Discussion: The project complies with the development standards for the R-15 Zoning
District and applicable General Plan Policies related to development of property located in the
R-15 Zone including the standard height envelope, setback requirements, lot coverage, and
required parking standards. The design of the structure and its proposed building materials
are compatible with the existing residential structures located within the surrounding area.
Conclusion: Therefore, the Planning Commission finds that the project design is consistent
with the General Plan and the Municipal Code development standards for the R -15 Zone.
b. The project design is substantially inconsistent with the Design Review Guidelines.
Facts: The Design Review Guidelines are set forth in Chapter 23.08 of the Municipal Code
and relate to Site Design, Building Design, Landscape Design, and Privacy and Security.
Discussion: Exterior building materials for the Duplex structure include off-white stucco
exterior walls with light tan accent treatments to the entry doors, garage doors, rafter tails and
wood beams. A dark brown accent will be used around windows. The structure is proposed
to measure 26 feet to the top of the ridgeline of the pitched roof which complies with the
standard height envelope for the R -15 Zone. Landscaping will be provided within front and
rear yard setback areas. Security for the units will be provided by the installation of normal
security devices for each unit.
Conclusion: Therefore, the Planning Commission finds that the proposed project is in
substantial conformance with the Design Review Guidelines established by Chapter 23.08 of
the Municipal Code.
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c. The project would adversely affect the health, safety, or general welfare of the community.
Facts: The project is categorically exempt from environmental review pursuant to Section
15303(b) of the California Environmental Quality Act (CEQA) Guidelines since the proposed
Duplex structure is located within an "urbanized area" and all public utilities are available to
the site.
Discussion: No evidence has been submitted during the planning review process to indicate
the project would adversely affect the health, safety, or general welfare of the community.
Conclusion: Therefore, the Planning Commission finds that the design of the proposed
Duplex structure and associated improvements will 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 is compatible with surrounding residential development in the
neighborhood and complies with development standards for the R -15 Zoning District.
Discussion: The proposed structure utilizes similar building materials which currently exist
within the immediate neighborhood. The architectural design of the proposed structure is
consistent with architectural designs on adjacent properties within the neighborhood.
Conclusion: Therefore, the Planning Commission finds that the project shows high
sensitivity to neighboring properties to ensure compatibility with land uses and community
character and the project will not tend to cause the surrounding neighborhood to depreciate
materially in appearance or value.
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FINDINGS FOR A COASTAL DEVELOPMENT PERMIT
ST ANDARD: 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 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. of the Coastal
Act.
Facts: The applicant requests approval of a Design Review Permit and a Coastal
Development Permit to construct a two-story, approximately 4,200 square foot Duplex
structure.
Discussion: The required findings for approving a Coastal Development Permit are found in
Section 30.80.090 of the Municipal Code. Related to Finding No.1, the project is in
conformance with the provisions of the Local Coastal Plan which includes the General Plan
and appropriate chapters of the Municipal Code. Related to Finding No.2, the project is
categorically exempt from environmental review pursuant to Section 15303(b) of the
California Environmental Quality Act (CEQA) Guidelines since the property is located
within an "urbanized area" and all utilities are available to the site. Related to Finding No.3,
the subject property is located on the east side of Third Street and no public access to coastal
resources is feasible through the site. Therefore, no condition requiring public access is
imposed on the project.
Conclusion: Therefore, the Planning Commission finds that the project is consistent with the
certified Local Coastal Program of the City of Encinitas, that required finding No.2 is not
applicable since no significant adverse impact is associated with the project, and that the
providing of public access or recreational facilities is not feasible or appropriate for a project
at this specific location.
cd/cro/f:98-204 (10-6-98) 7
ATTACHMENT "B"
Resolution No. PC 98-62
Project No.: 98-204DR/CDP
Applicant: Bradford & Jackie Bowman 1 Dennis & Sandra Lee
Location: 135 & 137 Third 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 and project plans dated
received by the City on July 28, 1998, consisting of six sheets, including: (1) Sheet 1, Site
Plan; (2) Sheet 2, First and Second Floor Plan; (3) Sheet 3, Right Side, Rear and Front
Elevation Drawings; (4) Sheet 4, Left Side Elevation Drawing; (5) Sheet 5, Building Section
Drawings; and (6) Sheet 6, Landscape Plan. In addition, the application request included a
mounted Color Elevation Drawing and a MaterialslColor Board. All of the above listed
exhibits designated as approved by the Planning Commission on October 6, 1998, and shall
not be altered without express authorization by the Community Development Department.
SCA Roofing material shall be of a Class "A" type material to the satisfaction of the City Fire
Marshal. The concrete tiles shall be of an integral color.
SCB The building permit plans shall show the correct square footage for Unit 2 as 1,610 square
feet as opposed to the 1,696 square feet shown on the Design Review Permit plans.
G1 STANDARD CONDITIONS:
CONTACT THE COMMUNITY DEVELOPMENT DEP ARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
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.
G4 Prior to building permit issuance, the applicant shall cause a covenant regarding real property
to be recorded. Said covenant shall set forth the terms and conditions of this grant of
approval and shall be of a form and content satisfactory to the Community Development
Department.
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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.
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).
DRI 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.
Bl BUILDING CONDITION:
CONTACT THE ENCINIT AS BUILDING DIVISION REGARDING COMPLIANCE WITH
THE FOLLOWING CONDITION:
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 disable 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.
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Fl FIRE CONDITIONS:
CONTACT THE ENCINIT AS FIRE DEPARTMENT REGARDING COMPLIANCE WITH
THE FOLLOWING CONDITIONS:
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.
F15A AUTOMATIC FIRE SPRINKLER SYSTEM - SINGLE-FAMILY DWELLINGS AND
DUPLEXES: Structures shall be protected by an automatic fire sprinkler system installed
to the satisfaction of the Fire Department. Plans for the automatic fire sprinkler system
shall be approved by the Fire Department prior to issuance of building permits.
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