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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. cd/cro/f:98-204 (10-6-98) 3 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. cd/cro/f:98-204 (10-6-98) 5 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. cd/cro/f:98-204 (10-6-98) 6 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. cd/cro/f:98-204 (10-6-98) 8 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. cd/cro/f:98-204 (10-6-98) 9 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. cd/cro/f:98-204 (10-6-98) 10