2000-02
RESOLUTION NO. PC -2000-02
A RESOLUTION OF THE CITY OF ENCINITAS PLANNING COMMISSION
APPROVING A DESIGN REVIEW PERMIT AND COASTAL DEVELOPMENT
PERMIT FOR THE CONSTRUCTION OF FIVE SINGLE-F AMIL Y
RESIDENCES, FOR THE PROPERTY LOCATED AT 687 HESTIA WAY
(CASE NO. 99-225 DR/CDP; APN: 256-253-06)
WHEREAS, a request for approval of a Design Review Permit and Coastal
Development Permit was filed by Schuss Clark, An Architectural Corp., to allow the
construction of five detached, single-family residences on five separate lots, in accordance
with Chapters 23.08 (Design Review), 30.16 (Residential Zones), and 30.80 (Coastal
Development Permit) of the Encinitas Municipal Code, for the property located in the
Residential (R-8) Zoning District, legally described as:
(SEE ATTACHMENT "A")
WHEREAS, the Planning Commission conducted a noticed public hearing on the
application on January 6,2000, at which time all those desiring to be heard were heard; and
WHEREAS, the Planning Commission considered, without limitation:
1.
The January 6, 2000, agenda report to the Planning Commission with
attachments;
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.
Colored drawings of Plan Elevations and submitted materials/colors board;
6.
Project drawings consisting of fourteen (14) sheets, including Cover Sheet,
Site Plan, Slope Planting Plan, Concept Irrigation Plan, and First and Second
Floor Plans and Exterior Elevations for Plans 1, lREV, 2, 3, and 3REV, all
dated received by the City of Encinitas on September 2, 1999; and
WHEREAS, the Planning Commission made the following findings pursuant to
Chapters 23.08 (Design Review), 30.16 (Residential Zones), and 30.80 (Coastal
Development Permit), of the Encinitas Municipal Code:
(SEE ATTACHMENT "B")
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the
City of Encinitas hereby approves application 99-225 DR/CDP subject to the following
conditions:
(SEE ATTACHMENT "C")
BE IT FURTHER RESOLVED that the Planning Commission, in its independent
judgment, has found that this project has no possibility of resulting in significant adverse
environmental impact and a Negative Declaration was adopted by the Planning Commission
as part of the approved Tentative Map, Variance and Coastal Development Permit
application on September 24, 1998, in accordance with the provisions of the California
Environmental Quality Act (CEQA). The Planning Commission relies on the previously
adopted Negative Declaration and the Environmental Initial Study prepared for the project
in its determination that the proposed application for Design Review and Coastal
Development Permit for the five new residential structures will not cause any significant
environmental impacts.
wit:
PASSED AND ADOPTED this 6th day of January, 2000, by the following vote, to
AYES:
Commissioners Bagg, Birnbaum, Crosthwaite, J aocobson, Patton
NAYS:
None
ABSENT:
None
ABSTAIN:
None
ATTEST:
~/,~
Sandra Holder
Secretary
NOTE: This action is subject to Chapter 1.04 of the Municipal Code, which specifies time
limits for legal challenges.
ATTAC:HM'ENT "A"
That Portion of Lot 41n Block WS8 of South Coast Park Annex, in the City of Encinitas.
County of San Diego, State of California, Iccording to Map thereof No. 1788, filed in the
Office of the County Recorder of San Diego County, March 29, 1924, described as
follows:
Commencing at the point of intersection of the center lines of Bøsil Street and Hygeia
Avenue, IS shown on said Map No. 1788; thence along the said center line of Hygeia
Avenue, North 15 ° 50' West a distance of 223.27 feet (Record 223.46 feet» to its
intersection with the Southwesterly prolongation of t~ Southeasterly line of said Lot 4; .
said point being the Southwesterly comer of that tract of land a. conveyed to P .B. Morrey
and Mary M. Morrey by deed dated December 2, 1927, and recorded in Book 1445, Page
41 of Deeds; thence continuing along said center Ii"., of Hygeia Avenue: being the
Southwesterly line of the said Morrey land, North 15°50' West a distance of 169.72 feet
to the most Westerly corner of the said Morrey lend. said point being the True Point of
Beginning: thence continuing along the said center line of Hygeia Avenue, North 15°50'
West. a distance of 18.0.1 feet. more or less, to an intersection with the Southwesterly
prolongation. of the Northwesterly line of said Lot 4: thence 8Iong said Southwesterly
prolonga~ion and Northwesterly line North 74°10' East a distance of 324.82 feet (Record
324.80 feet).to the most Northerly corner thereof: thence along the Northeasterly line of
said Lot 4 South 22 038' East a distance of 181.38 feet. more or less, to the most 0
Northerly comer of the .aid Morrey land: thence along the Northwesterly line of said
Morrey land, South 74°10' West a distance of 346.30 feet to the True Point of Beginning.
Assessor's Parcel No: 256-2&3-06
ATTACHMENT "B"
Resolution No. PC 2000-02
Case No. 99-225 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 ofthe Municipal Code.
Facts: The applicant requests approval of a Design Review Permit and a Coastal
Development Permit for the construction of five detached, single-family residences
on separate lots within the R-8 Zoning District. The subject application was
reviewed for conformance with the General Plan; the Local Coastal Program; and
Chapters 23.08 (Design Review), 30.16 (Residential Zones), and 30.80 (Coastal
Development Permit) of the Municipal Code. No Specific Plan is applicable.
Discussion: A review of the application has been conducted by the Community
Development Department and by the Planning Commission. All applicable
standards of the Municipal Code and goals of the General Plan have been found to
be satisfied by the subject application and project drawings. The single-family
residential use is allowed by right in the R-8 Zone.
Conclusion: Therefore, the Planning Commission determines that the project as
proposed is consistent with the Municipal Code and General Plan.
b.
The project design is substantially inconsistent with the 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.
Discussion: In regard to project design and layout, the proposed project takes into
account the constraints and opportunities of the site, minimizes the disturbance of
the existing topography while providing adequate usable area for the structures, does
not include excessively graded slopes and retaining structures, blends grading with
the contours of adjacent property, preserves significant public views to the extent
possible, proposes a private access street (Hestia Way) to minimize vehicular
conflict and provide adequate emergency vehicle access, and reflects the natural
topography of the site. In regard to building design, the proposed project
coordinates the elements of exterior building design by varying colors, form and
detailing as well as altering floor plans and building elements. The various buildings
and building elements are in proportion with one another and the Mediterranean and
Craftsman style structures are harmonious and compatible with the adjacent
property. The structures are placed on the respective lots in a similar fashion and
are of a scale consistent with the single-family residences in the surrounding
vicinity. The project's proposed landscaping is consistent with standards for
single-family residences and consistent with adjacent single-family residential
properties. Graded slopes will be treated with groundcover.
Conclusion: Therefore, the Planning Commission finds that the project as proposed
is substantially consistent with the Design Review Guidelines of Chapter 23.08 of
the Municipal Code.
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. This project has no possibility of resulting in significant adverse
environmental impacts and a Negative Declaration was adopted by the Planning
Commission as part of the Tentative Map, Variance and Coastal Development
Permit on September 24, 1998.
Discussion: No evidence of adverse impact or comment was received by staff from
the properly noticed public review and comment period for the proposed project.
Conclusion: Therefore, the Planning Commission fmds 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 five vacant lots and one lot with an existing
single-family residence and detached garage within the Residential (R-8) Zoning
District. The properties are surrounded by developed residential uses to the north,
west and south.
Discussion: The proposed project will develop the site with five new single-family,
detached residences, in a scale consistent with surrounding development. Because
of this residential consistency, the project will not result in adverse effects to
surrounding properties. No evidence of adverse impact or comment was received by
staff from the properly noticed public review and comment period for the proposed
project
Conclusion: Therefore, the Planning Commission fmds that the project would not
cause the surrounding neighborhood to depreciate materially in appearance or value.
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.
F or 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 site is designated as Residential 5.01 - 8.0 du/ac on the Land Use
Designation map of the General Plan and is zoned R-8 on the Zoning Map. The
project proposes the construction of five single-family, detached residential
structures on property within the Coastal Zone. The subject project is not on
property within the Coastal Appeal Zone.
Discussion: The proposed project is in conformance with the development
standards of the Municipal Code, the General Plan and the Local Coastal Program.
The project will not cause significant negative impacts to the surrounding area and
the project will not adversely impact public coastal access. This project has no
possibility of resulting in significant adverse environmental impacts and a Negative
Declaration was adopted by the Planning Commission as part of the Tentative Map,
Variance and Coastal Development Permit approval on September 24, 1998.
Conclusion: The Planning Commission finds that 1) the project is consistent with
the certified Local Coastal Program of the City of Encinitas, 2) required finding No.
2 is not applicable since no significant adverse environmental impact is associated
with the project, and 3) finding No.3 is not applicable to the project since it is not
located between the sea or other body of water and the nearest public road.
Applicant:
Location:
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ATTACHMENT "C"
CONDITIONS OF APPROVAL
Resolution No. PC 2000-02
Case No. 99-225 DR/CDP
Schuss Clark, An Architectural Corp./Howard Schuss.
687 Hestia Way (APN 256-253-06)
SPECIFIC CONDITIONS:
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This approval will expire on January 6, 2002 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.
This project is conditionally approved as set forth on the application, colored
drawings of elevations, materials/colors board, and project drawings dated received
by the City on September 2, 1999, consisting of fourteen (14) sheets including Cover
Sheet, Site Plan, Slope Planting Plan, Concept Irrigation Plan, and First and Second
Floor Plans and Exterior Elevations for Plans 1, 1 REV, 2, 3, and 3REV, all
designated as approved by the Planning Commission on January 6, 2000, and shall
not be altered without express authorization by the Community Development
Department.
SCA All conditions of approval approved and made part of Resolution No. PC-98-55,
approving a Tentative Map, Variance and Coastal Development Permit, shall remain
applicable and made part of the project conditions of approval for this approval of a
Design Review Permit and Coastal Development Permit unless specifically
modified by this Resolution.
SCB
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No permits, including building and grading permits, shall be issued by the City prior
to the issuance and recordation of a Final Map for the City approved Tentative Map
#98-100, approved by the City on September 24, 1998.
If discrepancies occur between various approval elements, the colors materials board
will govern.
STANDARD CONDITIONS:
CONTACT THE COMMUNITY DEVELOPMENT DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITION(S):
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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.
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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.
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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.
All retaining and other freestanding walls, fences, and enclosures shall be
architecturally designed in a manner similar to, and consistent with, the prímary
structures (e.g. stucco-coated masonry, split-face block or slump stone). These items
shall be approved by the Community Development Department prior to the issuance
of building and/or grading permits.
Prior to any use of the project site pursuant to this permit, all conditions of approval
contained herein shall be completed or secured to the satisfaction of the Community
Development Department.
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.
Garages enclosing required parking spaces shall be kept available and useable for
the parking of owner/tenant vehicles at all times.
The project is subject to Chapter 23.26 of the Municipal Code (Water Efficient
Landscape Program), which requires a landscape and irrigation plan to be prepared
by a State licensed landscape designer. The requirements for the plans are listed in
Chapter 23.26. The landscape and irrigation plans must be submitted as part of the
building permit application for the project.
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
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values and otherwise adversely affect adjacent properties. All irrigation lines shall
be installed and maintained underground (except drip irrigation systems).
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.
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.
All proj ect 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.
BUILDING CONDITION(S):
CONTACT THE ENCINITAS BUILDING DIVISION
COMPLIANCE WITH THE FOLLOWING CONDITION(S):
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REGARDING
The applicant shall submit a complete set of construction plans to the Building
Division for plancheck processing. The submittal shall include a Soils/Geotechnical
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). These comments are preliminary only. A comprehensiveplancheck 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.
Fl FIRE CONDITIONS:
CONTACT THE ENCINITAS FIRE DEPARTMENT REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITION(S):
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ACCESS ROADWAY DIMENSIONS: Fire apparatus access roadways shall
have an unobstructed paved width of not less than 24 feet and an unobstructed
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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.
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RESPONSE MAPS: Any development that by virtue of new structures
necessitates fire hydrants, roadways, or similar features, shall be required to
provide a map in a format compatible with current Department mapping services,
and shall be charged a reasonable fee for updating all Fire Department response
maps.
COMBUSTIBLE MATERIALS: Prior to the delivery of combustible materials
on the project site, water and sewer systems shall satisfactorily pass all required
tests and be connected to the public water and sewer systems. In addition, the
first lift of asphalt paving shall be in place to provide a permanent all-weather
surface for emergency vehicles. Said access shall be maintained to the
satisfaction of the Fire Department.
OBSTRUCTIONS (ACCESS ROADWAYS): All traffic lanes shall be a
minimum of 24 feet in width during construction and shall be maintained clear
and free of obstructions during construction in accordance with the Uniform Fire
Code.
FIRE HYDRANTS & FIRE FLOWS: The applicant shall provide fire hydrants
of a type, number, and location satisfactory to the Encinitas Fire Department. A
letter from the water agency serving the area shall be provided that states the
required fire flow is available. Fire hydrants shall be of a bronze type. A two-
sided blue reflective road marker shall be installed on the road surface to indicate
the location of the fire hydrant for approaching fire apparatus.
INSTALL FIRE HYDRANT(S) AS FOLLOWS: ALSO SEE APPROVED
MAP:
Single fire hydrant located on Hygeia Avenue, near the terminus of Hestia
Way at Hygeia Avenue.
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.
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.
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All structures approved as part of this Resolution shall have and maintain Class
"A" roof systems"
POSTING OF ROADWAYS: Emergency access roadways when required shall
be properly identified as per Fire Department standards using signage in lieu of
red-painted curbs, where physically possible.