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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: SCI 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: SC2 SC5 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 SCC Gl 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): 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. GI0 G12 G13 G19 Ll L2 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. 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 DRI DR2 DR3 Bl 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): B2R 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): F2 ACCESS ROADWAY DIMENSIONS: Fire apparatus access roadways shall have an unobstructed paved width of not less than 24 feet and an unobstructed F8 FI0 Fll F13 F14 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. F7 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. FA FB 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.