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2002-16 RESOLUTION NO. PC 2002-16 A RESOLUTION OF THE CITY OF ENCINIT AS PLANNING COMMISSION APPROVING A DESIGN REVIEW PERMIT AND COASTAL DEVELOPMENT PERMIT FOR THE PROPOSED REMODEL AND SECOND STORY ADDITION TO ONE UNIT OF AN EXISTING TWIN HOME STRUCTURE ON SEPARATE LEGAL LOTS IN ACCORDANCE WITH THE RESIDENTIAL (R-ll) ZONING DISTRICT OF THE CARDIFF BY THE SEA COMMUNITY AREA OF THE CITY OF ENCINITAS, FOR THE PROPERTY LOGATED AT 2227 MONTGOMERY AVENUE (CASE NO. 01-226 DR/CDP; APN: 261-073-56) WHEREAS, a request for consideration of a Design Review Pennit and Coastal Development Permit was filed by the Landgraf s, to allow the remodel and second story addition to one unit of an existing twin home structure on separate existing legal lots in accordance with Chapters 23.08 (Design Review) and 30.80 (Coastal Development Pennit) of the Encinitas Municipal Code, for the property located in the Residential (R-ll) Zoning District, legally described as: THAT PORTION OF LOTS 40, 41 AND A PORTION OF LOT 42 OF CARDIFF, IN THE CITY OF ENCINIT AS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1298, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 14, 1910, AS DESCRIBED ON DOCUMENT #2000-0463303 AS RECORDED ON AUGUST 29, 2000. WHEREAS, the Planning Commission conducted a noticed public hearing on the application on May 9, 2002, at which time all those desiring to be heard were heard; and WHEREAS, the Planning Commission considered, without limitation: 1. The May 9, 2002, 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. Material & Color Schedule Board Exhibit and Colored Renderings/Elevations (1 sheet) dated received by the City on October 2, 2001, Montgomery Avenue Streetscape & Site/Line of View Plan (1 sheet) and Surrounding Area Site Plan (1 sheet), both dated received by the City of Encinitas on March 13, 2002, and written evidence submitted at the hearing; 1 CD:MRH:G/Resos/RPCOI226DRCDP 05/09/02 5. Project drawings consisting of six (6) sheets, including Site Plan, First Floor Plan, Second Floor Plan, Roof Plan, West and South Elevations, and East and North Elevations with East- Section/Elevation, all dated received by the City of Encinitas on April 24, 2002, and Landscape Plan, consisting of one (1) sheet dated received by the City of Encinitas on April 17, 2002. WHEREAS, the Planning Commission made the following findings pursuant to Chapters 23.08 (Design Review) and 30.80 (Coastal Development Permit) 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 #01-226 DR/CDP subject to the following conditions: (SEE ATTACHMENT liB") 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 15301(e)(2) of the California Environmental Quality Act (CEQA) Guidelines which categorically exempts additions to existing structures provided that the addition will not result in an increase of more than 10,000 square feet if the project is in an area where all public services and facilities are available to allow for maximum development pennissible in the General Plan and the area in which the project is located is not environmentally sensitive. The project consists of a remodel and 1,398 square foot addition to the northerly residence of an existing residential twin home structure on an existing fully developed lot. Additionally, this project bears no relationship to the MHCP/NCCP programs as no sensitive habitat or species are present on the landscaped project site. 2 CD:MRH:G/Resos/RPCOI226DRCDP 05/09/02 PASSED AND ADOPTED this 9th day of May, 2002, by the following vote, to wit: AYES: Commissioners Birnbaum, Chappo, Ehlers. NAYS: Commissioners Bagg, Crosthwaite. ABSENT: None. ABSTAIN: None. am Birnbaum, Chair of the Encinitas Planning Commission ATTEST: NOTE: This action is subject to Chapter 1.04 of the Municipal Code, which specifies time limits for legal challenges. 3 CD:MRH:G/Resos/RPCOI226DRCDP 05/09/02 ATTACHMENT "A" Resolution No. PC 2002-16 Case No. 01-226 DR/CDP FINDINGS FOR DESIGN REVIEW STANDARD: Section 23.08.072 ofthe 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 project is located within the Residential (R-ll) Zoning District of the City of Encinitas. The Design Review Pennit is requested for the proposed remodel and second story addition to one unit of an existing twin home structure with a zero lot line. The existing northern unit consists of a 1,059 square foot single-story dwelling and the remodel/addition to this unit will result in a 2,457 square foot two-story dwelling with an attached 338 square foot storage and carport area accessed off the improved alley right-of- way. The project does not lie within the boundaries of a Specific Plan Area. Discussion: Based on review of the project drawings, the remodel and addition modification as proposed confonns with the development standards of the R-ll zone of the Municipal Code. The project confonns with the pennitted maximum Lot Coverage and FAR standards for the R -11 zone as well as setback, height, parking, and landscaping standards. Conclusion: The Planning Commission finds that the project design is consistent with the General Plan and the provisions of the Municipal Code. b. The project design is substantially inconsistent with the Design Review Guidelines. Facts: The twin home remodel and addition design proposes light gray (Dunn Edwards #3005- Boulder Gray) horizontal wood siding exteriors, white painted wood trim, and off- white stucco (Expo- Crystal White) fireplace exteriors and first floor fire rated wall at the kitchen exterior. Exterior shingle siding will be light gray to match the horizontal siding and the roof is proposed as dark gray/black asphalt shingles (CertainTeed Presidential TL). Site retaining walls will be gray split-faced c.M.U and windows and doors are proposed as wood painted white. Discussion: The project substantially confonns to site, building, landscape and privacy design standards by incorporating varying horizontal and vertical articulation elements as well as eaves, porches and architectural projections. The existing and proposed plantings detailed on the Landscape Plan offer enough species for diversity, while at the same time, it is limited in primary plant materials to provide unity and thematic identity to the site. 4 CD:MRH:G/Resos/RPCOI226DRCDP 05/09/02 Conclusion: The Planning Commission finds that the project design is substantially consistent with the Design Review Guidelines. 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 15301(e)(2) of the California Environmental Quality Act (CEQA) Guidelines which categorically exempts additions to existing structures provided that the addition will not result in an increase of more than 10,000 square feet if the project is in an area where all public services and facilities are available to allow for maximum development permissible in the General Plan and the area in which the project is located is not environmentally sensitive. The project consists of a remodel and 1,398 square foot addition to the northerly residence of an existing residential twin home structure on an existing fully developed lot. Discussion: No aspect of the use has been identified which would have any significant adverse effect on the health, safety, or general welfare of the community. Conclusion: The Planning Commission finds that the project 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. Discussion: No evidence has been submitted which shows that the proposed development will cause material depreciation to the appearance or value of the surrounding neighborhood. The proposed twin home remodel and addition project is similar in design and intensity to surrounding, existing residential uses in the general area. Conclusion: The Planning Commission finds that the project will not cause the surrounding neighborhood to depreciate materially in appearance or value. 5 CD:MRH:G/Resos/RPCOI226DRCDP 05/09/02 FINDINGS FOR A COASTAL DEVELOPMENT PERMIT STANDARD: Section 30.80.090 of the Municipal Code provides that the authorized agency must make the following fmdings 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 confonns 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 confonnity with the public access and public recreation policies of Section 30200 et. seq. of the Coastal Act. Facts: The proposed project site lies within the Coastal Zone of the City of Encinitas and requires the issuance of a regular Coastal Development Permit. This twin home remodel and addition project is categorically exempt from environmental review pursuant to Section 15301(e)(2) of the California Environmental Quality Act (CEQA) Guidelines which categorically exempts additions to existing structures provided that the addition will not result in an increase of more than 10,000 square feet if the project is in an area where all public services and facilities are available to allow for maximum development pennissible in the General Plan and the area in which the project is located is not environmentally sensitive. The project consists of a remodel and 1,398 square foot addition to the northerly residence of an existing residential twin home structure on an existing fully developed lot. Adherence to the development standards of all applicable chapters of the City's Municipal Code and the goals and policies of the Encinitas General Plan will implement Coastal Zone standards. The project will not cause significant negative impacts to the surrounding area and will not adversely impact public coastal access. Discussion: With approval of the Design Review Pennit the remodel and addition project confonns to the Encinitas Municipal Code. No evidence is found to show that the use will be located, installed or operated in a manner that will have an unnecessarily adverse effect on the use and enjoyment of any property on which an occupied dwelling is located, or may be located through the duration of such authorized use. The site is located on Montgomery Avenue which is not between the sea or other body of water and the nearest public road. Therefore, Finding No.3 is not applicable to the subject project. Conclusion: The Planning Commission finds that 1) the project is consistent with the certified Local Coastal program of the City of Encinitas; 2) no mitigation measures will be implemented or required with the project since no significant adverse impacts have been identified that the activity may have on the environment; 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. 6 CD:MRH:G/Resos/RPCO 1226DRCD P 05/09/02 Applicant: Location: ATTACHMENT "B" Resolution No. PC 2002-16 Case No. 01-226 DR/CDP CONDITIONS OF APPROVAL Landgraf 2227 Montgomery Avenue (APN 261-073-56) SCI SPECIFIC CONDITIONS: SC2 SC5 This approval will expire on May 9, 2004 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 and project drawings dated received by the City on April 24, 2002, consisting of six (6) sheets including Site Plan, First Floor Plan, Second Floor Plan, Roof Plan, West and South Elevations, and East and North Elevations with East- SectionÆlevation; Material & Color Schedule Board Exhibit and Colored RenderingsÆlevations (1 sheet) dated received by the City on October 2, 2001, and Landscape Plan, consisting of one (1) sheet dated received by the City of Encinitas on April 17, 2002, all designated as approved by the Planning Commission on May 9, 2002, and shall not be altered without express authorization by the Community Development Department. SCA A public construction pennit shall be obtained from the Engineering Department if any work is proposed in the public right-of-way. SCB SCC A building site plan depicting the precise on-site grading shall be submitted to, and approved by, the City Engineer prior to issuance of the building pennit. Best Management Practice shall be utilized for stonn water pollution control to satisfaction of the City Engineer. The surface run off shall be directed over grass and landscaped areas prior to collection and discharge onto the street and/or public stonn drain system. SCD The property owner shall install a new separate sewer lateral to serve the northern unit of the twin home structure to the satisfaction of the City's Engineering Services Department. SCE The owner has agreed to the following design modifications: 1.) Exposed rafter tail sizes shall be 2" by 8" minimum dimension; 2.) The garage door shall be a wood sectional, raised panel design with automatic opening device; 3.) Roof asphalt shingles shall be CertainTeed 7 CD:MRH:G/Resos/RPCOI226DRCDP 05/09/02 SCF Gl Tri-Laminate Presidential TL; 4.) Turret roof material to match main roof material; 5.) All visible portions of retaining walls shall be gray split faced CMU; 6.) First and Second floor porch and patio railing posts shall be 4" by 4" minimum, pickets shall be 2" by 2" minimum, and top rail shall be 2" by 8" minimum; 7.) The beam ends at the first floor entry porch overhang detail shall have a 4" by 12" lower beam, 4" by 10" upper beams, and 4" by 4" diagonal beams and vertical post; 8.) Door and window trim sizes shall be 2" by 4". The deletion, on the plan sets submitted for building permit application, of the second floor patio cover overhang shown on the West Elevation would be considered to be in substantial confonnance with the project design approved by the Planning Commission in order to facilitate any attempt to minimize potential view impact negotiated with the attached neighbor to the south. STANDARD CONDITIONS: CONTACT THE COMMUNITY DEVELOPMENT DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S): G2 G4 G5 G7 GlO G12 G13 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. Prior to building pennit issuance, the applicant shall cause a covenant regarding real property to be recorded. Said covenant shall set forth the tenus and conditions of this grant of approval and shall be of a fonD and content satisfactory to the Community Development Director. 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 Pennit issuance unless specifically waived herein. 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 primary 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 pennits. 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: Pennit and Plan Checking Fees, Water and Sewer Service Fees, School 8 CD:MRH:G/Resos/RPCOI226DRCDP 05/09/02 Ll L2 L3 DRI DR2 DR3 9 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. 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 values and otherwise adversely affect adjacent properties. All irrigation lines shall be installed and maintained underground (except drip irrigation systems). All parking areas and driveways shall confonn with Chapter 30.54 of the Municipal Code and the City's Offstreet Parking and Design Manual incorporated by reference therein. Any future modifications to the approved project will be reviewed relative to the findings for substantial confonnance 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 pennit 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 project grading shall confonn 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 pennits. CD:MRH:G/Resos/RPCOI226DRCDP 05/09/02 BUILDING CONDITION(S): CONTACT THE ENCINITAS BUILDING DIVISION REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S): Bl B2R 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 Unifonn Building Code with California Amendments, the California Mechanical, Electrical and Plumbing Codes). These comments are preliminary only. A comprehensive plancheck will be completed prior to pennit issuance and additional technical code requirements may be identified and changes to the originally submitted plans may be required. FIRE CONDITIONS: CONTACT THE ENCINITAS FIRE DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S): Fl 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 confonn 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 pennits. F18 CLASS "A" ROOF: All structures shall be provided with a Class "A" roof assembly to the satisfaction of the Encinitas Fire Department. 10 CD:MRH:G/Resos/RPCOI226DRCDP 05/09/02