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;
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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.
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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.
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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.
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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.
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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.
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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
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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
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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
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Ll
L2
L3
DRI
DR2
DR3
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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.
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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.
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