2003-25
RESOLUTION NO. PC 2003-25
A RESOLUTION OF THE CITY OF ENCINITAS PLANNING COMMISSION
APPROVING A DESIGN REVIEW PERMIT AND COASTAL DEVELOPMENT
PERMIT FOR A PARTIAL REMODEL AND ADDITION TO AN EXISTING
RESIDENTIAL DUPLEX STRUCTURE ON AN EXISTING LEGAL LOT IN
ACCORDANCE WITH THE RESIDENTIAL (R-11) ZONING DISTRICT OF THE
CARDIFF BY THE SEA COMMUNITY AREA OF THE CITY OF ENCINIT AS, FOR
THE PROPERTY LOCATED AT 1426 & 1428 SUMMIT AVENUE
(CASE NO. 02-216 DRlCDP; APN: 260-620-61)
WHEREAS, a request for consideration of a Design Review Permit and Coastal
Development Permit was filed by Dennis and Jane Herrick to allow a partial remodel and 942
square foot first floor addition to an existing residential duplex structure on an existing 8,750
square foot legal lot located within the Coastal Zone, in accordance with Chapters 23.08 (Design
Review) and 30.80 (Coastal Development Permit) of the Encinitas Municipal Code, for the property
located in the Residential (R -11) Zoning District, legally described as:
PARCEL 1 OF PARCEL MAP NO. 1609, IN THE CITY OF ENCINITAS,
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 ON JUNE 7, 1973, AS FILE NO. 73-155659 OF
OFFICIAL RECORDS
WHEREAS, the Planning Commission conducted a noticed public hearing on the
application on May 1,2003, at which time all those desiring to be heard were heard; and
WHEREAS, the Planning Commission considered, without limitation:
1.
The May 1, 2003, agenda report to the Planning Commission with attachments;
2.
The General Plan, Local Coastal Program, Municipal Code, and associated Land
Use Maps;
3.
Oral and written evidence submitted at the hearing;
4.
Colors/Materials Exhibit and Colored Elevations, all stamped received by the City
on October 23, 2002, and Landscape Plan & Plant List Exhibit, stamped received
by the City of Encinitas on November 12,2002;
5.
Project drawings consisting of ten (10) sheets, including Site/Roof Plan, Existing
Floor Plans/Dimensions, First Floor Plan, Second Floor Plan, Dimension Plans,
East and South Elevations, West and North Elevations, Building Sections (A &
B), Building Sections (C, D, & E), all stamped received by the City of Encinitas
PBD:MRH:G/Resos/RPCO2216DRCDP050103
on January 27,2003, and Stormwater Drainage Area Exhibit, stamped received by
the City of Encinitas on April 15, 2003.
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 02-216 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 15301(e)(1) of the California Environmental Quality Act Guidelines (CEQA), which
exempts additions to existing structures provided that the addition will not result in an increase
of more than 5,000 square feet;
PASSED AND ADOPTED this 1st day of May, 2003, by the following vote, to wit:
AYES:
Commissioners Avis, Bagg, Chapo, Ehlers, and McCabe.
NAYS:
None.
ABSENT:
None.
air of the
ing Commission
ABSTAIN:
None.
ATTEST:
- ~ ~¿.'et c4 C<-V' ~
Patrick Murp y
Secretary
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 2003-25
Case No. 02-216 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 project is located within the Residential (R -11) Zoning District of the City of
Encinitas. The Design Review Permit is requested for the proposed remodel and addition to
an existing two-story residential duplex structure on an existing 8,750 square foot legal lot.
The project does not lie within the boundaries of a Specific Plan Area.
Discussion: Based on review of the project drawings, the remodeled duplex structure with
942 square foot addition conforms with the development standards of the R-11 zone of the
Municipal Code.
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 proposed work includes: 1.) a cosmetic facelift to the existing facades of Unit
#1 and #2, which include new stucco color coat, new rafter tails and fascias, and
replacement windows; 2.) a new entry porch, entry roof, and second story balcony at the
front elevation facing Summit Avenue; 3.) a new 942 square foot ground floor addition to
Unit #1 with a new balcony above; and, 4.) a new second floor balcony on Unit #2. The
two-story duplex remodel and addition is proposed with light green (Expo Stucco #958)
exterior stucco surfaces, "Eldorado" Sawtooth Rustic Ledge stone masonry, and vinyl
clad doors and windows with wood trim painted "Pure White". The new portions of roof
will match the existing asphaltic shingle roofing ("Sentinel Shingle Slate" #750). New
wood trellis features and rain gutters and downspouts will be white and the new rear yard
second story balcony railing will be tempered glass panels.
Discussion: The project substantially conforms to site, building, landscape and privacy
design standards by incorporating varying horizontal and vertical articulation elements as
well as eaves, trellíses, balconies, porches, and other architectural projections. All existing
mature plants and ground covers are to remain because the new rear-yard addition will be
placed in an area currently covered only by lawn. New climbing vines (Climbing Rose and
Royal Purple Trumpet Vine) and one 15-foot initial height lemon tree will be added to the
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PBD:MRH:G/Resos/RPC02216DRCDP050 I 03
site to enhance the existing vegetation. The location of vegetation on the Landscape Plan, as
well as the quantity, size and type of plant species indicated, complies with all applicable
landscape requirements for projects within the R-11 zone.
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 determined to be exempt from environmental review pursuant to
Section 15301(e)(l) of the California Environmental Quality Act Guidelines (CEQA),
which exempts additions to existing structures provided that the addition will not result in
an increase of more than 5,000 square feet.
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.
Facts: A Citizen Participation Plan was submitted by the applicant for a noticed meeting
held on the project site on November 9,2002. No members of the community attended the
November 9 meeting.
Discussion: A letter was received on January 16,2003, from David Shaw, the owner of the
property adjacent to the north of the project site. Mr. Shaw's letter listed issues of concern
related to floor area ratio, off-street parking, fill and structural height, and water drainage. In
response to these issues, the floor area ratio (FAR) for the subject parcel in the Residential
(R-11) Zoning District is 0.6 (standard lot size) and not 0.5 as Mr. Shaw asked.
Additionally, the remodel project provides a total of four off-street parking spaces within an
existing two-car garage and two one-car garages. The existing garages are not being deleted
as referenced in the letter due to project drawing revisions. In regard to the existing
structure sitting on fill dirt, Mr. Shaw was correct. However, the height of the new addition
and new covered patio roof feature is measured from the lower of the most adjacent natural
or finished grade (which includes the applicable fill). As such, the proposed remodel and
addition comply with maximum height regulations. Mr. Shaw also suggested examination
of the site's water drainage. The project drawings have been reviewed by the Engineering
Services Department and conditions of approval related to grading and stormwater runoff
have been included in the attached draft Resolution of Approval.
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 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
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.
3.
Facts: The Coastal Development Permit is requested for the proposed remodel of and
addition to an existing residential duplex structure on an existing 8,750 square foot legal lot
within the Residential (R-11) Zoning District. The proposed work includes: 1.) a cosmetic
facelift to the existing facades of Unit #1 and #2, which include new stucco color coat, new
rafter tails and fascias, and replacement windows; 2.) a new entry porch, entry roof, and
second story balcony at the front elevation facing Summit Avenue; 3.) a new 942 square
foot ground floor addition to Unit #1 with a new balcony above; and, 4.) a new second floor
balcony on Unit #2. The proposed project site lies within the Coastal Zone of the City of
Encinitas and requires the issuance of a regular Coastal Development Permit. The project is
determined to be exempt from environmental review pursuant to Section 15301(e)(l) of
the California Environmental Quality Act Guidelines (CEQA), which exempts additions
to existing structures provided that the addition will not result in an increase of more than
5,000 square feet. 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: The Municipal Code expressly allows for multi-family residential duplexes
within the R-II zone. With approval of the Design Review Permit and Coastal
Development Permit, the project conforms 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 subject site is located on fully disturbed property consisting of
landscaping and an existing residential duplex structure. The site is located adjacent to
the Summit Avenue right-of-way, which is not between the sea or other body of water
and the nearest public road.
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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 2003-25
Case No. 02-216 DR/CDP
CONDITIONS OF APPROVAL
Herrick
1426 & 1428 Summit Avenue (APN 260-620-61)
SC1
SPECIFIC CONDITIONS:
SC2
SC5
This approval will expire on May 1, 2005 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, ColorslMaterials
Exhibit and Colored Elevations, all stamped received by the City on October 23, 2002,
Landscape Plan & Plant List Exhibit, stamped received by the City of Encinitas on
November 12,2002, and project drawings consisting often (10) sheets, including Site/Roof
Plan, Existing Floor Plans/Dimensions, First Floor Plan, Second Floor Plan, Dimension
Plans, East and South Elevations, West and North Elevations, Building Sections (A & B),
Building Sections (C, D, & E), all stamped received by the City of Encinitas on January 27,
2003, and Stormwater Drainage Area Exhibit, stamped received by the City of Encinitas on
April 15, 2003, all approved by the Planning Commission on May 1,2003, and shall not be
altered without express authorization by the Planning and Building Department..
SCA Prior to the issuance of a building permit, the applicant shall provide a design for a detention
basin to the satisfaction of the City Engineer in order to receive all flows from the property
before they cross the property lines. Please refer to Standard Condition #ED8 below.
SCB
SCC
7
Any proposed roof drains shall discharge onto a landscape area in accordance with Standard
Condition #ESW9.
The remodeled two-story duplex shall incorporate light green (Expo Stucco #958) exterior
stucco surfaces, "Eldorado" Sawtooth Rustic Ledge stone masonry, and vinyl clad doors and
windows with wood trim painted "Pure White". The new portions of roof shall match the
existing asphaltic shingle roofing ("Sentinel Shingle Slate" #750). New wood trellis
features and rain gutters and downspouts shall be white and the new rear yard second story
balcony railing shall be tempered glass panels.
PBD:MRH:G/Resos/RPC02216DRCDP050 I 03
G1
STANDARD CONDITIONS:
CONTACT THE PLANNING AND BUILDING DEPARTMENT
COMPLIANCE WITH THE FOLLOWING CONDITION(S):
G2
G4
G5
G7
G12
G13
G19
L1
8
REGARDING
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 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 Planning and Building
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 Permit
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.
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 Planning and
Building 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 Planning and Building Department and the
Engineering Services Department. The applicant is advised to contact the Planning and
Building 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 usable 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.
PBD:MRH:GlResos/RPCO2216DRCDPO50 I 03
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).
B1
BUILDING CONDITION(S):
CONTACT THE ENCINITAS BUILDING DIVISION REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITION(S):
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 Uniform
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 permit issuance and additional technical code requirements may be
identified and changes to the originally submitted plans may be required.
F1
FIRE CONDITIONS:
CONTACT THE ENCINITAS FIRE DEPARTMENT REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITION(S):
F13
F15A
F18
9
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 numbers shall
contrast with their background, and shall be no less in height than: Four inches (4") for
single family homes and duplexes; Eight inches (8") for commercial and multi-family
residential buildings; and Twelve inches (12") for industrial buildings.
AUTOMATIC FIRE SPRINKLER SYSTEM - SINGLE-FAMILY DWELLINGS,
DUPLEXES: Structures shall be protected by an automatic fire sprinkler system
designed and 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.
CLASS "A" ROOF: All structures shall be provided with a Class "A" roof assembly to the
satisfaction of the Encinitas Fire Department.
PBD:MRH:G/Resos/RPC02216DRCDPO50 I 03
E1
ENGINEERING CONDITIONS:
CONTACT THE ENGINEERING SERVICES DEPARTMENT
COMPLIANCE WITH THE FOLLOWING CONDITION(S):
REGARDING
E2
All City Codes, regulations, and policies in effect at the time of building/grading permit
issuance shall apply.
EG1
Gradin1! Conditions
EG3
EG4
EG5
EG8
The developer shall obtain a grading permit prior to the commencement of any clearing or
grading of the site.
The grading for this project is defined in Chapter 23.24 of the Encinitas Municipal Code.
Grading shall be performed under the observation of a civil engineer whose responsibility it
shall be to coordinate site inspection and testing to ensure compliance of the work with the
approved grading plan, submit required reports to the Engineering Services Director and
verify compliance with Chapter 23.24 of the Encinitas Municipal Code.
No grading shall occur outside the limits of the project unless a letter of permission is
obtained from the owners of the affected properties.
A soils report shall be prepared by a qualified engineer licensed by the State of California to
perform such work. Such report shall be submitted and approved at first submittal of a
grading plan.
EG lOIn accordance with Section 23.24.370 (A) of the Municipal Code, no grading permit shall be
issued for work occurring between October 1 st of any year and April 15th of the following
year, unless the plans for such work include details of protective measures, including
de silting basins or other temporary drainage or control measures, or both, as may be deemed
necessary by the field inspector to protect the adjoining public and private property from
damage by erosion, flooding, or the deposition of mud or debris which may originate from
the site or result from such grading operations.
ED 1
Draina1!e Conditions
ED2
The developer shall exercise special care during the construction phase of this project to
prevent any offsite siltation. The developer shall provide erosion control measures and shall
construct temporary desiltationldetention basins of type, size and location as approved by
the Engineering Services Director. The basins and erosion control measures shall be shown
and specified on the grading plan and shall be constructed to the satisfaction of the
Engineering Services Director prior to the start of any other grading operations. Prior to the
removal of any basins or facilities so constructed the area served shall be protected by
additional drainage facilities, slope erosion control measures and other methods required or
approved by the Engineering Services Director. The owner shall maintain the temporary
basins and erosion control measures for a period of time satisfactory to the Engineering
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PBD:MRH:G/Resos/RPCO2216DRCDP050 1 03
ED3
ED5
ED6
ED8
Services Director and shall guarantee their maintenance and satisfactory performance
through cash deposit and bonding in amounts and types suitable to the Engineering Services
Director.
A drainage system capable of handling and disposing of all surface water originating within
the project, and all surface waters that may flow onto the project site from adjacent lands,
shall be required. Said drainage system shall include any easements and structures as
required by the Engineering Services Director to properly handle the drainage.
The developer shall pay the current local drainage area fee prior to approval of the building
permit for this project or shall construct drainage systems in conformance with the Master
Drainage Plan and City of Encinitas Standards as required by the Engineering Services
Director.
The owner of the subject property shall execute a hold harmless covenant regarding
drainage across the adjacent property prior to approval of any grading or building permit for
this proj ect.
The drainage system shall be designed to ensure that runoff resulting from a 100-year
frequency storm under developed conditions is equal to or less than the runoff from a storm
of the same frequency and duration under existing conditions. Both 6 hour and 24 hour
storm durations shall be analyzed to determine the detention basin capacities necessary to
accomplish the desired results.
ES1
Street Conditions
ES5
ES7
EU1
Utilities
EU2
EU3
Prior to any work being performed in the public right-of-way, a right-of-way construction
permit shall be obtained from the Engineering Services Director and appropriate fees paid,
in addition to any other permits required.
In accordance with Chapter 23.36 of the Municipal Code, the owner shall execute and
record a covenant with the County Recorder agreeing not to oppose the formation of an
assessment district to fund the undergrounding of utility facility improvements.
The owner shall comply with all the rules, regulations and design requirements of the
respective utility agencies regarding services to the project.
The developer shall be responsible for coordination with S.D.G. & E., SBC/Pacific Bell, and
other applicable authorities.
ESWI Storm Water Pollution Control Conditions
ESW3 Best Management Practice shall be utilized for storm water pollution control to the
satisfaction of the City Engineer. The surface run off shall be directed over grass and
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PBD:MRH:G/Resos/RPCO2216DRCDPO50103
landscaped areas prior to collection and discharge onto the street and/or into the public
storm drain system. If pipes are used for area drainage, inlets shall be located to allow
maximum flow distance over grass and non-erodable landscape areas. A grass lined ditch,
reinforced with erosion control blanket, or a rip-rap lined drainage ditch shall be used
instead of a concrete ditch where feasible. Hardscaped areas and driveways shall be sloped
toward grassy and landscaped areas. Driveways with a grass- or gravel-lined swale in the
middle can be used if the site topography does not allow for the discharge of driveway
runoff over landscaped areas. The Grading Plan shall identify all landscape areas designed
for storm water pollution control (SWPC). A note shall be placed on the plans indicating
that the modification or removal of the SWPC facilities without a permit from the City is
prohibited.
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