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1990-019CITY OF ENCINITAS 527 Encinitas Boulevard, Suite 100 Encinitas, California 92024 (619) 944-5050 NOTICE OF DECISION June 8, 1990 This letter is to inform you that the Director of Community Development has approved your application for: 90-106-ADP: Administrative Design Review for the enclosure of an existing carport. Approval subject to following findings and conditions as indicated within the attached resolution DCD 90-019. This approval is based upon the finding that the proposal is in substantial compliance with the City's Design Review Guidelines and Technical Development Standards, and that none of the regulatory conclusions contained in Chapter 23.08 of the City of Encinitas Municipal Code can be made. This approval is valid for two years, to expire on June 8, 1992, unless prior to that time the applicant has obtained a building permit and has performed substantial construction in reliance on this permit. Pursuant to Section 23.08.200 of the City of Encinitas Municipal Code, this decision of the Director may be appealed within fifteen calendar days of the date of this notice. This notice constitutes a decision by the Planning Department only. Building Permits may also be required. This project is exempt from Environmental Review per Section 15301 of CEQA. If you have any questions on this matter, please contact Diane Langager at the Community Development Department at (619) 944-5060. Patrick Murphy Director of Community Development DL/03/PN3-358wp5 (6-7-90) RESOLUTION NO. DCD 90-019 A RESOLUTION OF THE DIRECTOR OF PLANNING AND COMMUNITY DEVELOPMENT OF THE CITY OF ENCINITAS APPROVING DESIGN REVIEW APPLICATION 90-106-ADP FOR PROPERTY LOCATED AT 276 ASPENWOOD LANE WHEREAS, Alan Watt applied for a Design Review Permit for the enclosure of an existing carport at 276 Aspenwood Lane pursuant to Chapter 23.08.040 (Design Review) of the City of Encinitas Municipal Code; WHEREAS, public notice was given to the application by the Director to allow all parties to submit information prior to June 1, 1990, and all persons desiring to be heard were heard; and WHEREAS, evidence was submitted and considered to include without limitation: a. Site plan submitted by the applicant as received by the City of Encinitas on May 9, 1990 dated May 9, 1990. b. Written information submitted with the application; C. Oral and written testimony from staff, applicant, and public made a part of the administrative record considered by the Director. NOW THEREFORE, BE IT RESOLVED by the Director of Planning and Community Development of the City of Encinitas that the Administrative Design Review Permit is hereby approved subject to the following findings: DL/04/CR06-566wp5 1(6-7-90/1) 23.08.072 Regulatory Conclusions - Generally. A. The project design is consistent with the General Plan, a Specific Plan or the provisions of this code. Evidence: The overall development, Village Park Unit No. 1 - condominium No. 2, was approved by the County of San Diego through PDP 70-08. The grant of this approval allows only for the enclosure of an existing carport; no additional square footage is proposed which might conflict with the provisions of PDP 70-08. The project is consistent with the General Plan in that it provides varied design within the development. B. The project design is substantially inconsistent with the Design Review Guidelines. Evidence: The proposed carport enclosure, which includes the addition of one wall with entry door and single garage door, is substantially consistent with the Design Review Guidelines in that the project is using materials and colors to match the existing structure (beige with brown trim) which will blend with the existing unit and maintain compatibility with the adjacent unit. The project will still maintain the residential scale and proportion of the existing development and adjacent unit in that the roof line will not be modified nor will any square footage be added. The enclosure also offers variety in design while still maintaining harmony and continuity of the exterior elevations. C. The project would adversely affect the health, safety or general welfare of the community. Evidence: No negative effects on the health, safety or general welfare of the community have been identified in conjunction with the project. The enclosure of the carport offers a safer environment for the subject residence and community in that valuables can be secured and will not be visible. D. The project would tend to cause the surrounding neighborhood to depreciate materially in appearance or value. Evidence: Since the enclosure is aesthetically pleasing and offers more security than an open carport, there is no evidence to suggest that the proposed project will cause the surrounding neighborhood to depreciate materially in appearance or value. DL/04/CR06-566wp5 2(6-7-90/1) IT IS HEREBY RESOLVED BY THE DIRECTOR THAT the approval of CASE NO.90-106-ADP is hereby approved subject to the following conditions: 1. This approval will expire in two years, on June 8, 1992, at 5:00 p.m. unless the conditions have been met or an extension has been approved by the Authorized Agency. 2. This approval may be appealed to the authorized agency within 15 calendar days from the date of this approval. 3. Approval of this request shall not waive compliance with any sections of the Zoning Development Code and all other applicable City Ordinances in effect at the time of Building Permit issuance unless specifically waived here. 4. The applicant shall comply with the latest adopted Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code, Uniform Fire Code, and all other applicable codes and ordinances in effect at the time of building permit issuance unless specifically waived here. 5. Project is approved as submitted as evidenced by the plot plan and elevations dated May 9, 1990 received by the City of Encinitas on May 9, 1990 and signed by a City Official as approved by the Director of Planning and Community Development on June 8, 1990 and shall not be altered without Planning and Community Development Department review and approval. 6. The applicant shall submit a letter from the Fire District stating that all development impact, plan check and/or cost recovery fees have been paid prior to issuance of a building permit. 7. Plans must be submitted to all responsible agencies and departments for review and permit; including but not limited to: Planning, Building, Engineering and Fire. 8. All colors and materials shall match the existing structure. DL/04/CR06-566wp5 3(6-7-90/1) THIS DECISION was rendered COMMUNITY DEVELOPMENT on June 8, City Council pursuant to Section Municipal Code. by the DIRECTOR OF PLANNING AND 1990 and may be appealed to the 23.08.200 and Chapter 1.12 of the W ~G 'tom Patrick S. Murphy Director of Planning and Community Development DL/04/CR06-566wp5 4(6-7-90/1)