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2019-12RESOLUTION NO. PC 2019 -12 A RESOLUTION OF THE CITY OF ENCINITAS PLANNING COMMISSION APPROVING A DESIGN REVIEW PERMIT AND COASTAL DEVELOPMENT PERMIT FOR THE RENOVATION WITH A NEW SECOND FLOOR ADDITION TO AN EXISTING DUPLEX AND A TEMPORARY CONSTRUCTION TRAILER FOR THE PROPERTY LOCATED AT 404 AND 406 FOURTH STREET (CASE NO. 18 -169 CDP; APN 258 - 074 -01) WHEREAS, Donna Miano submitted an application for the renovation of an existing duplex with a new second floor addition and a temporary construction trailer located at 404 and 406 Fourth Street, legally described as: Lot 1 in Block 42, in the City of Encinitas, County of San Diego, State of California, according to Map thereof No. 18, filed in the Office of the County Recorder of San Diego County, June 12, 1883. WHEREAS, the Planning Commission conducted a duly noticed public hearing on February 7, 2019 and April 4, 2019. NOW, THEREFORE, BE IT RESOLVED that the Encinitas Planning Commission hereby APPROVES Case No. 18 -169 DR /CDP based on the following Environmental Determination and Findings: Section 1. California Environmental Quality Act Determination This project is a remodel and addition to an existing duplex. The project is exempt from environmental review pursuant to Section 15301(e)(2) of the CEQA Guidelines. This exemption applies when: 1) the project involves an addition to an existing structure and the addition will not result in an increase of more than 10,000 square feet, 2) the project is in an area where all public services and facilities are available to allow for the maximum development permissible in the General Plan, and 3) the area in which the project is located is not environmentally sensitive. The proposed addition totals 1,281.5 square feet, which is below the 10,000 - square foot threshold for this exemption. The project site has been previously developed and public services and utilities currently serve the site, and the subject property is not located in an environmentally sensitive area. Therefore, the project qualifies for this CEQA exemption. In addition, the project does not qualify as one of the exceptions prescribed under Section 15300.2 of the CEQA Guidelines and no historic resources are affected by the proposed project. Section 2. Discretionary Action(s) Findings Based on the findings for a Design Review Permit as per Encinitas Municipal Code Section 23.08.080 (Design Review) and the aforementioned analysis, the Planning Commission has made the following findings to support the approval, with conditions: Page 1 of 9 Finding for Design Review Explanation of Finding a. The project design is inconsistent with the The project is consistent with the General Plan General Plan, a Specific Plan or the Specific Plan and Municipal Code. The provisions of this Code. community character is maintained while allowing creativity in architectural design and site improvements. All development standards of the D -R15 Zone have been met with the exception to the existing features of the duplex that are legal nonconforming and would be maintained with this application b. The project design is substantially The project is consistent with the Downtown inconsistent with the Design Review Encinitas Specific Plan Design Guidelines. recommendations as it relates to the building design, reduction of bulk and scale, colors and materials, architectural character and detailing. The design includes a contemporary beach modern architectural theme and color scheme with high - quality building materials and enhanced wall materials that all contribute to the high - quality project design. c. The project would adversely affect the The project is conditioned to ensure that the health, safety, or general welfare of the public health, safety and welfare of the community. community are maintained. The conditions of approval will ensure that the project is constructed in accordance with local zoning codes and building codes, and that the project complies with the Downtown Encinitas Specific Plan and Encinitas Municipal Code. Compliance with the building code, Downtown Encinitas Specific Plan and Encinitas Municipal Code will ensure that the project will not adversely affect the health, safety and welfare of the community. d. The project would tend to cause the The project will not cause the surrounding surrounding neighborhood to depreciate neighborhood to depreciate materially in materially in appearance or value. appearance or value. The project will renovate an aging duplex, thereby the project will reinvest in an aging residential property. The duplex will be in scale with the surrounding development. The duplex will result in an updated more contemporary residential use, enhancing the appearance and value of the surrounding neighborhood. Page 2 of 9 Based on the findings for a Coastal Development Permit per Encinitas Municipal Code Section 30.80.090 and the aforementioned analysis, Planning Commission has made the following findings to support the approval, with conditions: Finding for a Coastal Development Permit 1. The project is consistent with the certified Local Coastal Program of the City of Encinitas. 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. 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 conformity with the public access and public recreation policies of Section 30200 et. seq. of the Coastal Act. Explanation of Finding The project complies with all applicable requirements and policies of the General Plan. The project, as conditioned, also complies with all applicable Downtown Encinitas Specific Plan and Municipal Code standards and the Design Review findings can be made. Therefore, the proposed project is consistent with the Local Coastal Program for the City of Encinitas. Previously developed properties surround the project site. There are no environmental issues associated with the project. The project will not have a harmful effect on environmental quality or natural resources. The project qualifies for the CEQA exemption pursuant to Section 15301(e)(2). In addition, the project does not qualify as one of the exceptions prescribed under Section 15300.2 of the CEQA Guidelines, and no historic resources are affected by the proposed project. No mitigation measures or feasible alternatives are required to lessen any significant adverse impacts on the environment. No significant adverse impacts will occur. This finding is not applicable because the property is not located between the sea and the nearest public road. The above environmental determination and findings are supported by the minutes, maps, and exhibits, all of which are herein incorporated by reference. BE IT FURTHER RESOLVED that based on the Environmental Determination and Findings hereinbefore adopted by the Planning Commission, Case No. 18 -169 DRICDP is hereby subject to the conditions in Exhibit A. Page 3 of 9 PASSED AND ADOPTED this 4th day of April, 2019, by the following vote, to wit: AYES: NOES: ABSTAIN: ABSENT: Ql ,-1 Michael Glenn O'Grady, Qfiair WI! NOTE: Th action is subject to Chapter 1.04 of the Municipal Code, which specifies time limits for legaVoKallenges. Page 4 of 9 EXHIBIT "A" RESOLUTION NO. PC 2019 -12 Case No. 18 -169 DR /CDP CONDITIONS OF APPROVAL Applicant: Donna Miano Location: 404 and 406 Fourth Street (APN 258 - 074 -01) SC1 SPECIFIC CONDITIONS: SC2 At any time after two years from the date of this approval, on April 4, 2021, at 5 p.m., or the expiration date of any extension granted in accordance with the Municipal Code, the City may require a noticed public hearing to be scheduled before the authorized agency to determine if there has been demonstrated a good faith intent to proceed in reliance on this approval. If the authorized agency finds that a good faith intent to proceed has not been demonstrated, the application shall be deemed expired as of the above date (or the expiration date of any extension). The determination of the authorized agency may be appealed to the City Council within 15 days of the date of the determination. SC5 This project is conditionally approved as set forth on the application and project drawings stamped received by the City on March 21, 2019, consisting of seven sheets including a Title Sheet/Notes/Site Plan (Sheet Al), Existing /Demolition Floor Plans (A2), Proposed Floor Plans (A3), Proposed Upper Level Floor Plan /Roof Plan /Sections (A4), Elevations (A5 and A6), Elevation Points (One Sheet), and Colored Elevations (Three sheets), all designated as approved by the Planning Commission on April 4, 2019, and shall not be altered without express authorization by the Development Services Department. SCA The following conditions shall be completed and /or fulfilled to the satisfaction of the Development Services Department: 1. A Planning Final Inspection is required prior to final occupancy. 2. To the satisfaction of the Development Services Department, the proposed temporary construction trailer shall be removed upon project completion. 3. Prior to the issuance of the building permit, the applicant shall record a covenant on the property ensuring that the applicant or any successors in interest to the property will maintain the basement area as such. The basement shall not be enlarged or altered in any way without prior City approval. 4. The three existing, open parking spaces (single and tandem) shall be maintained so as to be fully usable and shall be permanently available for the parking of owner /tenant vehicles at all times, and may not be rented or conveyed separately from the appurtenant dwelling units. Page 5 of 9 SCC The following conditions shall be completed to the specification of the San Dieguito Water District (SDWD): 1. The subject property is currently being served by a one -inch water meter. If fire sprinklers are required, the owner /applicant shall upgrade the meter and/or water service at owner's expense. 2. The developer shall install the water system according to SDWD standards. 3. Water meters shall be located in front of the parcel they are serving and outside of any existing or proposed travel way. Appurtenances shall not be placed in roadside ditches. Cost of relocation shall be the responsibility of the developer. 4. The developer shall show all existing and proposed water facilities on improvement and/or grading plans for SDWD approval. 5. The developer shall comply with SDWD fees, charges, rules and regulations. G1 STANDARD CONDITIONS: CONTACT THE DEVELOPMENT SERVICES 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. G3 This project is located within the Coastal Appeal Zone and may be appealed to the California Coastal Commission pursuant to Coastal Act Section 30603 and Chapter 30.04 of the City of Encinitas Municipal Code. An appeal of the Planning Commission's decision must be filed with the Coastal Commission within 10 working days following the Coastal Commission's receipt of the Notice of Final Action. Applicants will be notified by the Coastal Commission as to the date the Commission's appeal period will conclude. Appeals must be in writing to the Coastal Commission, San Diego Coast District office. G4 Prior to building permit issuance, the owner 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 Development Services Director. G5 The Owner(s) shall waive any claims of liability against the City and indemnify, hold harmless and defend the City and City's employees regarding any component of the City's approval, by executing an indemnity agreement in substantially the form as provided by the Development Services Department prior to building permit issuance and the Development Services Director, or designee, is hereby authorized to execute the same. G6 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. Page 6 of 9 G8 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. The height certification /survey shall be supplemented with a reduced (8 1/2 inches x 11 inches) copy of the site plan and elevations depicting the exact point(s) of certification. The engineer /surveyor shall contact the Development Services Department to identify and finalize the exact point(s) to be certified prior to conducting the survey. G11 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 Development Services Department prior to the issuance of building and /or grading permits. G12 All roof- mounted equipment and appurtenances, including air conditioners and their associated vents, conduits and other mechanical and electrical equipment, shall be architecturally integrated, and shall be shielded from view and sound buffered to the satisfaction of the Development Services Department. Note: All rooftop equipment shall be assumed visible unless demonstrated otherwise to the satisfaction of the Development Services Department, and adequate structural support shall be incorporated into building design. Rooftop vent pipes shall be combined below the roof, and shall utilize decorative caps where visible from any point. Ground - mounted mechanical and electrical equipment shall also be screened through use of a wall, fence, landscaping, berm, or combination thereof to the satisfaction of the Development Services Department. All exterior accessory structures shall be designed to be compatible with the primary building's exterior to the satisfaction of the Development Services Department. G13 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 Development Services Department. G14 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 on this permit to the satisfaction of the Development Services Departments. The applicant is advised to contact the Development Services Department regarding Park Mitigation Fees, 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. G22 All utility connections shall be designed to coordinate with the architectural elements of the site so as not to be exposed except where necessary. Locations of pad mounted transformers, meter boxes, and other utility related items shall be included in the site plan submitted with the building permit application with an appropriate screening treatment. Transformers, terminal boxes, meter cabinets, pedestals, ducts and other facilities may be placed above ground provided they are screened with landscaping. Page 7 of 9 DESIGN REVIEW DR1 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 of an amendment to the design review permit and approval by the authorized agency. DR2 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 Development Services Department prior to the issuance of building permits. DR3 All project 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. 131 BUILDING CONDITION(S): CONTACT THE DEVELOPMENT SERVICES DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S): B2R The applicant shall submit a complete set of construction plans 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 plan(s), 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 CONDITION(S): CONTACT THE FIRE DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S): F10 OBSTRUCTION OF ROADWAYS DURING CONSTRUCTION: All roadways shall be a minimum of 24 feet in width during construction and maintained free and clear, including the parking of vehicles, in accordance with the California Fire Code and the Encinitas Fire Department. F13 ADDRESS NUMBERS: Approved numbers and /or addresses shall be placed on all new and existing buildings and at appropriate additional locations as to be plainly visible and legible from the street or roadway fronting the property from either direction of approach. Said numbers shall contrast with their background, and shall meet the following minimum standards as to size: four inches high with a half (' /z)- inch stroke Page B of 9 width for residential buildings, eight inches high with a half (1 /z)-inch stroke for commercial and multi - family residential buildings, 12 inches high with a one -inch stroke for industrial buildings. Additional numbers shall be required where deemed necessary by the Fire Marshal, such as rear access doors, building corners, and entrances to commercial centers. F1 5A AUTOMATIC FIRE SPRINKLER SYSTEM -ONE AND TWO FAMILY DWELLINGS: 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 installation. F18 CLASS "A" ROOF: All structures shall be provided with a Class "A" Roof covering to the satisfaction of the Encinitas Fire Department. E1 ENGINEERING CONDITIONS): CONTACT THE DEVELOPMENT SERVICES DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS): E2 All City Codes, regulations, and policies in effect at the time of building /grading permit issuance shall apply. E3 All drawings submitted for Engineering permits are required to reference the NAVD 88 datum; the NGVD 29 datum will not be accepted. EG1 Grading Conditions EG14 A grading permit shall be obtained for this project unless the proposed grading is exempt under section 23.24.090 of the Municipal Code. If the proposed grading is exempt from permit requirement, the Owner shall provide a precise site plan prior to approval of a building permit. The building site plan shall provide design for drainage improvements, erosion control, storm water pollution control, and on -site pavement. ED1 Drainage Conditions ED2A An erosion control system shall be designed and installed onsite during all construction activity. The system shall prevent discharge of sediment and all other pollutants onto adjacent streets and into the storm drain system. The City of Encinitas Best Management Practice Manual shall be employed to determine appropriate storm water pollution control practices during construction. EU1 Utilities Conditions EU2 The owner shall comply with all the rules, regulations, and design requirements of the respective utility agencies regarding services to the project. EU3 The owner shall be responsible for coordination with S.D.G. & E., AT &T, and other applicable authorities. EU4 All proposed utilities within the project shall be installed underground including existing utilities unless exempt by the Municipal Code. Page 9 of 9