1989-04
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RESOLUTION NO. NE-89-04
A RESOLUTION OF THE
8 NEW ENCINITAS COMMUNITY ADVISORY BOARD APPROVING A
DESIGN REVIEW PERMIT FOR THE CONSTRUCTION OF
23 SINGLE FAMILY RESIDENCES
LOCATED IN THE 800 BLOCK OF STARFLOWER ROAD
(CASE NO. 89-062-DR)
WHEREAS, a request for consideration of a Design Review
Application was filed by the Dacon corporation to allow the
construction of 23 single family residences, as pursuant to
Chapter 23.08 of the City of Encinitas Municipal/Zoning Codes,
for the property located in the 800 block of Starflower Road,
legally described as:
Lot 1 of section 11, Township 13 South, Range 4 West, San
Bernadino meridian in the County of San Diego, State of
California, according to the official plat thereof.
WHEREAS, public hearings were conducted on the
application, May I, 1989 and June 5, 1989 and all persons
desiring to be heard were heard; and
WHEREAS, evidence was submitted and considered to include
without limitation:
8 1. The staff reports dated April 24, 1989 and May 31,
1989;
2. The General Plan, Local Coastal Program, Zoning Code
and maps;
3. Oral evidence submitted at the hearing;
4. written evidence submitted at the hearing;
5. Documentation and site plans submitted by the
applicant; and
WHEREAS, the New Encinitas Community Advisory Board made
the required findings pursuant to Chapter 23.08 of the
Municipal/Zoning Code (See Attachment "A").
NOW, THEREFORE, BE IT RESOLVED by the New Encinitas
Community Advisory Board of the City of Encinitas that the
Design Review Application is hereby approved subject to the
following conditions:
1. GENERAL CONDITIONS
A. This approval will expire on June 5, 1991, at 5:00
p.m. unless the conditions have been met or an
extension has been approved by the Authorized Agency.
B. This approval may be appealed to the authorized agent
8 within 15 days from the date of this approval.
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CASE NO. 89-062-DR
C. At all times during the effective period of this
8 permit, the applicant shall obtain and maintain in
valid force and effect, each and every license and
permit required by a governmental agency for the
operation of the authorized activity.
D. At no time during the effective period of this permit
shall the applicant be delinquent in the payment of
taxes or other lawful assessments relating to the
property which is the subject of this permit.
E. In the event that any of the conditions of this
permit are not satisfied, the Planning and Community
Development Department shall cause a noticed hearing
to be sent before the authorized agency to determine
why the City of Encinitas should not revoke this
permit.
F. Upon a showing of compelling public necessity
demonstrated at a noticed hearing, the City of
Encinitas, acting through the authorized agency, may
add, amend, or delete conditions and regulations
contained in this permit.
G. Nothing in this permit shall relieve the applicant
from complying with the conditions and regulations
generally imposed upon activities similar in nature
8 to the activity authorized by this permit.
H. Nothing in this permit shall authorize the applicant
to intensify the authorized activity beyond that
which is specifically described in this permit.
1. 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.
J. 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.
K. This approval shall become null and void if building
permits are not issued for this project within two
years from the date of project approval. If the
applicant is not able to obtain building permits due
to a growth management program within the two year
period, this approval may be extended by the
Director of Planning and Community Development to
8 allow for the issuance of building permits.
L. Prior to issuing a final inspection on framing, the
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CASE NO. 89-062-DR
applicant shall provide a survey from a licensed
8 surveyor or a registered civil engineer verifying the
building height is in compliance with the design
review permit.
M. Although the Zoning Ordinance may allow certain
building heights as two story structures, the D.B.C.
may define the structure as a three story building
requiring an additional exit or other improvements.
N. Project is approved as submitted/modified and shall
not be altered without Planning and Community
Development Department review and approval.
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND
COMMUNITY DEVELOPMENT REGARDING COMPLIANCE WITH THE
FOLLOWING CONDITIONS:
2. SITE DEVELOPMENT
A. Site shall be developed in accordance with the
approved site plans on file in the Planning and
Community Development Department and the conditions
contained herein.
B. Revised site plans and building elevations incor-
8 porating all conditions of approval shall be sub-
mi tted to and found satisfactorily by the Community
Development Department prior to issuance of building
permits.
C. Mail boxes, shall be installed and located by the
developer subject to approval by the authorized
agency pursuant to Design Review unless written
information is provided by the post office to state
otherwise.
D. All roof appurtenances, including air conditioners,
shall be architecturally integrated, shielded from
view and sound buffered from adjacent properties and
streets as required and approved by the Planning and
Community Development Department.
E. Prior to any use of the project site or business
activity being commenced thereon, all conditions of
approval contained herein shall be completed to the
satisfaction of the Director of Planning and
Community Development.
F. For new residential dwelling unit(s), the applicant
shall pay development fees at the established rate.
8 Such fees may include, but not be limited to: Permit
and Plan Checking Fees, School Fees, Water and Sewer
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CASE NO. 89-062-DR
Service Fees, Traffic Fees, Drainage Fees, and Park
8 Fees. Arrangements to pay these fees shall be paid
prior to building permit issuance.
G. Building identification and/or addresses shall be
placed on all new and existing buildings so as to be
plainly visible from the street or access road; color
of identification and/or addresses shall contrast
with their background color.
H. Building elevations materials and color are approved
as submitted.
I. Owner(s) shall enter into a covenant waiving any
claims of liability against the city and agree(s) to
indemnify and hold harmless the City and City's
employees relative to the approved project.
J. Revised elevations reflecting required modifications,
if any, shall be submitted to the Planning and
Communi ty Development Department prior to submittal
in plan check.
K. Any change to the natural drainage or concentration
of drainage shall be adequately handled and shall not
impact adjacent properties.
8 L. A plan shall be submitted for approval by the
Director of Planning and Community Development and
the Encinitas Fire Protection District regarding the
treatment of the site during the construction phase,
and the circulation and parking of construction
workers' vehicles and any heavy equipment needed for
the construction of the project.
3. LANDSCAPING
A. The landscape plan shall meet the standards of the
Zoning Ordinance, Grading Ordinance and off street
Parking Design Manual and is approved as submitted.
B. All required plantings shall be in place prior to use
or occupancy of new buildings or structures. All
required plantings shall be maintained in good
growing conditions, and whenever necessary, shall be
replaced with new plant materials to ensure continued
compliance with applicable landscaping, buffering,
and screening requirements. All landscaping shall
be maintained in a manner that will not depreciate
adjacent property values and otherwise adversely
affect adjacent properties.
c. The height required for hedges or other dense
8 landscaping is the height to be attained within 3
years after planting.
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CASE NO. 89-062-DR
8 D. Landscaping shall be maintained in such a way so view
corridors are not blocked.
4. SIGNS
A. Any signs proposed for this development shall be
designed and approved in conformance with the Sign
Ordinance.
APPLICANT SHALL CONTACT THE ENCINITAS FIRE PROTECTION
DISTRICT REGARDING COMPLIANCE WITH THE FOLLOWING
CONDITIONS:
5. FIRE
A. Prior to delivery of combustible building materials
on site, water and sewer systems shall satisfactorily
pass all required tests and be connected to the
public water and sewer systems. In addition, the
first lift of asphalt paving shall be in place to
provide adequate, permanent access for emergency
vehicles. Said access shall be maintained to the
satisfaction of the Fire Department.
8 B. All designated emergency access roads shall be posted
per the Fire Department.
C. Submit a letter from the Encinitas Fire Protection
District stating satisfaction with the type and
location of Fire hydrants and the minimum required
water flow in gallons per minute together with a
letter from the appropriate agency certifying that
the fire department's minimum required water flow is
available to serve the site. Fire hydrants shall be
of a bronze type and shall be identified by
installing a "blue" reflective dot on the street
surface pursuant to Fire Department standards.
D. Cul-de-sacs shall be designed to meet a minimum
paved radius of 40 feet to ensure adequate turn
around.
E. All two-way traffic aisles shall be a minimum of 24
feet wide and emergency access shall be provided,
maintained free and clear, a minimum of 24 feet wide
at all times during construction in accordance with
Fire Department requirements.
APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT
8 REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
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CASE NO. 89-062-DR
6. GRADING
8 A. Grading of the subject property is defined by Chapter
23.24 of the Encinitas Municipal Code. Grading shall
be performed under the observation of a registered
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 City Engineer
and verify compliance with Chapter 23.24 of the
Encinitas Municipal Code.
B. The developer shall obtain a grading permit prior to
the commencement of any clearing or grading of the
site.
C. No grading shall occur outside the limits of the
SUBDIVISION unless a letter of permission is
obtained from the owners of the affected properties.
D. All manufactured slopes within this project shall be
no steeper than 2:1.
E. A drainage system capable of handling and disposing
of all surface water originating within the
subdivision, and all surface waters that may flow
onto the subdivision from adjacent lands, shall be
8 required. Said drainage system shall include any
easements and structures as required by the City
Engineer to properly handle the drainage.
F. The owner of the subject property shall execute a
hold harmless covenant regarding drainage across the
adjacent property prior to issuance of building
permits for this project.
G. The final grading plan shall be subject to review
and approval by the Public Works Department and shall
be completed prior to recordation of the final
subdivision map or issuance of building permit,
whichever comes first.
H. Prior to hauling dirt or construction materials to
any proposed construction site within this project,
the developer shall submit to and receive approval
from the city Engineer for the proposed haul route.
The developer shall comply with all conditions and
requirements the City Engineer may impose with
regards to the hauling operations.
1. The developer shall exercise special care during the
construction phase of this project to prevent any
8 offsite siltation. The developer shall provide
erosion control measures and shall construct
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CASE NO. 89-062-DR
temporary desiltationjdetention basins of a type,
8 size and location as approved by the City Engineer.
The basins and erosion control measures shall be
shown and specified on the grading plan and shall be
constructed to the satisfaction of the City Engineer
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 City Engineer. The developer shall maintain the
temporary basins and erosion control measures for a
period of time satisfactory to the City Engineer and
shall guarantee their maintenance and satisfactory
performance through cash deposit and bonding in
amounts and types suitable to the City Engineer.
J. A separate grading plan shall be submitted and
approved and a separate grading permit obtained for
the borrow or disposal site if located within the
City of Encinitas.
7. STREETS AND SIDEWALKS
(The authorized agency may modify City Standards in
particular cases. The application of a request for such
modification must show special circumstances or conditions
8 affecting the property in question; and that such
modification is necessary for the preservation and
enjoyment of a substantial property right of the
applicant; and that the modification will not be
materially detrimental to the public welfare or injurious
to other property in the immediate vicinity Municipal Code
Section 24.12.020.)
A. Street trees, a minimum of (15 gallon size or 24"
box) or larger, shall be installed in accordance with
the City of Encinitas standards and shall be planted
at an average of every 40 feet on streets as shown
on the approved Landscape Plan. Said street trees
shall be reviewed by the Community Services and
Public Works Department; no trees with intrusive
root systems shall be placed next to the public right
of way.
8
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CASE NO. 89-062-DR
8 PASSED AND ADOPTED this 5th day of June, 1989, by the
following vote, to wit:
AYES: Colgan, Patton, Quinn, White
NAYS: None
ABSENT: None
ABSTAIN: Beck
Charles Colgan, Chai
of the New Encinitas
Community Advisory Board
ATTEST:
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. ATTACHMENT "A"
.' RESOLUTION NO. NE-89-04
Findings for a Design Review Permit
(Chapter 23.08 of the Encinitas Municipal Code)
A. The project design is consistent with the General Plan,
a Specific Plan or the provisions of this Code.
Evidence to Consider:
This project was approved pursuant to the previous zoning
regulations and General Plan. The CAB and Planning Commission
found the project to be consistent with appropriate regulations in
effect at that time. Since the project did receive previous
approval, it is considered to be a pipeline project pursuant to
City Council policy.
B. The project design is substantially consistent with the
Design Review Guidelines. .
Evidence to Consider:
. The project conforms with architectural guidelines in terms of
form, materials, color and detailing. Landscape guidelines are
complied with in terms of providing screening and plant materials
that will have a mature appearance within three years after
planting.
C. The project would not adversely affect the health, safety
or general welfare of the community.
Evidence to Consider:
The project has all required utility connection approvals and is
being developed within City standards, therefore, it should not
adversely affect the health, safety or general welfare of the
community.
D. The project would not tend to cause the surrounding
neighborhood to depreciate materially in appearance or value.
Evidence to Consider:
The project design includes architectural variation as well as a
coordinated color scheme; and is comptatible in structural size to
adjacent properties and the neighborhood.
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. E. The portion of the buildings outside of the standard
envelope maintain some of the significant views enjoyed by
residents of~nearby properties, since the proj ect has a higher
natural elevation than the existing single family subdivision to
the south of it any two story house will block views somewhat to
the north. The single family homes to the south may have views to
the west through other homes and further to the south and east over
and through the existing development.
F. The buildings are compatible in bulk and mass with
buildings on neighboring properties, since the square footage of
living area is similar to other newer homes in adjacent
subdivisions, and the design of the structures offer substantial
facade plane off-set and roof plane off-set which provides the
appearance of less bulk and mass from the street.
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