1995-02
. RESOLUTION NO. L-95-02
A RESOLUTION OF THE
LEUCADIA COMMUNITY ADVISORY BOARD
OF THE CITY OF ENCINITAS
APPROVING A DESIGN REVIEW PERMIT
AND COASTAL DEVELOPMENT PERMIT
TO ALLOW A PROPOSED 1WO-STORY DUPLEX WITH DETACHED GARAGE
FOR PROPERTY
LOCATED AT 151 AVOCADO STREET
(CASE NO. 94-197 DR/CDP; APN 254-030-24)
WHEREAS, an application for a Design Review Permit and Coastal Development
Permit was filed by Steve Estrada pursuant to Chapter 23.08 (Design Review) and Chapter
30.80 (Coastal Development Permit) of the City of Encinitas Municipal Code to allow a
proposed two-story duplex and detached garage on property located at 151 Avocado Street
. and legally described as;
North 1/2 Lot 2, Block "F' South Coast Park No.5 according to Map thereof No.
2078, filed in the Office of the County Recorder of San Diego County on November
21, 1927.
WHEREAS, a public hearing was conducted by the Leucadia Community Advisory
Board on September 7, 1995 as required by law, and all persons desiring to be heard were
heard;
WHEREAS, evidence was submitted and considered to include without limitation:
a. Project Plans including Site Plan, Elevations, Floor Plans, consisting of five
sheets and dated received by the City of Encinitas on August 2, 1995; and
Landscape and Irrigation Plans, consisting of three sheets, dated July 14, 1995
and dated received by the City of Encinitas on August 2, 1995.
b. Written information submitted with the application;
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. c. Oral testimony from staff, applicant, and public made a part of the record at
said public hearing;
d. Leucadia Community Advisory Board agenda report (95-197 DR/CDP) for
the meeting of September 7, 1995, which is on file in the Department of
Community Development;
e. Additional written documentation.
WHEREAS, the Leucadia Community Advisory Board made the following findings
pursuant to Chapter 23.08 (Design Review) and Chapter 30.80 (Coastal Development
Permit) of the Municipal Code:
(SEE ATIACHMENT "A")
NOW THEREFORE, BE IT RESOLVED by the Leucadia Community Advisory
Board of the City of Encinitas that Design Review and Coastal Development Permit
. application No. 95-197 DR/CDP is hereby approved subject to the following conditions:
(SEE ATIACHMENT "B")
BE IT FURTHER RESOLVED by the Leucadia Community Advisory Board of the
City of Encinitas that:
This project was found to be exempt from environmental review under
Section 15303, class (b) of the State CEQA Guidelines.
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. PASSED AND ADOPTED this 7th day of September 1995 by the following vote, to
wit:
Ayes: Boardmembers Hughes, Eldon, Buck and Heinle
Nays: None
Absent: Boardmember Suttie
Abstain: None
, Chairperso of the
umty Advisory Board
A TIEST:
.
-.Y ~ r j ..d-7J)
Diane S. Langager (
Associate Planner '- ' .
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. ATTACHMENT "A"
FINDINGS FOR APPROVAL OF A DESIGN REVIEW PERMIT
(CHAPTER 23.08 OF THE MUNICIPAL CODE)
AND COASTAL DEVELOPMENT PERMIT
(CHAPTER 30,80 OF THE MUNICIPAL CODE)
TO ALLOW A PROPOSED lWO STORY DUPLEX
WITH DETACHED GARAGE
Resolution No. L-95-02
Case No. 95-197 DR/CDP
Applicant: Steve Estrada
Findin~s for a Desip Review Permit Pursuant to Section 23.08.072 of the Municipal Code:
1. The project design is consistent with the General Plan, a specific Plan, and the provisions
of this Code.
Facts: The site is designated as Residential 8.01 - 11.0 du/ac on the Land Use
. Designation map of the General Plan and is zoned R-ll on the Zoning Map. The
proposed project is in conformance with the development standards ( density, lot
coverage, height, setbacks, FAR, etc.) of the R-ll zone found in Sections 30.16.01OA
and B of the Municipal Code. Based on conditions of approval and the waiver of
Section 30.16.01OD.8 related to recreational facilities, the project conforms with the
additional development standards for the higher density single-family and multiple-
family residential zones found in Section 30.16.01OD of the Municipal Code.
Section 30.16.01OD.8 of the Municipal Code requires the following recreational
facilities to be provided unless waived during the Design Review process:
a. Children's play area
b. Swimming pool
c. Family picnic area
Since the project will provide private porches and patios as well as common outdoor
yard and garden areas which can be enjoyed by the residents and which is
appropriate for the scope of a duplex project, the Board hereby waives the
requirement for additional recreational facilities. Additionally, the Board agrees that,
in regard to Section 30.16.01OD.7 of the Municipal Code, a wood fence is equal to
masonry for purposes of providing privacy and buffering to neighboring properties.
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. Conclusion: With conditions of approval and with the waiver of Section 30.16.010D.8
of the Municipal Code the project is in conformance with the provisions of the
General Plan and the Municipal Code.
2. The project design is substantially consistent with the Design Review Guidelines.
Facts: The two units are proposed side by side, with each unit containing a first
story of 922.875 sq. ft. and a second story of 861.375 sq. ft. for a total of 1784.25 sq.
ft. per unit. A 1025 sq. ft. detached, single story garage is proposed fronting Avocado
Street, which will provide two enclosed parking spaces, a minimum of 260 cu. feet
of storage space, and enclosed trash/recycling storage per unit.
The structure is proposed with "Provence Blue" (teal) horizontal drop siding and
white trim around the windows, door frames and porch railings. The front doors are
proposed of Douglas Fir with a natural clear finish. The windows frames are
proposed of white vinyl and the roof is proposed with slate grey, asphalt composition
shingles.
The proposed landscaping consists of a variety of trees, shrubs, ground covers and a
lawn area. The landscaping for the project is single-family in nature; in that citrus
trees, an herb garden and a seasonal vegetable garden are proposed. The majority
of the proposed plantings are not found on the City's Master Plant List and may not
. necessarily be considered "drought tolerant", however, based on the calculations
submitted by the project Landscape Architect, the project is well below the Maximum
Applied Water Allowance stipulated in Chapter 23.26 of the Municipal Code.
Discussion: In terms of site design (Municipal Code Section 23.08.074), the project
involves negligible changes to the existing topography of the site. The existing
vegetation consists predominantly of low cut weeds and intermittent patches of heavy-
bladed iceplant, therefore no valuable vegetation will be disturbed with construction
of the project. Since Avocado Street slopes upward towards Neptune Avenue, no
significant view corridors are present. The project takes access directly from Avocado
Street. The driveway and garage are proposed at the front of the project site with
the duplex structure proposed behind the garage, therefore vehicular and pedestrian
movements are separated.
In terms of building design (Municipal Code Section 23.08.076), the duplex structure
and detached garage are in scale with the site and the surrounding area which
contains a mixture of one-story and two-story, single family and multi-family
structures. The building design elements are in proportion with one another and are
coordinated with the use of colors, materials. At the same time, enough variety is
provided in the design through the use of colors, materials, window placements,
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. porches and vertical plane projections whereby a monotonous design and flat facades
are avoided.
With regard to landscape design (23.08.077) diversity and interest in the landscaping
is obtained through the use of a variety of trees, shrubs and ground covers. With the
use of herb and vegetable gardens, as well as citrus trees, the landscaping appears
single family in nature and invites use of the outdoor yard areas. To the extent
practical the driveway is screened from the adjacent properties on the east and west
with the use of groundcover and trees. The size of plant materials proposed should
obtain a mature appearance within three years after planting.
Conclusion: The Leucadia Community Advisory Board finds that the project is in
substantial compliance with the City's adopted design criteria.
c. The project would not adversely affect the health, safety, or general welfare of the
community.
Discussion: No aspect of the project has been identified which would have any
significant adverse affect on the health, safety, or general welfare of the community.
Conclusion: The Leucadia Community Advisory Board finds that this project will not
adversely affect the health, safety, or general welfare of the community.
. d. The project would not cause the surrounding neighborhood to depreciate materially
in appearance or value.
Conclusion: The Leucadia Community Advisory Board finds that the proposed
development is of high quality and sound design therefore the project will not cause
a material depreciation to the appearance or value of the surrounding neighborhood.
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. Findings Pursuant to
Chapter 30.80 (Coastal Development Permit)
of the Encinitas Municipal Code:
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 21000 and
following 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.
Facts: The site is designated as Residential 8.01 - 11.0 du/ac on the Land Use
Designation map of the General Plan and is zoned R-ll on the Zoning Map. The
proposed project is in conformance with the development standards ( density, lot
coverage, height, setbacks, FAR, etc.) of the R-ll zone found in Sections 30.16.01OA
. and B of the Municipal Code. Based on conditions of approval and the waiver of
Section 30.16.01OD.8 related to recreational facilities, the project conforms with the
additional development standards for the higher density single-family and multiple-
family residential zones found in Section 30.16.01OD of the Municipal Code.
Discussion: With the conditions of approval and with the waiver of Section
30.16.010D.8 of the Municipal Code, in conjunction with the Design Review Permit
approval, the project is in conformance with the provisions of the Municipal Code,
additionally, the project is fully consistent with the General Plan and Local Coastal
plan. There are no potentially significant adverse impacts associated with this project
and thus finding No.2 is not applicable. The subject site is located on Avocado
Street which is not the nearest public road to the sea; therefore finding No.3 is not
applicable to the project.
Conclusion: The Leucadia Community Advisory Board finds that 1) the project is
consistent with the certified Local Coastal Program of the City of Encinitas, 2) that
required finding No.2 is not applicable since no significant adverse impact is
associated with the project, and 3) finding No.3 is not applicable.
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. ATTACHMENT "B"
RESOLUTION NO. L-95-02
CONDITIONS OF APPROVAL
Applicant: Steve Estrada
Case No. 95-197 DR/CDP
Subject: Conditions of approval for a Design Review and Coastal Development Permit
request to allow for the construction of a proposed two-story duplex with
detached garage.
Location: 151 Avocado Street
1. SPECIFIC CONDITIONS
A In order to conform with Section 30.16.0lOD.l of the Municipal Code, a 8' x
to' concrete patio slab shall be provided for each unit, centered outside and
adjacent to the french doors located on the west elevations.
B. In order to conform with Section 30.16.0lOD.7 of the Municipal Code, a six
foot high solid wood fence shall be constructed along the east, west and south
property lines. However, a six foot high wood fence, comprised of 4 feet of
. solid fencing on the bottom portion and 2 feet of trellis on the upper portion,
is acceptable along the east property line. Furthermore, a four foot solid
wood fence may be authorized along the east property line in lieu of a six foot
fence if this height is satisfactory to the adjacent property owner to the east.
In the front yard within 15 feet from the north property line, on either the
east or west property line, the wall shall be limited to four feet in height, but
may be constructed to a maximum of six feet provided that the top two feet
of the wall is of material being at least 50% open which provides for visibility
through that portion of the wall.
C. Unless authorized through the Design Review process pursuant to Section
30.16.0lOB.7.d of the Municipal Code, the maximum roof height of the duplex
is limited to 26' as measured from the lower of natural or finished grade; and
the maximum height of the chimney is limited to 28' as measured from the
lower of natural or finished grade. 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 complies with this
design review permit.
D. The driveway curb opening shall be reduced to comply with the 30' maximum
curb opening allowed for residential driveways as specified on San Diego
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. Regional Standard Drawing Number G-14 contained within the Off-street
Parking Design Manual.
E. A planter area shall be added between the two garage units in the common
driveway to the satisfaction of the Director of Community Development.
2. GENERAL CONDITIONS
A This approval will expire in two years, on September 7, 1997 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 Planning Commission within 15
calendar days from the date of this approval.
C. Approval of this request shall not waive compliance with any sections of the
Zoning Code and all other applicable City Ordinances in effect at the time
of Building Permit issuance unless specifically waived herein.
D. 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 herein.
E. Project is approved as submitted as evidenced by the Site Plan, Elevations,
Floor Plans, consisting of five sheets, dated received by the City of Encinitas
on August 2, 1995; and the Landscape and Irrigation Plans, consisting of three
sheets, dated July 14, 1995 and dated received by the City of Encinitas on
August 2, 1995; signed by a City Official as approved by the Leucadia
Community Advisory Board on September 7, 1995 and shall not be altered
without Community Development Department review and approval.
F. Nothing in this permit shall authorize the applicant to intensify the authorized
activity beyond that which is specifically described in this permit.
G. All cost recovery fees associated with the processing of the subject application
shall be paid to the Department of Community Development prior to building
permit issuance.
H. For residential dwelling unit(s), the applicant shall pay development fees for
new construction at the established rate. Such fees may include, but not be
limited to: Permit and Plan Checking Fees, School Fees, Water and Sewer
Service Fees, Fire Fees and Flood Control Fees.
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. APPLICANT SHALL CONTACT THE ENCINITAS FIRE DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
3. FIRE
A FIRE HYDRANTS & FIRE FLOWS: If the distance from the nearest fire
hydrant to the rear unit of the project, Unit No.1, is more than 300' a fire
hydrant will be required. The applicant shall submit a letter from the
Encinitas Fire Department stating satisfaction with the type, number, and
location of fire hydrants. A letter from the water agency serving the area
shall be provided that states the required fire flow is available. Fire hydrants
shall be of a bronze type. A two-sided blue reflective road marker shall be
installed on the road surface to indicate the location of the fire hydrant for
approaching fire apparatus.
B. 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 numbers shall conform to Fire Department Standards.
NOTE: Where structures are located off a roadway on long driveways, a
monument marker shall be placed at the entrance where the driveway
intersects the main roadway Permanent numbers shall be affixed to this
. marker.
C. AUTOMATIC FIRE SPRINKLER SYSTEM: Structures shall be protected
by an automatic fire sprinkler system installed to the satisfaction of the Fire
Department.
D. REVIEW AND FIRE FEES: Prior to building permit issuance, the applicant
shall pay all fees including fire fees, and plan check reviews and/or cost
recovery fees to the satisfaction of the Fire Department.
E. SMOKE DETECTORS: Smoke detectors shall be inspected by the Fire
Department.
APPLICANT SHALL CONTACT THE BUILDING DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
4. Building:
The applicant shall submit a complete set of construction plans to the Building
Division for review. The submittal shall include structural calculations and details,
complete framing plans and details, a site plan and floor plan showing State
mandated disabled access requirements (multi-residential and commercial only),
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. State Energy compliance documentation and a Soils Report which includes
recommendations for the design of the foundation. Submitted plans will be reviewed
for compliance with State Title 24, the 1991 Editions of the Uniform Building Code,
the Uniform Mechanical Code, the Uniform Plumbing Code and the 1990 Edition
of the National Electrical Code. Please note that project review comments are not
intended to be a comprehensive plan review of applicable Building Codes and
additional comments will be made after plans have been submitted to the Building
Division for plan check.
APPLICANT SHALL CONTACT THE ENGINEERING DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
50 ENGINEERING
All City Codes, regulations, and policies in effect at the time of approval shall apply.
Grading Conditions
A The developer shall obtain a grading permit prior to the commencement of any
clearing or grading of the site.
B. 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 City Engineer and verify compliance with Chapter 23.24 of the Encinitas
Municipal Code.
C. No grading shall occur outside the limits of the PROJECf unless a letter of
permission is obtained from the owners of the affected properties.
D. All newly created slopes within this project shall be no steeper than 2: 1.
E. A soils/geological/hydraulic report (as applicable) shall be prepared by a qualified
engineer licensed by the State of California to perform such work:
1. Prior to building permit issuance; or
2. At first submittal of a grading plan.
Drainage Conditions
F. 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 desiltation/ detention basins of type, size and location
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. 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.
G. The developer shall pay the current local drainage area fee prior to approval of this
project or shall construct drainage systems in conformance with the Master Drainage
Plan and City of Encinitas Standards as required by the City Engineer.
H. Concentrated flows across driveways and/or sidewalks shall not be permitted.
Street Conditions
I. The developer shall make an offer of dedication to the City for all public streets and
easements required by these conditions or shown on the SITE DEVEWPMENT
PlAN. The offer shall be made PRIOR TO ISSUANCE OF ANY BUILDING
. PERMIT for this project. All land so offered shall be granted to the City free and
clear of all liens and encumbrances and without cost to the City. Streets that are
already public are not required to be rededicated.
J. Eight feet shall be dedicated by the developer along the subdivision project frontage
based on a center line to right-of-way width of 28 feet and in conformance with City
of Encinitas Standards.
K Reciprocal access and maintenance and/or agreements shall be provided ensuring
access to all parcels over private roads, drives or parking areas and maintenance
thereof to the satisfaction of the City Engineer.
L The developer shall enter into a lien contract for the future improvement of a half
street width of 18 feet of AC paving, PCC curb, gutter and sidewalk along the
PROJECf frontage prior to ISSUANCE OF ANY GRADING OR BUILDING
PERMIT for this project.
Utilities
M. The developer shall comply with all the rules, regulations and design requirements
of the respective utility agencies regarding services to the project.
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. N. The developer shall be responsible for coordination with S.D.G. & E., Pacific
Telephone, and Cable TV authorities.
o. All proposed utilities within the project shall be installed underground including
existing utilities unless exempt by the Municipal Code.
P. The developer shall be responsible for the relocation and undergrounding of existing
public utilities, as required.
Q. The water meter shall be relocated outside of the driveway approach when upgrading
for residential fire sprinklers.
R. The developer shall be responsible for the payment of Flood Control Impact Fees,
Park Fees, and Traffic Impact Fees before building permit issuance, or enter into a
security agreement for the payment of such fees:
For new residential dwelling unit(s), the applicant shall pay development fees
at the established rate. Such fees may include, but not be limited to: Permit
and Plan Checking Fees, School Fees, Water and Sewer Service Fees, Traffic
Fees, Drainage Fees, and Park Fees. As required, arrangements to pay these
fees shall be made:
. 1. Prior to building permit issuance.
2. For Traffic Fees, prior to issuance of occupancy certificate.
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