1993-09
. RESOLUTION NO. L - 93-09
A RESOLUTION OF THE LEUCADIA
COMMUNITY ADVISORY BOARD TO APPROVE
A DESIGN REVIEW PERMIT TO CONSTRUCT
A FOUR UNIT APARTMENT COMPLEX LOCATED AT
137-143 JUPITER STREET
(CASE NO. 93-075 DR)
WHEREAS, a request for consideration of a Design Review Permit
was filed by Architura for Marcus Dewood to allow the construction
of a four unit apartment complex pursuant to Chapter 23.08 of the
City of Encinitas Municipal/Zoning Codes, for the property located
at 137-143 Jupiter Street, legally described as:
Lot 14, Block 2, SOUTH COAST PARK NO. 4, in the City of
Encinitas, County of San Diego, State of California, according
to Map thereof No. 2049, filed in the Office of the County
Recorder of San Diego County, July 26, 1927.
WHEREAS, a public hearing was conducted on the application, on
June 3, 1993 to review the application and all persons desiring to
be heard were heard; and
. WHEREAS, evidence was submitted and considered to include
without limitation:
1. The staff report dated May 27, 1993
2. The General Plan, 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 Leucadia Community Advisory Board made the
required Design Review findings pursuant to Section 23.08 of the
Municipal/Zoning Code:
(See Attachment "A")
NOW, THEREFORE, BE IT RESOLVED by the Leucadia Community
Advisory Board of the City of Encinitas that the Design Review
Permit is hereby approved subject to the following conditions:
(See Attachment "B")
.
cd/CMD/RLE93075.309 (6-3-93) 1
. PASSED AND ADOPTED this 3rd day of June, 1993, by the
following vote, to wit:
AYES: Buck, Burkhart, Eldon, Fahlberg, Hughes
NAYS: None
ABSENT: None
ABSTAIN: None
Marilyn Buck, Chairperson f the
Leucadia Community Advisory Board
.
Ch istopher Du and
Planning Technician
.
cd/CMD/RLE93075.309 (6-3-93) 2
. ATTACHMENT "A"
LEUCADIA COMMUNITY ADVISORY BOARD
RESOLUTION NO. L-93-09
Findings for Design Review
(Section 23.08 Municipal Code)
A. The project design is consistent with the General Plan, a
Specific Plan or the provisions of this Code.
Facts: The project complies with the density requirements for
the R-11 Zone and meets all applicable development standards
contained in Chapter 30.16 therefore, the project is
consistent with the provisions of the Municipal Code.
Conclusion: The Board finds that the proposed four unit
apartment complex is consistent with the Municipal Code and
the General Plan. The Specific Plan is not adopted.
B. The project design is substantially consistent with the Design
Review Guidelines.
Facts: The proposed project is being reviewed under Chapter
23.08 of the Municipal Code, Design Review Guidelines. The
. Board must find the project substantially consistent with
these guidelines to warrant approval.
Discussion: The exterior appearance of this project will
blend well with surrounding development. The applicant agreed
to add planting areas along the public right-of-way to soften
the visual bareness of the front site wall. The project is
custom-designed and of high quality and should serve to
encourage positive development in the area. The buildings are
arranged in such a manner so as to reduce the visual impact of
the project as viewed from Jupiter Street.
Conclusion: The Board finds that the proposed project is
compatible with neighboring properties and community
character.
C. The project would not adversely affect the health, safety or
general welfare of the community.
Facts: The project has been found to be exempt from
environmental review pursuant to Section 15303 (b) of the
California Environmental Quality Act (CEQA), and no potential
negative affects on the health, safety, or general welfare of
the community have been identified in conjunction with this
project. All public services and utilities are available to
. this project.
cd/CMD/RLE93075.309 (6-3-93)
3
. Conclusion: The Board finds that the proposed project would
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.
Facts: The surrounding neighborhood is zoned R-11 which
provides for multifamily development. Multifamiy units border
the project on the east, west and south sides.
Discussion: The proposed project is custom-designed, and is
coordinated in terms of facade treatment, color, and
materials. It is compatible in bulk and scale with the newer
structures in the neighborhood.
Conclusionn: The Board finds that the proposed project, would
not cause the surrounding neighborhood to depreciate
materially in appearance or value, in fact, it should serve to
upgrade the neighborhood.
.
. cd/CMD/RLE93075.309 (6-3-93) 4
ATTACHMENT liB"
. LEUCADIA COMMUNITY ADVISORY BOARD
RESOLUTION NO. L-93-09
1. GENERAL CONDITIONS
A. This approval will expire in two years, on June 3,
1995, 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
agency within 15 calendar days from the date of
this approval.
C. Approval of this request shall not waive compliance
with any section of the Zoning Development Code and
all other applicable City Ordinances in effect at
the time of Building Permit issuance unless
specifically waived here.
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 here.
E. 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 Community Development to allow
for the issuance of building permits.
F. Permits from other agencies will be required as
follows:
0 Coastal Commission
G. Prior to issuing a final inspection on framing, the
applicant shall provide a survey from a licensed
surveyor or a registered civil engineer verifying
the building height is in compliance with the
Design Review Permit.
. cd/CMD/RLE93075.309 (6-3-93) 5
. H. Although the Zoning Ordinance may define certain
building heights as two story structures, the
Uniform Building Code may define the structure as a
three story building requiring an additional exit
or other improvements.
1. The developer/owner shall enter into a covenant
agreement restricting the parking of recreation
vehicles on the subject property. Said covenant
shall also include a condition that there shall be
no parking in the auto-court common area. Car
washing and similar uses shall take place in the
guest parking area.
APPLICANT SHALL CONTACT THE DEPARTMENT OF COMMUNITY DEVELOPMENT
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
2. SITE DEVELOPMENT
A. Site shall be developed in accordance with the
approved site plans which are dated August 11, 1989
and signed as approved on June 3, 1993 by the
Leucadia Community Advisory Board and which are on
file in the Community Development Department and
. the conditions contained herein.
B. 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 U.S. Postal Service
to state otherwise.
C. 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
Community Development Department.
D. 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 Community
Development.
E. 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. Arrangements to pay these
cd/CMD/RLE93075.309 (6-3-93) 6
. fees shall be made prior to final inspection or as
deemed necessary by the appropriate agency.
F. Owner(s) shall enter into and record a covenant
satisfactory to the City Attorney waiving any
claims of liability against the City and agreeing
to indemnify and hold harmless the City and City's
employees relative to the approved project.
G. Any change to the natural drainage or concentration
of drainage shall be adequately handled and shall
not impact adjacent properties.
H. A plan shall be submitted for approval by the
Director of Community Development and the Encinitas
Fire Department regarding the security treatment of
the site during the construction phase, the on and
off-site circulation and parking of construction
workers' vehicles and any heavy equipment needed
for the construction of the project.
3. PARKING AND VEHICULAR ACCESS
A. Driveways shall meet the standards of the Zoning
. Ordinance, Engineering Standards, and the Off-
street Parking Design Manual.
4. LANDSCAPING
A. The landscape plan shall meet the standards of the
Zoning Ordinance, Grading Ordinance, Landscape
Guidelines and Off-street Parking Design Manual.
The site shall be planted in accordance with the
approved landscape plan dated received by the City
April 26, 1993 and stamped approved on June 3, 1993
by the Leucadia Community Advisory Board and is
approved as submitted subject to the following
modifications:
1. The applicant shall provide for additional
planting along the Jupiter Street right-of-way
and on the crib wall along the eastern
property boundary. The crib wall on the
southeast side of the property shall be
planted with Bougainvillea.
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
cd/CMD/RLE93075.309 (6-3-93) 7
. 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
landscaping shall be attained within 3 years after
planting.
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 20
feet in width with an unobstructed vertical
. clearance of 13 feet 6 inches and maintained to the
satisfaction of the Fire District.
B. Submit a letter from the Encinitas Fire District,
if required, 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.
C. Numbers shall be clearly visible from the street
fronting the structure. Where structures are
located off a roadway on long driveways, a monument
shall be placed at the entrance where the driveway
intersects the main roadway. Address numbers shall
be displayed on this monument.
D. Structures shall be protected by automatic fire
sprinkler systems. Sprinkler systems shall be
installed to the satisfaction of the Encinitas Fire
Protection District. Smoke detectors shall be
inspected by the Fire Department.
E. Prior to building permit issuance, the applicant
. shall submit a letter from the Fire District
cd/CMD/RLE93075.309 (6-3-93) 8
. stating that all development impact, plan check
and/or cost recovery fees have been paid or secured
to the satisfaction of the District.
6. BUILDING
A. Existing sewage disposal facilities shall be
removed, filled and/or capped to comply with
appropriate grading practices and the Uniform
Plumbing Code.
B. Prior to the building department approving the
connection of the buildings to the private sewer or
water systems located in the public right of way,
the civil engineer responsible for the design and
the inspector responsible for the system inspection
must certify in writing to the City Engineer that
the sewer and/or water systems were designed and
constructed in accordance with the utility district
or agency standards for public systems.
APPLICANT SHALL CONTACT THE ENGINEERING DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
. 7. GRADING
A. The developer shall obtain a grading permit prior
to the commencement of any clearing or grading of
the site.
C. 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.
D. No grading shall occur outside the limits of the
SUBDIVISION unless a letter of permission is
obtained from the owners of the affected
properties.
E. A separate grading plan shall be submitted and
approved and a separate grading permit issued for
the borrow or disposal site if located within the
city limits.
. cd/CMD/RLE93075.309 (6-3-93) 9
. F. All slopes within this project shall be no steeper
than 2:1.
G. A soils/geological/hydraulic report shall be
prepared by a qualified engineer licensed by the
State of California to perform such work prior to
building permit issuance.
8. STREETS AND SIDEWALKS
A. The developer shall make an offer of dedication to
the City for all public streets and easements
required by these conditions. 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.
B. Jupiter Street shall be dedicated by the developer
along the project frontage based on a center line
to right-of-way width of 28 feet and in conformance
with City of Encinitas Standards.
C. 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.
D. Prior to any work being performed in the public
right-of-way, a right-of-way construction permit
shall be obtained from the Engineering Department
and appropriate fees paid, in addition to any other
permits required.
E. Plans, specifications, and supporting documents for
all improvements shall be prepared to the
satisfaction of the City Engineer. Prior to
approval of building permit, the Developer shall
install, or agree to install and secure with
appropriate security as provided by law,
improvements to City Standards to the satisfaction
of the City Engineer:
The private road of access in accordance with the
City of Encinitas private road standards. Jupiter
Street shall be improved to Public Road Standards
for a Local Street with AC pavement, curb, gutter
and sidewalk.
. cd/CMD/RLE93075.309 (6-3-93) 10
-
. F. The design of all private streets and drainage
systems shall be approved by the City Engineer
prior to PERMIT ISSUANCE for this project. The
structural section of all private streets shall
conform to City of Encinitas Standards based on R-
value tests. The standard improvement plan check
deposit is required.
9. DRAINAGE CONDITIONS
A. A drainage system capable of handling and disposing
of all surface water originating within the project
site, and all surface waters that may flow onto the
subdivision from adjacent lands, shall be required.
Said drainage system shall include any easements
and structures as required by the City Engineer to
properly handle the drainage to the low point of
Highway 101.
B. Concentrated flows across driveways and/or
sidewalks shall not be permitted.
10. UTILITIES
. A. The developer shall comply with all the rules,
regulations and design requirements of the
respective utility agencies regarding services to
the project.
B. The developer shall be responsible for coordination
with SDG&E, Pacific Telephone, Cable TV
authorities, and other appropriate agencies.
C. All proposed utilities within the project shall be
installed underground including existing utilities
unless exempt by the Municipal Code.
D. The developer shall be responsible for the
relocation and undergrounding of existing public
utilities, as required.
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