1991-15
RESOLUTION NO. L-91-15
A RESOLUTION OF THE LEUCADIA
COMMUNITY ADVISORY BOARD TO APPROVE
A DESIGN REVIEW PERMIT WHICH ALLOWS FOR THE
CONSTRUCTION OF A DUPLEX
ON A SINGLE LOT LOCATED AT 176 W. GLAUCUS STREET
(CASE NO. 91-102 DR)
WHEREAS, a request for consideration of a Design Review Permit
was filed by Dave Stockey to allow the construction of a duplex on
a single lot, as per Chapter 23.08 of the City of Encinitas
Municipal Code, for the property located at 176 W. Glaucus Street,
legally described as:
SEE EXHIBIT "A"
WHEREAS, a public hearing was conducted on the application,
August 8, 1991, 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 July 31, 1991;
2. The General Plan, the Municipal Code, Zoning Code and
maps;
3. Oral evidence submitted at the hearing;
4. written evidence submitted at the hearing;
5. Documentation, site plans and landscape plans submitted
by the applicant; and dated received by the City on June
13, 1991 and
WHEREAS, the Leucadia Community Advisory Board made the
required findings pursuant to section 23.08 of the Municipal Code.
SEE ATTACHMENT "B"
NOW, THEREFORE, BE IT RESOLVED by the Leucadia Community
Advisory Board of the City of Encinitas that the Design Review
Permit application is hereby approved subject to the following
conditions:
CD/02/CRO8-842wp51 1(8/26/91-3) Case No. 91-102 DR
\ Page 1 of 8
SEE ATTACHMENT "c"
PASSED AND ADOPTED this 8th day of August, 1991, by the
following vote, to wit:
AYES: Allen, Buck, Eldon, Gilholm
NAYS: None
ABSENT: Jacobson
ABSTAIN: None
~'14. ~~
Alice Jacobson, Chairperso
of the Leucadia
Community Advisory Board
ATTEST:
~ 11t. Pu~ A>R
Diane Langager
Assistant Planner
CD/02/CRO8-842wp51 2(8/26/91-3) Case No. 91-102 DR
Page 2 of 8
EXHIBIT "A"
LEGAL DESCRIPTION
LOT 24 AND THOSE PORTIONS OF LOTS 26 AND 27 IN BLOCK 5 OF SOUTH
COAST PARK NO. 2, ACCORDING TO MAP THEREOF NO. 1859, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 21,
1925 LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT A POINT ON THE SOUTHERLY LINE OF SAID LOT 26 DISTANT
THEREON NORTH 72 0 28' 30" EAST 92. 83 FEET FROM THE SOUTHWEST CORNER
THEREOF; THENCE NORTH 15041' 58" WEST 108.98 FEET, MORE OR LESS,
TO A POINT ON THE NORTHERLY LINE OF SAID LOT 27 DISTANT THEREON
NORTH 74° 16' 43" EAST 100.11 FEET FROM THE NORTHWEST CORNER
THEREOF.
CD/02/COVl-324wp51 (8/2/91)
ATTACHMENT "B"
FINDINGS FOR DESIGN REVIEW (CHAPTER 23.08 MUNICIPAL CODE)
(Case # 91-102 DR)
Findings: The following findings must be made by the Board to
warrant approval of the design review permit pursuant to
Chapter 23.08 of the Encinitas Municipal Code:
A. The project design is inconsistent with the General Plan,
a Specific Plan or the provisions of this Code.
Evidence to consider: The proposed duplex is consistent with
the Municipal Code and the General Plan. There is no Specific
Plan approved for the North Highway 101 Corridor.
B. The project design is substantially inconsistent with the
City's Design Review Guidelines.
Evidence to consider: What follows is a brief discussion of
the project as it relates to the City's adopted design
criteria from Chapter 23.08 of the Municipal Code.
1. site design - The guidelines applicable to site design are
guidelines 1.4 through 1.7 from section I of the Design Review
Guidelines and sections 23.08.074 A, F and G of the Municipal
Code. with respect to guideline 1.4 and section 23.08.074 F,
the building has been designed to take advantage of views from
the site, to the site and through the site as much as
possible. Large windows and a second story deck provide views
to the west while the 4/12 pitched roof structure minimizes
view impacts through the site. with regard to guidelines 1.5
through 1.7, and sections 23.08.074 A and G, the project has
been designed to minimize conflicts between autos and
pedestrians by providing parking in the rear of the site -
preserving the front yard for pedestrians. In the opinion of
staff, the proposed duplex is substantially consistent with
the site design guidelines.
2. Building design - The guidelines applicable to building
design are guidelines 2.3 through 2.7 and 2.11 from section II
of the Design Review Guidelines and sections 23.08.076 A, B,
E and G of the Municipal Code. with respect to guidelines 2.3
and 2.5, and sections 23.08.076 A, and G, a traditional
architectural style and scale which is common throughout the
neighborhood is proposed for this duplex. In addition, the
design elements are consistent throughout the project. with
regard to guideline 2.4, and section 23.08.076 E, the exterior
of the building is proposed to be finished in off-white stucco
.
and redwood stain trim. The proposed colors of the building
provide unity between the front, sides and rear elevations.
with respect to guidelines 2.6, 2.7 and 2.11, and section
23.08.076 B, the roof lines are varied to provide interest to
the duplex. The proposed second story and roof-top deck help
to break up the roof structure, particularly on the west
elevation. Staff suggests that an additional skylight or
dormer be provided on the east elevation, if possible, to
break up the long roof. The red tile roof complements the
lighter tone of the building. Staff is of the opinion that
the proposed design, with minor modifications as discussed
above, is substantially consistent with the building design
guidelines.
3. Landscape design - The guidelines applicable to landscape
design are guidelines 3.1 through 3.4, 3.7 and 3.9 of Section
III of the Design Review Guidelines and sections 23.08.077 A,
B, and C of the Municipal Code. with respect to guidelines
3.1 and 3.2, the landscape plan indicates that the proposed
plantings will create a sense of continuity between the front
and rear of the building. The existing and proposed
landscaping provides a predominant evergreen texture and color
on the site. with regard to guidelines 3.3 and 3.9, drought
tolerant shrubs and trees exist on the site including
bottlebrush, plumbago, and juniper.
with regard to guideline 3.4, and section 23.08.077 C, staff
is of the opinion that the project landscaping maintains a
mature appearance. The Board may want to consider alternative
landscape treatments on the east elevation to breakup the
large expanse of stucco.
Finally, with regard to guideline 3.7 and Sections 23.08.077
A and B, the Board may want to ask the architect where the
trash facilities are located and ensure that it is adequately
screened from view. In the opinion of staff, with minor
adjustments to the landscape plan discussed above, the plan is
substantially consistent with the landscape guidelines.
C. The project would adversely effect the health, safety, or
general welfare of the community.
Evidence to consider: No negative affects on the health,
safety, or general welfare of the community have been
identified in conjunction with this project.
D. The project would cause the surrounding neighborhood to
depreciate materially in appearance or value.
Evidence to consider: The project represents an upgrade to
the site which currently contains a deteriorating single
family residence. No evidence can be found which would
suggest that the surrounding neighborhood would depreciate
materially in appearance or value as a result of this project.
ATTACHMENT "c"
LEUCADIA COMMUNITY ADVISORY BOARD
RESOLUTION NO. L-91-15
1. GENERAL CONDITIONS
A. This approval will expire in two years, on August 8,
1993, 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. At all times during the effective period of this 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 set 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 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.
CD/02/CRO8-842wp51 3(8/26/91-4) Case No. 91-102 DR
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1. 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 here.
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 unless
specifically waived here.
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 allow for the issuance of
building permits.
L. Permits from other agencies will be required as follows:
Coastal Commission
M. 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.
N. Project is approved as evidenced by the site plan dated
June 13, 1991, and signed by a City Official as approved
by the Leucadia Community Advisory Board on August 8,
1991, and shall not be altered without Planning and
Community Development Department review and approval.
O. Owner(s) shall enter into and record a covenant
satisfactory to the City Attorney guaranteeing that
recreational vehicles shall not be parked on-site unless
adequately screened from view. Any proposed screening
for the parking of recreational vehicles shall be subject
to approval by the Director of Community Development
Department.
CD/02/CRO8-842wp51 4(8/26/91-4) Case No. 91-102 DR
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APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND COMMUNITY
DEVELOPMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
2. SITE DEVELOPMENT
A. Prior to any use of the project site, all conditions of
approval contained herein shall be completed to the
satisfaction of the Director of Planning and Community
Development.
B. 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 fees shall be paid prior to building permit
issuance as deemed necessary by the appropriate agency.
3. PARKING AND VEHICULAR ACCESS
A. Driveways shall meet the standards of the Zoning
Ordinance, Public Works Standards, and the Offstreet
Parking Design Manual.
4. LANDSCAPING
A. The landscape plan shall meet the standards of the
Zoning Ordinance, Grading Ordinance, Landscape Guidelines
and Offstreet Parking Design Manual. The site shall be
planted in accord with the landscape plan which was
received by the City on June 13, 1991, and which was
approved on August 8, 1991, by the Leucadia Community
Advisory Board.
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. Additional landscaping shall be required on the east
elevation to break up the expansive, stucco wall.
CD/02/CRO8-842wp51 5(8/26/91-4) Case No. 91-102 DR
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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
District.
B. Address 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. Permanent address numbers shall be displayed on
this monument.
C. structures shall be protected by automatic fire sprinkler
systems. Sprinkler systems shall be installed to the
satisfaction of the Encinitas Fire Protection District.
D. Prior to final recordation, 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 or secured to the satisfaction of the
District.
APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
Grading Conditions
1. 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
is 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.
2. No grading shall occur outside the limits of the PROJECT
unless a letter of permission is obtained form the owners of
the affected properties.
CD/02/CRO8-842wp51 6(8/26/91-4) Case No. 91-102 DR
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3. All newly created slopes within this project shall be no
steeper than 2:1.
Drainaqe Conditions
4. 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 required. Said drainage system shall
include any easements and structures as required by the City
Engineer to properly handle the drainage.
5. Concentrated flows across driveways and/or sidewalks shall not
be permitted.
street Conditions
6. 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 DEVELOPMENT. 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.
7. Five feet shall be dedicated by the developer along the
subdivision frontage based on a center line to right-of-way
width of 25 feet.
8. Prior to any work being performed in the public right-of-way,
a right-of-way construction permit shall be obtained form the
Public Works office and appropriate fees paid, in addition to
any other permits required.
9. The developer shall obtain the city Engineer's approval of the
project improvement plans and enter into a secured agreement
with the City for completion of said improvements prior to
issuance of any building permit within this project. The
improvements shall be constructed and accepted for maintenance
by the City Council prior to occupancy of any unit within the
project. The improvements are:
Glaucus street, 18 feet A.C. pavement half-street, plus
curb and sidewalk.
CD/02/CRO8-842wp51 7(8/26/91-4) Case No. 91-102 DR
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utilities
10. The developer shall comply with all the rules, regulations and
design requirements of the respective utility agencies
regarding services to the project.
11. The developer shall be responsible for coordination with
S.D.G. & E., Pacific Telephone, and Cable TV authorities.
12. All proposed utilities within the project shall be installed
underground including existing utilities unless exempt by the
Municipal Code.
13. The developer shall be responsible for the relocation and
undergrounding of existing public utilities, as required.
CD/02/CRO8-842wp518(8/26/91-4) Case No. 91-102 DR
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