1992-07
. RESOLUTION NO. L-92-07
A RESOLUTION OF THE LEUCADIA COMMUNITY ADVISORY BOARD
OF THE CITY OF ENCINITAS
APPROVING A
DESIGN REVIEW PERMIT
FOR PROPERTY
LOCATED AT 1380 HERMES AVENUE
(CASE NO. 92-069 DR)
WHEREAS, a Design Review application was filed by Bruce
Aguinaldo pursuant to Chapter 23.08, Design Review of the City of
Encinitas Municipal Code for the purpose of constructing a single
family residence on property located at 1380 Hermes Avenue and
legally described as;
Parcel 2 of Parcel Map 16497 filed in the Office of the
County Recorder of San Diego County on June 7, 1991 as
File No. 1991-0273378 of Official Records.
. WHEREAS, a public hearing was conducted by the Leucadia
Community Advisory Board on June 4, as required by law, and
1992
all persons desiring to be heard were heard;
WHEREAS, evidence was submitted and considered to include
without limitation:
a. Building Plans including Adjacent sites Plan, site Plan,
Floor Plan and Building Elevations dated May 4, 1992,
received by the City of Encinitas on May 5, 1992,
consisting of four sheet;
b. Landscape and Irrigation Plans dated May 4, 1992,
received by the City of Encinitas on May 5, 1992,
consisting of two sheets;
c. Building Plans for the adjacent site to the north (Parcel
1) including site plan, floor plan and elevations dated
May 4, 1992, received by the City of Encinitas on May 5,
1992, consisting of three sheets;
d. Written information submitted with the application;
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e. Oral testimony from staff, applicant, and public made a
. part of the record at said public hearing;
f. Leucadia Community Advisory Board staff report (92-069
DR) dated May 29, 1992; which is on file in the office of
Planning and Community Development; and
g. Additional written documentation.
WHEREAS, the Leucadia Community Advisory Board made the
following findings pursuant to Section 23.08.072 (Design Review) of
the Municipal Code.
(SEE ATTACHMENT "A")
NOW THEREFORE, BE IT RESOLVED by the Leucadia Community
Advisory Board of the City of Encinitas that Design Review
application No. 92-069 DR is hereby approved subject to the
following conditions:
. (SEE ATTACHMENT "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 15305, class 3(a) of the State CEQA
Guidelines.
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. PASSED AND ADOPTED this 4th day of June, 1992, by the
following vote, to wit:
Ayes: Boardmembers Cameron, Eldon, Buck and Fahlberg
Nays: None
Absent: Boardmember Allen (potential conflict of interest)
Abstain: None
~~, (~ ~,
". Y..I: . (;(" J~.. "'-I'\X...U.'\,"----.
Sheila Cameron, Vice-Chairperson of the
Leucadia Community Advisory Board
ATTEST:
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. Diane S. Langager , l ~ \
Assistant Planner /...J
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. ATTACHMENT "A"
FINDINGS FOR DESIGN REVIEW (CHAPTER 23.08 MUNICIPAL CODE)
Resolution No. L-92-07
Case No. 92-069 DR
Applicant: Bruce Aguinaldo
A. The project design is inconsistent with the General Plan, a
Specific Plan or the provisions of this Code.
Facts: The applicant is requesting a design review permit for a
new single family residence on an existing lot of approximately .2
acres. The subject site is in the R-8 zone and is designated as
Residential 5.01 - 8.0 dwelling units per acre on the Land Use Map
of the General Plan.
Discussion: Single family residences are expressly allowed within
the R-8 zone and the Residential 5.01 - 8.0 General Plan
designation. The proposed single family residence is in
conformance with or is conditioned to be in conformance with the
development standards of the R-8 zone. There is no adopted
Specific Plan for this area in which the subject site is located.
. Conclusion: The Board finds that this finding can be made since
the proposed duplex complies with the policies of the General Plan
and the Municipal Code.
B. The project design is substantially inconsistent with the City's
Design Review Guidelines.
Facts: The project proposes a two-story single family residence on
an existing site of approximately .20 acres which is accessed via
a private road easement from Hermes Avenue. The total square
footage of the structure is 2,988 square feet, which includes 1,392
square feet of first floor living area, 1,008 square feet of second
floor living area, and a 587 square foot two-car garage. The three
required parking spaces are provided with the two-car garage and
the access driveway in the front yard area. The structure is
proposed with a 4 and 12 roof pitch and attains a maximum height of
26 feet measured to the ridgeline; the chimney is proposed at a
maximum height of 28' feet.
Colors and materials proposed for the structure include light grey
wood siding and stucco, grey fascia and grey trim border with white
trim around the white framed aluminum windows. Grey/brown flat
concrete tile is proposed for the roof and river rock is to be
provided as an accent treatment on the chimney and in the front
entry area.
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. The landscape plan proposes to maintain the existing trees in the
front and rear yards. Three additional trees are proposed in the
front yard, consisting of two lemon bottle brush trees and one
Pineapple guave tree. A var iety of shrubs are proposed in the
front of the home on the east elevation, along the front walkway,
and in the front yard at the northerly propertyline. A lawn is
also proposed to be seeded in the front yard. No landscaping is
proposed in the rear yard at this time, the landscaping will be
completed by the future homeowner. An automatic irrigation system
is proposed which will consist of a combination of pop-up
sprinklers and a drip/bubbler system.
A project is proposed on an adjacent site to the north (Parcell)
which will utilize the same basic floor plan as the subject project
(parcel 2).
Discussion: 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, broken down by section:
Section 23.08.074 - Design and site Layout
The site is relatively flat and does not contain significant
constraints or natural assets. The house is sited on the
property such that the existing trees are able to remain as
depicted on the proposed landscape plan. The site is
. relatively flat which will require only minimal grading and
clearing in order to accommodate the construction of the
single family residence. No significant public views are
available from the site, additionally the structure is
proposed to maintain the standard height limit of 26 feet.
The structure is proposed to be setback a minimum of 25 feet
from the edge of the private road easement therefore traffic
circulation on the private road easement and the adjoining
Hermes Avenue will not be affected.
section 23.08.076 - Building Design
The colors and materials proposed for the project are
compatible in appearance and relate to the scale and style of
the proposed structure so that there is a continuity of all
the design elements. The proj ect proposes a var iety of
materials within a similar color scheme (grey/brown/white) so
that visual interest is achieved, and harmony and continuity
among the exterior elevations is also maintained. The mass of
the structure is offset by the various rooflines proposed and
by maintaining the garage as single story. Addi tionally,
different sizes and shapes of windows are proposed which add
design interest to the building elevations. A balance between
visual interest and proportion and continuity of design
elements is achieved in the proposed project.
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. Different design features such as colors, materials,
rooflines, window shapes and placement, front entry and
chimney treatments and building orientations have been
proposed for the homes on the subject parcel (Parcel 2) and
the northerly adjacent parcel (Parcell) to give each home a
different appearance, while at the same time remaining
compatible. Additionally, the design of the subject structure
is compatible and harmonious with the residential structures
on other adjacent properties in that similar materials are
utilized and the scale of structure proposed is in keeping
with the scale of adjacent structures.
section 23.08.077 - Landscape Design
The proposed landscape plan in the front of the house provides
a variety of shrubs and trees, as well as a grass lawn, which
will work to enhance the proposed residence. Additionally a
line of shrubs and one tree is proposed at the northerly
boundary of the site which will work to screen the garage
opening and parking area from the adjacent property. The
landscape plan proposes to retain the three existing trees in
the rear yard and the existing tree in the front yard.
Conclusion: Therefore, the Board finds that the proposed
single family residence is in substantial compliance with the
. Design Review Guidelines.
c. The project would adversely effect the health, safety, or
general welfare of the community.
D. The project would cause the surrounding neighborhood to
depreciate materially in appearance or value.
Facts: The applicant is requesting a design review permit for
the construction of a new single family residence in the R-8
zone. The parcel was recently created as a result of Parcel
Map 16497. Public utilities, including water and sewer, are
connected to the site. Drainage on the site will be
accommodated through a five foot drainage easement and pipe to
the west of the property.
Discussion: There is no evidence that this project will
adversely affect the health, safety or general welfare of the
community. Additionally, quality materials and compatible
colors are proposed for the subject structure which are
suitable for a single family residential structure, therefore
the project should not cause the surrounding neighborhood to
depreciate in appearance or value.
Conclusion: The Board finds that this project will not
. negatively affect the community.
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. ATTACHMENT liB"
CONDITIONS OF APPROVAL
RESOLUTION NO. L-92-07
Applicant: Bruce Aguinaldo
Case No. 92-069 DR
Subject: Conditions of approval for a Design Review Permit
for a single family residence.
Location: 1380 Hermes Avenue
1. GENERAL CONDITIONS
A. This approval will expire on June 4, 1994, at 5:00 p.m.,
two years from the date of approval, 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
within 15 days from the date of this approval.
C. The project is approved as submitted/modified as
evidenced by the Building Plans including Adjacent sites
Plan, site Plan, Floor Plan and Building Elevations dated
. May 4, 1992, received by the City of Encinitas on May 5,
1992, consisting of four sheets; and the Landscape and
Irrigation Plans dated May 4, 1992, received by the City
of Encinitas on May 5,1992, consisting of two sheets and
signed by a City official as approved by the Leucadia
Community Advisory Board on June 4,1992 and shall not be
altered without review and approval by the authorized
agency.
D. 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;
E. Approval of this request shall not waive compliance with
any sections of the Zoning Code and all other applicable
~ity Ordinances in effect at the time of Building Permit
1ssuance.
F. 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 submittal.
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. G. Permits from other agencies will be required as follows:
L California Coastal Commission
iL San Dieguito Water District
iiL Leucadia County Water District
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND
COMMUNITY DEVELOPMENT REGARDING COMPLIANCE WITH THE FOLLOWING
CONDITIONS:
2. SITE DEVELOPMENT
A. Prior to issuance of building permits all conditions of
approval contained herein shall be completed to the
satisfaction of the Director of 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 made prior to issuance of
building permits.
. C. Building height of said structure shall be limited to 26
feet as measured from the lower of natural or finished
grade in conformance with section 30.16.010B7 of the
Municipal Code. The chimney, including the chimney cap,
shall be limited to 30" in width and a height of 28 feet
as measured from the lower of natural or finished grade
in conformance with Section 30.16.010B7.d of the
Municipal Code.
D. Structural heights shall be verified by a licensed civil
Engineer or surveyor prior to framing inspection to
assure conformance to approved plan heights.
E. A plan shall be submitted for approval by the Director of
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.
H. All required plantings and approved irrigation systems
shall be in place prior to use or occupancy of new
buildings or structures. All required plantings and
irrigation systems shall be maintained in good condition,
and whenever necessary, shall be replaced with new
.
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. materials to ensure continued compliance with applicable
landscaping, buffering, irrigation and screening
requirements as setforth in the landscape plan and
irrigation plan dated May 4, 1992 and received by the
City of Encinitas on May 5, 1992 and on file in the
Department of Planning and Community Development. All
landscaping and associated automatic irrigation systems
shall be maintained in a manner that will not depreciate
adjacent property values and otherwise adversely affect
adjacent properties.
J. Mail boxes, shall be installed and located by the
developer subject to approval by the Communi ty
Development Department unless written information is
provided by the postal service to state otherwise.
K. Minor modifications to this Design Review, if deemed to
be in substantial conformance with the original approval,
may be approved, in writing, by the Director of Community
Development. The Director may refer any modification
request to the Leucadia community Advisory Board for
their review/approval in accordance with the Municipal
Code.
. THESE ITEMS MUST BE COMPLETED PRIOR TO FINAL FIRE DISTRICT
APPROVAL. APPLICANT SHALL CONTACT THE ENCINITAS FIRE
PROTECTION DISTRICT REGARDING COMPLIANCE WITH THE FOLLOWING
CONDITIONS:
3. FIRE
A. The clear width and unobstructed paved width of a fire
access roadway shall not be less than twenty feet.
B. Address numbers shall be clearly visible from the street
fronting the structure. The height of numbers shall
conform to Fire District standards. 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
affixed to this monument.
C. All new 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 building permit issuance the applicant shall
. verify to the Planning Department that all development
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. impact, plan check and/or cost recovery fees have been
paid or secured to the satisfaction of the Encinitas Fire
Protection District.
APPLICANT SHALL CONTACT THE ENGINEERING DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
All City Codes, regulations,a nd policies in effect at the time of
building permit issuance shall apply.
4. GRADING
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 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 tot he
city Engineer and verify compliance with Chapter 23.24 of
the Encinitas Municipal Code.
. C. No grading shall occur outside the limits of the PROJECT
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 prior to building
permit issuance or at first submittal of a grading plan.
F. 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
operation.
5. DRAINAGE CONDITIONS
A. The developer shall exercise special care during the
construction phase of this proj ect to prevent any offsi te
siltation. The developer shall provide erosion control
. measures and shall construct temporary
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. desiltation/detention basins of type, 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.
B. 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.
C. Concentrated flows across driveways and/or sidewalks
shall not be permitted.
.
7. STREET CONDITIONS
A. A registered civil Engineer of a licensed land surveyor
shall provide a signed statement that:
liThe existing private roads of access to he project are
within the easements for the benefit of the land
division".
B. Reciprocal access and maintenance and/or agreements shall
be provided ensuring access to all parcels over private
roads, drives or parking areas and maintenances thereof
to the satisfaction of the Director of Public Works.
C. Developer shall execute and record a covenant with the
County Recorder agreeing not to oppose the formation of
an assessment district to fund the installation of right-
of-way or public drainage improvements.
D. The design of all private streets and drainage systems
shall be approved by the City Engineer prior to ISSUANCE
OF ANY GRADING OR BUILDING PERMIT for this project. The
structural section of all private streets shall conform
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. to city of Encinitas Standards based on R-value tests.
The standard improvement plan check deposit is required.
APPLICANT SHALL CONTACT THE APPROPRIATE AGENCY REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
7. 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
S.D.G. & E., Pacific Telephone, and Cable TV authorities
and all other affected utilities.
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.
. APPLICANT SHALL CONTACT THE BUILDING DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
8. Buildinq:
Complete building plans shall be submitted to the Building
Department for plan check of the Uniform Building Code
requirements.
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