1988-38
RESOLUTION NO.: L88-38
A RESOLUTION OP THE LBUCADIA COHHUNITY ADVISORY BOARD
OP THE CITY OP ENCINITAS APPROVING
A DESIGN REVIEW TO ALLOW FOR CONSTRUCTION OF
A DUPLEX STRUCTURE
LOCATED AT 153 PHOEBE STREET
(CASE NUMBER 88-328 DR)
WHEREAS, a request for consideration of a Design Review was
filed by Jones & Powers to allow for construction of two units as
per Chapter 23.08 of the City of Encinitas Municipal/Zoning Codes,
for the property located at 153 Phoebe Street, also known as
assessor's parcel number 254-242-28, legally described as;
Lot 19, Block 5, of SOUTH COAST PARK NO. 2, in the City of
Encinitas, County of San Diego, State of California, according
to Map thereof No. 1859, filed in the Office of the County
Recorder of San Diego County, September 21, 1925.
WHEREAS, a public hearing was conducted on the application on
'-
December 1, 1988; and
WHEREAS, the Leucadia Community Advisory Board of the City of
Encinitas, considered:
1. The staff report dated November 21, 1988;
2. The application and maps submitted by the applicant;
3. Oral evidence submitted at the hearing;
4. written evidence submitted at the hearing; and
5. The proposed General Plan, Local Coastal Plan, the Zoning
Code and maps.
WHEREAS, the Leucadia Community Advisory Board of the City of
Encinitas made the following findings pursuant to the Municipal
Code:
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.- SEE ATTACHMENT "A"
NOW, THEREFORE, BE IT RESOLVED by the Leucadia Community
Advisory Board of the City of Encinitas that application is hereby
approved subject to the following conditions:
SEE ATTACHMENT "C"
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, Section 15303(b).
PASSED AND ADOPTED this 1st day of December, 1988, by the
following vote, to wit:
AYES: Eldon, Goldstein, Harwood, Reed
NAYS: None
ABSENT: Bill Dean ~1uI.t
Micha I Goldstein, Chairman
of the Leucadia Community
Advisory Board of the City
of Encinitas
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ATTACHMENT "A"
FINDINGS FOR DESIGN REVIEW (SECTION 23.08 MUNICIPAL CODE)
23.08.072 REGULATORY CONCLUSIONS - GENERALLY.
1. The project design is consistent with the General
Plan, a Specific Plan or the provisions of this
Code.
Evidence to Consider:
The proposed project is consistent with the present
RU-15 Zoning, the #8 designation of the present
General Plan and the 8-11 Residential designation
of the Land Use Policy Map of the City's Draft
General Plan as the use is allowed in these
designated zones.
2. The project design is substantially consistent with
the Design Review Guidelines.
Evidence to Consider:
The proposal preserves some significant views
enjoyed by nearby properties to the full extent
practical, reflects an acceptable level of design
appearance, takes into consideration the privacy
needs of the abutting residential area, incorporates
significant landscaping into the project, and
otherwise substantially conforms with the City's
adopted design criteria.
3. The project will not adversely affect the health,
safety or general welfare of the community.
Evidence to Consider:
Having identified no aspects in which this proposal
could have any significant adverse impacts on the
environment, a determination that this project is
exempt from CEQA per Section 15301(b) and 15315 has
been made.
4. The project will not tend to cause the surrounding
neighborhood to depreciate materially in appearance
or value.
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Evidence to Consider:
The Board determined that the project represents a
substantial improvement to the subject property and
thus will not be materially detrimental to the
surrounding neighborhood.
5. The proposed proj ect is compatible in structural
size (bulk and mass) to adjacent properties as the
~roposed structure is two stories and residential
l.n appearance.
6. There is reasonable probability that the land use
and design proposed will be consistent with the
General Plan proposal being considered or studied
since the proposal meets the density requirements
of both the proposed General Plan and the currently
adopted General Plan.
7. There is little or no probability of substantial
detriment to or interference with the future adopted
General Plan if the proposed design is ultimately
inconsistent with the plan, since the project is
allowed by the proposed General Plan.
8. The proposed project is in conformance with Section
23.08.074 of the Design Review Ordinance relative
.- to Design and site Layout since the proposal will
not disturb any substantial natural resources, does
not block any significant views, and has adequate
provisions for circulation.
9. The proposed project is in conformance with Section
23.08.076 of the Design Review Ordinance relative
to Building Design in that the structures are
designed to be reasonably compatible with the
adjacent structures and to incorporate similar
finish materials.
10. The proposed project is in conformance with Section
23.08.077 of the Design Review Ordinance relative
to Landscape Design in that the project proposes a
landscape plan which adequately treats the site with
acceptable planting materials.
11. The proposed project design does preserve
significant public views of and through the proposed
proj ect to the extent possible as the proposed
proj ect will be adj acent to existing structures, and
that the Board has determined that no significant
views will be blocked for neighboring properties.
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12. The project takes advantage of views and/or protects
-- to the extent possible, any significant views
enj oyed by the residents of nearby properties, since
it is proposed to be constructed so as not to block
any significant views.
13. The proposed design complies with all other
applicable requirements of state law and local
ordinances.
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- ATTACJDŒNT tiC"
I. STANDARD CONDITIONS
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND
COXHUNITY DEVELOPMENT REGARDING COMPLIANCE WITH THE FOLLOWING
CONDITIONS (ITBHS 1. THROUGH 22.):
GENERAL CONDITIONS
1. This approval will expire on December 1, 1990, after the
approval of this project unless the conditions have been
met or an extension has been approved by the authorized
agency (agent).
2. This approval may be appealed to the authorized agency
(agent) within 10 days from the date of this approval.
3. 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 (agent) to determine why the
City of Encinitas should not revoke this permit.
4. Upon a showing of compelling public necessity
- demonstrated at a noticed hearing, the City of Encinitas,
acting through the authorized agency (agent), may add,
amend, or delete conditions and regulations contained in
this permit.
5. Nothing in this permit shall authorize the applicant to
intensify the authorized activity beyond that which is
specifically described in this permit.
6. 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.
7. 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.
8. This approval shall become null and void if building
permits are not issued for this project within two
year(s) from the date of project approval.
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9. Permits or findings of exemption shall be obtained from
other agencies as follows:
a. Coastal Commission
10. Prior to issuing a final inspection on framing, the
applicant shall provide a survey from a civil engineer
or licensed surveyor verifying the building height is in
compliance with the design review permit.
11. Although the Zoning Ordinance may allow certain building
heights as two story structures, the U.B.C. may define
the structure as a three story building requiring an
additional exit or other improvements.
12. The application is approved as submitted/modified and
shall not be altered without authorized agency (agent)
review and approval.
13. For new or additions to residential dwelling unites),
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. These fees shall be paid prior to
(as applicable):
-- a. Building permit issuance; or
b. Final occupancy inspection.
SITE DEVELOPMENT
14. The 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.
15. Revised (if applicable) site plans and building
elevations incorporating all conditions of approval or
required modifications shall be submitted to and found
satisfactory by the Planning and Community Development
Department prior to issuance of building permits or any
other applicable approvals; specifically, the plan shall
show deletion of 2 parking spaces in front yard and
replacement of same with one parallel space abutting the
private driveway.
16. 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 authorized agency (agent).
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17. 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 the Planning and Community Development
Department.
18. 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.
19. Building elevations, materials and colors are approved
as submitted or modified.
20. Any change to the natural drainage or concentration of
drainage shall be adequately handled and shall not impact
adjacent properties.
21. Driveways shall meet the standards of the Zoning
Ordinance, Publ ic Works Standards, and the off street
Parking Design Manual.
22. 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. provisions shall be made to ensure a maximum water
pressure at the fire hydrant of 150 psi. The
installation of a pressure reducing station may be
required. Required fire hydrants shall be of a bronze
type.
23. Eliminate the two proposed parking spaces in the front
yard area and replace with one space parallel to the
adjacent drive aisle, as shown on the site plan corrected
at the hearing.
APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS: (ITEMS 23. THROUGH
34):
GRADING
24. Grading of the subject property shall be in accordance
with the Grading Ordinance.
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25. A soils/geological/hydraulic report (as applicable) shall
be prepared by a qualified engineer licensed by the state
of California to perform such work:
a. Prior to building permit issuance; or
b. At first submittal of a grading plan.
26. 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 permi t, whichever comes
first.
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 affecting the
property in question; and that such modification is necessary
for the preservation and enj oyment of 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 pursuant to Municipal
Code(s).)
27. All damaged off-site public works facilities, including
... parkway trees, shall be repaired or replaced prior to
exoneration of bonds and improvements, to the
satisfaction of the Department of Public Works.
28. Prior to any work being performed in the public right-
of-way, a right-of-way construction permit shall be
obtained from the Public Works office and appropriate
fees paid, in addition to any other permits required.
29. 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 improvements.
30. All Irrevocable Offers of Dedication (I.O.D.) shall be
made for 2 feet along Phoebe street adjacent to the
property for public right-of-way purposes.
Phoebe street is classified as a local street requiring
a 60 foot right-of-way or 30 feet from the official
centerline of such street.
31. Portland cement concrete cross gutters shall be installed
where water crosses the roadways.
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32. Concentrated flows across driveways and/or sidewalks
shall not be permitted.
33. All new proposed utilities within the project shall be
installed underground including existing utilities unless
exempt by the Municipal Code.
34. All required improvements must conform to City Standards.
35. Existing tree(s) within public right-of-way shall be
retained shall be trimmed and/or topped. Dead, or
decaying trees or trees that could be injurious to public
health, safety or welfare shall be approved for removal
at the discretion of the authorized agency ( agent) .
Those trees which are approved for removal shall be
replaced on a tree-for-tree basis as required by the
authorized agency (agent).
36. Applicant shall execute a covenant assuring the retention
of the significant street tree within the public right-
of-way adjacent to the site.
FIRE
37. The new 2-story apartment and garage shall be fully fire
sprinkled as per NFPA 13D.
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