1988-42
- ------------------------------..--------------
RESOLUTION NO. L88-42
A RESOLUTION OF THE LEUCADIA COXHUNITY ADVISORY BOARD OF THE
CITY OF ENCINITAS, APPROVING A
DESIGN REVIEW PERMIT, AND CERTIFYING
A NEGATIVE DECLARATION OF ENVIRONHENTAL IMPACT
TO ALLOW CONSTRUCTION OF THREE SINGLE FAMILY DETACHED
RESIDENCES, EACH ON A SEPARATE LOT
LOCATED AT 1373 HYGEIA AVENUE
(CASE NUMBER 88-155 DR/EIA)
WHEREAS, a request for consideration of a Design Review
Permit, and a Negative Declaration of Environmental Impact was
filed by Artisan Development, Inc. to allow construction of three
single family detached residences, each on a separate lot, as per
Chapter 23.08 of the City of Encinitas Municipal Codes, for the
property located at 1373 Hygeia Avenue, also known as assessor's
parcel number 254-112-03, legally described as;
SEE ATTACHMENT "A"
WHEREAS, a public hearing was conducted on the application on
June 16, September 15, September 29, October 27, November 17,
December 1 and December 15, 1988; and
WHEREAS, the Community Advisory Board of the City of Encinitas
considered:
1. The staff reports dated June 9, September 8, September
22, October 20, November 10 and December 9, 1988;
2. The application, maps, and plans 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 Program, Zoning
Code and Maps.
BF/04/CRO4-154WP (1-16-89-5) CASE NUMBER: 88-155 DR
PAGE 1 OF 11
--_.. .. ---- --- ---..------ ---......---------..------- .. --
WHEREAS, the Leucadia Community Advisory Board made the
following findings pursuant to Chapter 23.08 of the City of
Encinitas Municipal Code:
SEE ATTACHMENT "B"
NOW, THEREFORE, BE IT RESOLVED by the Leucadia Community
Advisory Board of the City of Encinitas that Tentative Parcel Map,
Design Review, and Environmental Initial Assessment Application 88-
155 DR/EIA 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 will not have a
significant effect on the environment and a Negative Declaration
is hereby certified, pursuant to the California Environmental
Quality Act (CEQA).
PASSED AND ADOPTED this 15th day of December, 1988, by the
-..
following vote, to wit:
AYES: Goldstein, Eldon, Reed, Harwood
NAYS: Dean
ABSENT: None ~~--
Michael Goldstein, Chairman
of the Leucadia Community
Advisory Board of the
city of Encinitas
BF/04/CRO4-154WP (1-16-89-5) CASE NUMBER: 88-155 DR
PAGE 2 OF 11
"""--" """--..---- ------------ - -------------..
ATTACHMENT "A"
LEGAL DESCRIPTION
LOTS 1 THROUGH 4 INCLUSIVE IN FRACTIONAL BLOCK 36 OF NORTH
LEUCADIA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 524, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 6, 1988.
THE WESTERLY HALF OF THE UNNAMED STREET (NOW CLOSED TO PUBLIC
USE) ADJOINING SAID BLOCK 36 ON THE EAST; THAT PORTION OF THE
SOUTHERLY 15.60 FEET OF THE NORTHERLY HALF OF MARATHON STREET
(NOW CLOSED TO PUBLIC USE) LYING BETWEEN THE EASTERLY LINE OF
HYGEIA AVENUE AND A LINE WHICH IS PARALLEL WITH AND 114.18
FEET WESTERLY AT RIGHT ANGLES FROM THE SOUTHERLY PROLONGATION
OF THE NORTH AND SOUTH CENTER LINE OF BLOCK 25 OF SAID NORTH
LEUCADIA, AND THAT PORTION OF THE SOUTHERLY HALF OF MARATHON
STREET (NOW CLOSED TO PUBLIC USE) ADJOINING LOT 1 IN SAID
BLOCK 36 AND LYING WESTERLY OF A LINE WHICH IS PARALLEL WITH
AND 114.18 FEET WESTERLY AT RIGHT ANGLES FROM THE SOUTHERLY
PROLONGATION OF THE NORTH AND SOUTHER CENTER LINE OF BLOCK 25
OF SAID NORTH LEUCADIA; TOGETHER WITH THAT PORTION OF THE
EASTERLY 20.00 FEET OF HYGEIA AVENUE (NOW CLOSED TO PUBLIC
USE) LYING WESTERLY OF AN ADJOINING SAID SOUTHERLY 16.50 FEET
OF THE NORTHERLY HALF OF MARATHON STREET ABOVE DESCRIBED.
--
BF/04/CRO4-154WP (1-16-89-5) CASE NUMBER: 88-155 DR
PAGE 3 OF 11
. ..." "-""'---'-""-----"-----"---""""""h"" -"'-'--"---....
ATTACHMENT "B"
FINDINGS FOR DESIGN REVIEW (SECTION 23.08.076 MUNICIPAL CODE)
23.08.072 REGULATORY CONCLUSIONS - GENERALLY.
A. 1. The proj ect design is inconsistent with the General Plan,
a Specific Plan or the provisions of this Code.
Evidence to Consider:
The single family dwelling development at approximately
4.3 dwelling units per acre is consistent with both the
present General Plan (#7 Residential - 10.9 du/ac) and
the draft General Plan (Residential 3-5 du/ac).
2. The proj ect design is substantially inconsistent with
the Design Review Guidelines.
Evidence to Consider:
The project is in character with the surrounding
neighborhood, sensitive to the characteristics of the
subject, and otherwise in substantial compliance with
the City's Design Review Guidelines.
3. The project would 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 Negative Declaration has been certified by the Board.
4. The project would tend to cause the surrounding
neighborhood to depreciate materially in appearance or
value.
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 project is compatible in structural size
(bulk and mass) to adjacent properties as the proposed
structures are two stories and residential in appearance.
6. There is reasonable probability that the land use and
design proposed will be consistent with the General Plan
proposal being considered or studies since the proposed
General Plan is consistent with the currently adopted
General Plan.
BF/04/CRO4-154WP (1-16-89-5) CASE NUMBER: 88-155 DR
PAGE 4 OF 11
.. .. ---------------------------
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 proj ect is in conformance with Section
23.08.074 of the Design Review Ordinance relative to
Design and Site Layout as the proposal is to site the
project within and upon the existing disturbed site.
9. The proposed proj ect is in conformance wi th Section
23.08.076 of the Design Review Ordinance relative to
Building Design in that the structures are designed to
blend in with the adjacent structures and incorporate
similar finish materials.
10. The proposed proj ect is in conformance with section
23.08.077 of the Design Review Ordinance relative to
Landscape Design in that the proposed project is
preserving the naturally vegetated site as much as
possible and is proposing to add several specimen plants
adjacent to the proposed structures.
11. The proposed proj ect design does preserve significant
public views of and through the proposed project to the
extent possible as the structure will be built
approximately below the existing line created by the tree
canopy, and that the Board has determined that some of
the significant views are being maintained for
neighboring properties with the project as designed.
12. The project takes advantage of views and/or protects to
the extent possible, some of the significant views
enjoyed by the residents of nearby properties, since it
is proposed to be constructed in such a location on the
site so as not to block a substantial portion of adjacent
significant views.
13. The proposed design complies with all other applicable
requirements of state law and local ordinances.
B. Pursuant to Ordinance 87-80, the Leucadia Community Advisory
Board makes the following findings relating to view impact
criteria:
14. That the proj ection out of the building envelope does not
significantly impact the views of adjacent properties,
in that the project takes advantage of views while
maintaining some of the significant views enjoyed by
residents of nearby properties.
15. That the project is compatible in structural size (bulk
and mass) to adjacent properties and neighborhood.
BF/04/CRO4-154WP (1-16-89-5) CASE NUMBER: 88-155 DR
PAGE 5 OF 11
--- ..----------""-"""-""------""----""""""-"'-"--"-.-------..
ATTACJDŒNT "C"
STANDARD CONDITIONS
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND
COXHUNITY DEVELOPMENT REGARDING COMPLIANCE WITH THE FOLLOWING
CONDITIONS (ITEMS 1 THROUGH 33):
GENERAL CONDITIONS
1. This approval will expire on December 15, 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.
9. Permits or findings of exemption shall be obtained from
other agencies as follows:
a. Coastal Commission
BF/04/CRO4-154WP (1-16-89-5) CASE NUMBER: 88-155 DR
PAGE 6 OF 11
------ -------......--..-.----....-..----...-.---,,--..----..
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 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. These fees
shall be paid prior to (as applicable):
a. Final map approval; or
b. Building permit issuance; or
c. 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.
16. Mail boxes, shall be installed and located by the
developer subject to approval by the authorized agency
(agent) pursuant to Design Review unless written
information is provided by the post office to state
otherwise.
17. Trash receptacle(s) shall be enclosed by a 6 foot high
decorative masonry wall with view-obstructing gates
(individual units may have storage in garages if so
designated on plans). Design and location shall be
subject to review and approval by the authorized agency
(agent).
18. All roof appurtenances, including air conditioners, shall
be architecturally integrated, shielded from view and
BF/04/CRO4-154WP (1-16-89-5) CASE NUMBER: 88-155 DR
PAGE 7 OF 11
-- - ----------"-"---""--"--"-"--------""-"----""--""""""""........-------_....
sound buffered from adjacent properties and streets as
required and approved by the authorized agency (agent).
19. 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.
20. 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.
21. Building elevations, materials and colors are approved
as submitted or modified.
22. Applicant shall submit to the Planning and Community
Development Department a security construction plan for
review and approval by the authorized agency (agent).
Said Plan shall identify any temporary fencing, temporary
parking and circulation, project access and the like.
23. Any change to the natural drainage or concentration of
drainage shall be adequately handled and shall not impact
adjacent properties.
24. A plan shall be submitted for approval by the Director
of the Planning and Community Development Department 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.
25. Existing sewage disposal facilities shall be removed,
filled and/or capped to comply with appropriate grading
practices and the Uniform Plumbing Code.
PARKING AND VEHICULAR ACCESS
26. Driveways shall meet the standards of the Zoning
Ordinance, Pub I ic Works Standards, and the off street
Parking Design Manual.
LANDSCAPING
27. A detailed landscape and irrigation plan shall be
submitted to and approved by the authorized agency
(agent) prior to the issuance of building permits.
BF/04/CRO4-154WP (1-16-89-5) CASE NUMBER: 88-155 DR
PAGE 8 OF 11
...... .-----..--..----...--.........----..----..-......-..............--.......... """""".""---"""""""""-""".
28. A Master Plan of the existing on-site trees shall be
provided to the authorized agency (agent) prior to the
issuance of building permits and prior to grading, to
determine which trees shall be retained.
29. Existing on-site trees shall be retained wherever
possible and 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)
during the review of the Master Plan of existing on-site
trees. Those trees which are approved for removal shall
be replaced on a tree-for-tree basis as required by the
authorized agency (agent).
30. The height required for hedges or other dense landscaping
is the height to be attained within 3 years after
planting.
31. Landscaping shall be maintained in such a way so view
corridors are not blocked.
SIGNS
33. Any signs proposed for this development shall be designed
and approved in conformance with the Sign Ordinance.
APPLICANT SHALL CONTACT THE ENCINITAS FIRE PROTECTION DISTRICT
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS (ITEMS 34
AND 35):
FIRE
34. 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 Encinitas
Fire Protection District.
35. 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
si te. 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.
BF/04/CRO4-154WP (1-16-89-5) CASE NUMBER: 88-155 DR
PAGE 9 OF 11
APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS: (ITEMS 36 THROUGH
45):
GRADING
36. Grading of the subject property shall be in accordance
with the Grading Ordinance.
37. 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 final map approval; or
b. Prior to building permit issuance; or
c. At first submittal of a grading plan.
38. 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 enjoyment of a 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).)
39. 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.
40. 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.
41. 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.
42. An Irrevocable Offer of Dedication (I.O.D.) shall be made
for 5 feet along Hygeia Avenue adjacent to the property
for public right-of-way purposes.
BF/04/CRO4-154WP (1-16-89-5) CASE NUMBER: 88-155 DR
PAGE 10 OF 11
Hygeia Avenue is classified as a local street requiring
a 60 foot right-of-way or 30 feet from the official
centerline of such street.
DRAINAGE AND FLOOD CONTROL
43. A drainage system capable of handling and disposing of
all surface water originating within the development, and
all surface waters that may flow onto the development
from adjacent lands, shall be required. said drainage
system shall include any easements and structures as
required by the Director of Public Works to properly
handle the drainage.
44. Portland cement concrete cross gutters shall be installed
where water crosses the roadways.
45. Concentrated flows across driveways and/or sidewalks
shall not be permitted.
APPLICANT SHALL CONTACT THE APPROPRIATE AGENCY REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS (ITEMS 46 THROUGH
52):
UTILITIES
46. All proposed utilities within the project shall be
installed underground including existing utilities, as
required, unless exempt by the Municipal Code.
47. utility easements shall be provided to the specification
of the serving utility companies and the Director of
Public Works.
48. The developer shall be responsible for the relocation
and undergrounding of existing public utilities, as
required.
49. Water, sewer, and fire protection systems plans shall be
designed and constructed to meet requirements of the city
of Encinitas, Fire District, Appropriate Agency and the
Health Department of the County of San Diego.
50. Applicant shall provide a letter of availability from
the appropriate utility serving agencies prior to
granting permits or approval of final map.
51. Cable television services shall be provided and installed
underground. The developer shall notify the Cable
company when trenching for utilities is to be
accomplished. A permit shall be obtained from the Public
Works Department.
52. That all required improvements conform to City Standards.
BF/04/CRO4-154WP (1-16-89-5) CASE NUMBER: 88-155 DR
PAGE 11 OF 11