1989-08
Case No. 88-366-DR
RESOLUTION NO. 89-08
8 A RESOLUTION OF THE LEUCADIA
COMMUNITY ADVISORY BOARD APPROVING A
DESIGN REVIEW PERMIT FOR THE CONSTRUCTION OF A
DUPLEX TO REPLACE A DUPLEX DAMAGED BY FIRE LOCATED
AT 351 FULVIA STREET
(CASE NO. 88-366-DR)
WHEREAS, a request for consideration of a Design Review
Application was filed by Richard C. Russell to allow the
construction of a duplex to replace a duplex that had been
destroyed by fire, as per Chapter 23.08 of the City of
Encinitas Municipal/Zoning Codes, for the property located at
351 Fulvia street, legally described as:
Parcel 1 in the County of San Diego, State of California,
as shown at Page 2557 of Parcel Maps, filed in the Office
of the County Recorder of San Diego County, April 18, 1974
as File No. 74-098643 of Official Records.
WHEREAS, public hearings were conducted on the application
on April 13, 1989 and April 27, 1989 and all persons desiring
to be heard were heard; and
WHEREAS, evidence was submitted and considered to include
8 without limitation:
1. The staff reports dated April 6, 1989 and April 21,
1989;
2. The proposed General Plan, Local Coastal Program,
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 findings pursuant to section 23.08 of the 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
Application is hereby approved subject to the following
conditions:
(1) The project as submitted is approved and shall not be
altered without City approval.
(2) All structural improvements shall maintain the
setback requirements prescribed by the current zoning
8 code for the subject property. No patio slab shall
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CASE NO. 89-053-V
(3) The owner(s) shall submit proof of Coastal Commission
8 approval prior to issuance of a Building Permit.
(4) A licensed surveyor or civil engineer shall verify
the height of the structure at the time of framing
inspection to certify that the height shall conform
to approved plans.
(5) The developer shall execute and record a covenant for
the benefit of the City with the County Recorder
agreeing not to oppose the formation of an assessment
district to fund the installation of right-of-way
improvements.
(6) No obstructions shall be permitted within the public
right-of-way to the satisfaction of the Public Works
Department.
(7) If required by the Department of Public Works, a
drainage system plan for handling and disposing of
surface water originating within the project shall be
submitted to, and approved by, the Department of
Public Works. Concentrated flows across driveways
and/or sidewalks shall not be permitted.
(8) Construction plans must clearly show if lower level
is a basement or a story based on definitions in
8 section 403 and 420 of the Building Code. A second
exit is required from the 3rd level if it is
determined to be a 3rd story.
(9) If required by the City Fire Department, a fire
sprinkler system shall be installed per NFPA 13 D and
Encinitas Fire Ordinance specifications.
(10) No grading of the site shall occur during the rainy
season from October 15 to April 1.
(11) Owner(s) shall enter into a covenant waiving any
claims of liability against the City and agree(s) to
indemnify and hold harmless the City and City
Employees relative to the approved project. This
covenant is applicable to any bluff failure and
erosion resulting from the development project.
1. GENERAL CONDITIONS
A. This approval will expire on May 11, 1991, after the
approval of this project unless the conditions have
been met or an extension has been approved by the
8 Authorized Agency.
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CASE NO. 89-053-V
8 B. This approval may be appealed to the authorized agent
within 10 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 appl icant 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 Department
shall cause a noticed hearing to be sent 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;
8 G. Nothing in this permit shall relieve the applicant
from complying with the conditions and regulations
generally imposed upon activities similarly 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; and
I. 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.
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.
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.
8 L. Prior to permit issuance, the developer shall provide
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CASE NO. 89-053-V
evidence of a Coastal Development Permit or Notice of
8 Exemption from the California Coastal Commission
satisfactory to the community Development Department.
M. Project is approved as submitted/modified and shall
not be altered without Community Development
Department review and approval.
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND
COMMUNITY DEVELOPMENT REGARDING COMPLIANCE WITH THE
FOLLOWING CONDITIONS:
2. SITE DEVELOPMENT
A. site shall be developed in accordance with the
approved site plans on file in the community
Development Department and the conditions contained
herein.
B. Revised site plans and building elevations incor-
porating all conditions of approval shall be sub-
mitted to and found satisfactorily by the community
Development Department prior to issuance of building
8 permits.
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, 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. These fees shall be paid prior to building
permit issuance.
F. 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.
8
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CASE NO. 89-053-V
G. Building elevations materials and color are approved
8 as submitted.
H. Applicant shall submit to the Community Development
Department a security construction plan for review
and approval. Said Plan shall identify any temporary
fencing, temporary parking and circulation, project
access and the like.
1. Owner(s) shall enter into a covenant waiving any
claims of liability against the City and agree(s) to
indemnify and hold harmless the City and City's
employees relative to the approved project.
development project.
J. Revised elevations reflecting required modifications
shall be submitted to the Community Development
Department prior to submittal in plan check.
K. Any change to the natural drainage or concentration
of drainage shall be adequately handled and shall not
impact adjacent properties.
L. That a plan be submitted for approval by the Director
of Planning and Community Development and the
Encinitas Fire Protection District regarding the
treatment of the site during the construction phase,
8 and the 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, Public Works Standards, and the off street
Parking Design Manual.
B. Parking area shall be screened from adjacent
properties and/or public view with a combination of a
decorative wall and landscaping. Said screening
shall be reviewed and approved by the Community
Advisory Board.
4. LANDSCAPING
A. A detailed landscape and irrigation plan shall be
submitted to and approved by the Community
Development Department/Community Advisory Board prior
to the issuance of building permits.
8
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CASE NO. 89-053-V
B. The landscape plan shall meet the standards of the
8 Zoning Ordinance, Grading Ordinance and off street
Parking Design Manual.
C. A Master Plan of the existing on-site trees shall be
provided to the Community Development Board/Advisory
Board prior to the issuance of building permits and
prior to grading, to determine which trees shall be
retained.
D. 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 Community
Development Department 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.
E. 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,
8 and screening requirements. All landscaping shall be
maintained in a manner that will not depreciate
adjacent property values and otherwise adversely
affect adjacent properties.
F. The height required for hedges or other dense
landscaping is the height to be attained within 3
years after planting.
G. Landscaping shall be maintained in such a way so view
corridors are not blocked.
H. The applicant shall provide verification of State
Board of Equalization notification and that
appropriate reviews and/or approvals have been
accomplished to the satisfaction of the Assistant
City Manager.
APPLICANT SHALL CONTACT THE ENCINITAS FIRE PROTECTION
DISTRICT REGARDING COMPLIANCE WITH THE FOLLOWING
CONDITIONS:
5. FIRE
8 A. Prior to delivery of combustible building materials
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I
CASE NO. 89-053-V
on site, water and sewer systems shall satisfactorily
8 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 Department.
B. Submit a letter from the Encinitas Fire Protection
District stating that fire/fuel breaks have been
provided to the satisfaction of the District.
APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
6. GRADING
A. Grading of the subject property shall be in
accordance with the Grading Ordinance.
B. The final grading plan shall be a subject to review
and approval by the Public Works Department and shall
be completed prior to issuance of building permit.
8 7. STREETS AND SIDEWALKS
A. Improvement plans prepared on standard size sheets by
a Registered Civil Engineer shall be submitted for
approval by the Director of Public Works. Plan check
and inspection expenses shall be paid by the
developer.
B. All exterior street improvements shall be constructed
prior to issuance of building permits, to the
satisfaction of the Director of Public Works.
c. Street improvements that include, but are not limited
to grading of ultimate right of way shall be
completed prior to the occupancy of the units to the
satisfaction of the Director of Public Works for
Fulvia Street.
D. 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.
E. Prior to any work being performed in the public
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CASE NO. 89-053-V
right-of-way, a right-of-way construction permit
8 shall be obtained from the Public Works office and
appropriate fees paid, in addition to any other
permits required.
F. Street improvements and maintenance shall be made in
accordance with City Ordinance standards for urban
streets.
G. The developer shall pay the Traffic Mitigation Fee at
the established rate at the date the final inspection
or the date the certificate of occupancy is issued,
whichever occurs later.
H. Developer shall execute and record covenant with the
County Recorder agreeing not to oppose the formation
of an assessment district to fund the installation of
right-of-way improvements.
8. DRAINAGE AND FLOOD CONTROL
A. 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
8 required. Said drainage system shall include any
easements and structures as required by the Director
of Public Works to properly handle the drainage.
B. Concentrated flows across driveways and/or sidewalks
shall not be permitted.
APPLICANT SHALL CONTACT THE APPROPRIATE AGENCY REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
9. UTILITIES
A. All proposed utilities within the project shall be
installed underground including existing utilities
unless exempt by the Municipal Code.
B. utility easements shall be provided to the
specification of the serving utility companies and
the Director of Public Works.
C. The developer shall be responsible for the relocation
and undergrounding of existing public utilities, as
required.
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CASE NO. 89-053-V
8 D. 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.
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 15315 CEQA.
8
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CASE NO. 89-053-V
8 PASSED AND ADOPTED this 11th day of May, 1989, by the
following vote, to wit:
AYES:
NAYS:
ABSENT:
ABSTAIN:
ATTEST:
~ t2 . ~~
Craig Olson
Assistant Planner
8
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CASE NO. 89-053-V
8 ATTACHMENT II A II
Leucadia Community Advisory Board
RESOLUTION NO. 89-08
CASE NO. 89-053-DR
Findings For Design Review
(Section 23.08.076 Municipal Code)
23.08.072 Regulatory Conclusions - Generally.
A. The project design is consistent with the General
Plan, a Specific Plan or the provisions of this Code.
Evidence to Consider:
Since the project is a reconstruction of a fire damaged
duplex it must comply with the "Nonconformities" Section
30.76 of the Zoning Code. Current zoning would only permit
one dwelling unit on the site. The Code, however, does
permit the reconstruction of damaged buildings with the
same number of dwelling units if they meet all the current
site requirements for the zone. The project does meet
all requirements and, therefore, is consistent with the
8 Zoning Code.
B. The project design is substantially consistent
with the Design Review Guidelines.
Evidence to Consider:
Under section 23.08.076 Regulatory Conclusions - Building
Design, the project, as revised, was found to comply with
the Design Review Guidelines.
C. The project would not adversely affect the
health, safety or general welfare of the community.
Evidence to Consider:
The project does not intensify the existing use of the
subject location since a duplex reconstruction is
proposed.
D. The project would not tend to cause the
surrounding neighborhood to depreciate materially in
appearance or value.
Evidence to Consider:
~ The project will add architectural variation to the front,
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CASE NO. 89-053-V
sides, and rear elevations of the structure, and is well
8 articulated.
8
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