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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 CO/02/CRO4-218wp51(2-8-89-1) 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. CO/02/CRO4-218wp5 2(2-8-89-1) --- 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 COjO2jCRO4-218wp53(2-8-89-1) 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 CO/02/CRO4-218wp5 4(2-8-89-1) 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 CO/02/CRO4-218wp5 5(2-8-89-1) 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 CO/O2/CRO4-218wp5 6(2-8-89-1) I 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 C~2/CRO4-218WP5 7(2-8-89-1) 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. C~2/CRO4-218WP5 8(2-8-89-1) . 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 C~2/CRO4-218WP5 9(2-8-89-1) 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 C~2/CRO4-218WP5 10(2-8-89-1) 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, CO 02/CRO4-218wp5 11(2-8-89-1) CASE NO. 89-053-V sides, and rear elevations of the structure, and is well 8 articulated. 8 C~2/CRO4-218WP5 12(2-8-89-1)