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1989-15 RESOLUTION NO. L-89-15 8 A RESOLUTION OF THE LEUCADIA COMMUNITY ADVISORY BOARD TO APPROVE DESIGN REVIEW TO CONSTRUCT A TWO UNIT CONDOMINIUM PROJECT AND TO PERMIT A PORTION OF THE ROOF TO EXCEED THE HEIGHT ENVELOPE FOR A PROPERTY LOCATED AT 172 JUPITER STREET (CASE NO. 89-127-DR) WHEREAS, a request for consideration of Design Review and permission to permit a portion of the roof to exceed the height envelope was filed by Joel Sweet to allow the construction of a two unit condominium project, pursuant to sections 23.08 and 30.16. (B) (7) (b) of the City of Encinitas Municipal/Zoning Codes, for the property located at 172 Jupiter street, legally described as: That portion of Lot 10, in Block 3 of SOUTH COAST PARK NO.4, 8 in the County of San Diego, State of California, according to Map thereof No. 2049, filed in the Office of the County Recorder of San Diego County, July 26, 1927, as more fully described in ATTACHMENT "A" attached hereto and becoming a part hereof. WHEREAS, a public hearing was conducted on the application, August 10, 1989 and all persons desiring to be heard were heard; and WHEREAS, evidence was submitted and considered to include without limitation: 1. The staff report dated July 28, 1989; 2. The proposed General Plan, Local Coastal Program, Zoning Code and maps; 8 CASE NO. 89-127-DR CO/02/CRO5-355wp5 1(8-24-89) PAGE 1 OF 16 ~ 8 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 Design Review findings pursuant to section 23.08 of the Municipal Code (See Attachment B) and the findings required to exceed the maximum building height envelope pursuant to section 30.16.B(7) (b) of the Zoning Code (See Attachment C). NOW, THEREFORE, BE IT RESOLVED by the Leucadia Community Advisory Board of the City of Encinitas that the Design Review and Height Variance Application is hereby approved subject to the 8 following conditions: II. STANDARD CONDITIONS 1. GENERAL CONDITIONS A. This approval will expire in two years, on August 10, 1991, at 5:00 p.m. 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 agency within 15 calendar days from the date of this approval. C. 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. D. Nothing in this permit shall authorize the applicant 8 CASE NO. 89-127-DR COj02jCRO5-355wp5 2(8-24-89) PAGE 2 OF 16 ~ 8 to intensify the authorized activity beyond that which is specifically described in this permit. E. Approval of this request shall not waive compliance wi th any sections of the Zoning Development Code and all other applicable City Ordinances in effect at the time of Building Permit issuance unless specifically waived here. 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 issuance unless specifically waived here. G. 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. If the applicant is not able . to obtain building permits due to a growth management program within the two year period, this approval may be extended by the Director of Planning and Community Development to allow 8 for the issuance of building permits. H. Permits from other agenc1.es will be required as follows: a. Coastal Commission 1. Prior to issuing a final inspection on framing, the applicant shall provide a survey from a licensed surveyor or a registered civil engineer verifying the building height is in compliance with the design review permit. J. Although the Zoning Ordinance may define certain building heights as two story structures, the Uniform Building Code may define the structure as a three story building requiring an additional exit or other improvements. K. Project is approved as submitted/modified as evidenced by the plot plan dated June 16, 1989 received by the City of Encinitas on June 21, 1989 and signed by a city Official as approved by the Leucadia Community Advisory Board/Planning Commission/City Council on August 10, 1989 and 8 CASE NO. 89-127-DR CO/02/CRO5-355wp5 3(8-24-89) PAGE 3 OF 16 ¡ 8 shall not be altered without Planning and 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 which are dated and signed as approved on August 20, 1989 by Community Advisory Board/Planning Commission/City Council and which are on file in the Planning and Community Development Department and the conditions contained herein. B. Mail boxes, shall be installed and located by the developer subj ect to approval by the authorized agency pursuant to Design Review unless written information is provided by the postal service to state otherwise. C. All roof appurtenances, including air conditioners, 8 shall be architecturally integrated, shielded from view and sound buffered from adjacent properties and streets as required and approved by the Department of Planning and Community Development. D. Prior to any use of the project all conditions of approval contained herein shall be completed to the satisfaction of the Director of Planning and 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. Arrangements to pay these fees shall be paid prior to final map approval. F. site plan, building elevations, materials and color are approved as submitted as shown on the plans dated June 16, 1989 and on file in the Department of Planning and Community Development subject to the following modification: 8 CASE NO. 89-127-DR CO/02/CRO5-355wp5 4(8-24-89) PAGE 4 OF 16 8 . The exterior floor level of the bay windows on the rear elevation of Unit A and the front elevation of unit B will be raised a minimum of 6 inches. G. Owner(s) shall enter into and record a covenant satisfactory to the City Attorney waiving any claims of liability against the city and agreeing to indemnify and hold harmless the city and City's employees relative to the approved project. H. Revised plans reflecting these modifications shall be submitted to the Planning and Communi ty Development Department prior to submittal in plan check. 1. Any change to the natural drainage or concentration of drainage shall be adequately handled and shall not impact adjacent properties. J. A . plan shall be submitted for approval by the Director of Planning and Community Development and the Encini tas Fire Department regarding the security treatment of the site during the 8 construction phase, the on- and off-site 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 Offstreet Parking Design Manual. B. A covenant shall be executed prohibiting the parking of all recreational vehicles unless fully screened recreation vehicle parking is provided on the site. 4. LANDSCAPING A. The site shall be landscaped in accordance with the landscape plan dated June 16, 1989, received by the Planning and Community Development Department on June 21, 1989 and approved by the Leucadia Community Advisory Board on August 10, 1989 subject to the following modifications: 8 CASE NO. 89-127-DR COj02jCRO5-355wp5 5(8-24-89) PAGE 5 OF 16 ~ 8 a. All bamboo on site shall be removed. 0 b. The two New Zealand Christmas trees shown on the plan in the rear yard shall be replaced with either Melaleuccas or Queen Palms (24" box). c. Three additional 24" box Melaleuccas or Queen Palms shall be added to the site (excluding the street tree and the Monterrey Pine). The location of these trees shall be mutually determined by agents of the applicant and the owner of the property immediately to north of the project site in order to avoid view blockage. B. The landscape plan shall meet the standards of the Zoning Ordinance, Grading Ordinance, Landscape Guidelines and Offstreet Parking Design Manual. c. 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 8 approved for removal at the discretion of the Planning and Community Development Department. Those trees which are approved for removal shall be replaced on a tree-for-tree basis as required by the Planning and Development Department. D. A minimum of one tree (Melaleucca 24" box) shall be provided for the project to the satisfaction of the Planning and Community Development Department. Existing mature Monterrey pine shall be retained and attained as a second street tree. 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, and screening requirements. All landscaping shall be maintained in a manner that will not depreciate adjacent property values and otherwise adversely affect adjacent properties. 8 CASE NO. 89-127-DR CO/02/CRO5-355wp5 6(8-24-89) PAGE 6 OF 16 8 F. The height required for hedges other dense or 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. A standard covenant specifying this condition shall be recorded with the County Recorder to give constructive notice to future purchasers of the site. APPLICANT SHALL CONTACT THE ENCINITAS FIRE PROTECTION DISTRICT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 5. FIRE A. 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 Fire 8 District. B. Numbers shall be clearly visible from the street fronting the structure. 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. Address numbers shall be displayed on this monument. C. structures shall be protected by automatic fire sprinkler systems. Sprinkler systems shall be installed to the satisfaction of the Encinitas Fire Protection District. D. All tentative maps filed with the City or District shall require, as a standard condition, annexation to the Fire District Benefit Assessment Area. E. Prior to final recordation, the applicant shall submit a letter from the Fire District stating that all development impact, plan check and/or cost recovery fees have been paid or secured to the satisfaction of the District. 8 CASE NO. 89-127-DR CO/02/CRO5-355wp57(8-24-89) PAGE 7 OF 16 8 . APPLICANT SHALL CONTACT THE COMMUNITY SERVICES DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 6. RECREATION A. The developer shall pay the Park Fee at the established rate at the date of final inspection or the date of the certificate of occupancy, whichever occurs later. APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 7. GRADING A. Grading of the subject property is defined by Chapter 23.24 of the Encinitas Municipal Code. Grading shall be performed under the observation of a registered 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 to the City 8 Engineer and verify compliance with Chapter 23.24 of the Encinitas Municipal Code. B. The final grading plan shall be a 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 permit, whichever comes first. C. No grading permits shall be issued for this subdivision prior to recordation of the final map or issuance of building permits. D. The developer shall obtain a grading permit pr1.or to the commencement of any clearing or grading of the site. E. No grading shall occur outside the limits of the PROJECT unless a letter of permission is obtained from the owners of the affected properties. F. All manufactured slopes within this project shall be no steeper than 2:1. 8 CASE NO. 89-127-DR COj02jCRO5-355wp5 8(8-24-89) PAGE 8 OF 16 I 8 0 G. 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. H. The owner of the subject property shall execute a hold harmless covenant regarding drainage across the adjacent property prior to approval of THE FINAL MAP for this project. I. 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 operations. . 8. STREETS AND SIDEWALKS 8 (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 Section 24.01.180.) A. 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. B. Prior to any work being performed in the public right-of-way, a right-of-way construction permit shall be obtained from the Department of Public Works and appropriate fees paid, in addition to any other permits required. C. The developer shall pay the Traffic Mitigation Fee at the established rate at the date the final tt CASE NO. 89-127-DR CO/02/CRO5-355wp59(8-24-89) PAGE 9 OF 16 8 inspection or the date the certificate of occupancy is issued, whichever occurs later. D. An Irrevocable Offer of Dedication (LO.D.) shall be made for 10 feet along Jupiter street adjacent to the property for public right of way purposes. Jupiter street is classified as a urban street requ1.r1.ng a 60 foot right of way or 30 feet from the official centerline of such street. The developer shall make an offer of dedication to the City for all public streets and easements required by these conditions or shown on the tentative map. The offer shall be made by a certificate on the final map for this project. All land so offered shall be granted to the City free and clear of all liens and encumbrances and without cost to the city. streets that are already public are not required to be rededicated. E. Developer shall execute and record a covenant with the County Recorder agreeing not to oppose the formation of an assessment district to fund the 8 installation of right of way improvements. APPLICANT SHALL CONTACT THE APPROPRIATE AGENCY REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 9. UTILITIES A. The developer shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies regarding services to the project. B. The Subdivider shall provide separate sewer, water, gas, and electric services with meters to each of the units. C. The developer shall be responsible for coordination with S.D.G. & E., Pacific Telephone, and Cable TV authorities. D. All proposed utilities within the project shall be installed underground including existing utilities unless exempt pursuant to the Municipal Code. 8 CASE NO. 89-127-DR COj02jCRO5-355wp5 10(8-24-89) PAGE 10 OF 16 8 E. The developer shall be responsible for the relocation and undergrounding of existing public utilities, as required. F. utility easements shall be provided to the specification of the serving utility companies and the Director of Public Works. G. 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. 10. GENERAL REOUIREMENTS AND APPROVALS A. Final parcel and tract maps shall conform to City standards and procedures and the Subdivision Map Act. B. All provisions of the Subdivision Ordinance of the Encinitas Municipal Code shall be met as they 8 relate to the division of land including the standard conditions of approval as attached unless specifically waived herein. 11. STANDARD MAP CONDITIONS (Chapter 24.16 of the Municipal Code) A. That the subdivider comply or agree to comply with all the conditions of approval contained in the resolution approving the tentative tract map and not otherwise provided for by this Chapter. B. That all required improvements conform to City Standards. The Director of Public Works or his designee or the authorized agency (agent) has the authority to waive or modify any conditions within this document upon receipt of evidence indicating that the condition has been fulfilled or cannot be fulfilled due to circumstances beyond the control of the developer. 8 CASE NO. 89-127-DR COj02jCRO5-355wp5 11(8-24-89) PAGE 11 OF 16 , 8 PASSED AND ADOPTED this loth day of August, 1989, by the following vote, to wit: AYES: Eldon, Harwood, Kaden, Locko, Shur NAYS: None ABSENT: None ABSTAIN: None Harwood, Chairperson eucadia community Board ATTEST: -tv 8 8 CASE NO. 89-127-DR COjO2jCRO5-355Wp512(8-24-89) PAGE 12 OF 16 8 ATTACHMENT "A" LEGAL DESCRIPTION That portion of Lot 10, in Block 3 of SOUTH COAST PARK NO. 4, in the County of San Diego, State of California, according to Map thereof No. 2049, filed in the Office of the County Recorder of San Diego County, July 26, 1927, described as follows: Beginning at the Southwesterly corner of said Lot 10; thence along the Southerly line of said lot 10, North 74°16'30" East 7300 feet t an intersection with a line parallel with and 20.00 feet Westerly (Measured at right angles) from the Easterly line of said Lot 10; thence North 15°43'30" West 95.00 feet along said parallel line; thence along a line parallel with the Southerly feet line of said Lot 10; thence South 19°26'45" East 95.00 feet along said Westerly line to the POINT OF BEGINNING. 8 8 CASE NO. 89-127-DR CO/02/CRO5-355wp513(8-24-89) PAGE 13 OF 16 8 ATTACHMENT "B" LEUCADIA COMMUNITY ADVISORY BOARD RESOLUTION NO. L-89-15 Findings for Design Review Approval (Section 23.08.072 Municipal Code) A. 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 General Plan except for density. The Tentative Parcel Map which created condominium air rights for two units for the proj ect was approved prior to the adoption of the current General Plan and it was in compliance with codes in effect at the time. The density on the project, is, therefore, acceptable. 8 B. The project design is substantially consistent with the Design Review Guidelines. Evidence to Consider: The project is custom designed and conforms with the site potentials and constraints. Single garage doors were used on Unit B to preserve the large Monterrey Pine in the front yard. The contemporary styling appears to be consistent throughout the project. Colors and materials are coordinated, provide variety but are not excessive in number. The building is in scale and proportion with others in the neighborhood. A street tree will be added to counterbalance the pine. Red and yellow flowering plants will be used to coordinate and accent the yellow awning. Low water usage plants and grass will be used. In conclusion, the project is substantially consistent 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 is connected with all public utilities. Since there are currently no known safety hazards or public health 8 CASE NO. 89-127-DR COj02jCRO5-355wp5 14(8-24-89) PAGE 14 OF 16 8 hazards associated with the site, the proposed project should not adversely affect the health, safety or general welfare of the community. D. The project would not tend to cause the surrounding neighborhood to depreciate materially in appearance or value. Evidence to Consider: The proposed project is custom-designed, is coordinated in terms of facade treatment, color and materials and is compatible in bulk and scale with the newer structures in the neighborhood. The project, therefore, would not cause the surrounding neighborhood to depreciate materially in appearance or value. 8 8 CASE NO. 89-127-DR CO/02/CRO5-355wp515(8-24-89) PAGE 15 OF 16 8 ATTACHMENT "c" LEUCADIA COMMUNITY ADVISORY BOARD RESOLUTION NO. L-89-15 Findings to Exceed Maximum Height Envelope (Zoning Code, Section 30.16.B7b) Buildings may be approved through the Design Review process for a maximum height of 30 feet if it can be found that: (1) The portion of the building outside of the standard envelope maintains some of the significant views enjoyed by residents of nearby properties, and Evidence to Consider: Each unit has a stairway enclosure measuring 9 by 10 feet that projects one foot above the 26 foot building height envelope. Chimneys project about 3 feet above the 26 foot 8 level. with the exception of the duplex to the north, potentially affected residences which are located to the east are at least 5 to 15 feet below the grade of the proposed project. The lateral view of the duplex to the north may be impacted by the stair tower and chimney on Unit A. since this is not the primary view and since the portion of unit A in question is minimal in height and width, significant views of residents of nearby properties should be maintained. (2) The building is compatible in bulk and mass with buildings on neighboring properties. Evidence to Consider: While the proposed project is larger than some of the older one story structures in the area, it is not any more massive than several nearby duplexes and multi-unit developments. Facade articulation, decorative treatment and offsetting the units serve to reduce the appearance of bulk. In conclusion, the structure is compatible in bulk and mass with buildings on neighboring properties. 8 CASE NO. 89-127-DR CO/02/CRO5-355WP516(8-24-89) PAGE 16 OF 16 ... I