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;
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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
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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
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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:
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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:
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8 a. All bamboo on site shall be removed.
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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.
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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.
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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.
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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
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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.
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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.
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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
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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
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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
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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
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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.
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