1989-22
'.
RESOLUTION NO. L-89-22
. A RESOLUTION OF THE LEUCADIA
COMMUNITY ADVISORY BOARD TO APPROVE A DESIGN REVIEW PERMIT
TO CONSTRUCT A DUPLEX LOCATED AT 1375 VULCAN AVENUE
(CASE NO. 89-177-DR)
WHEREAS, a request for consideration of a Design Review Permit
was filed by Craig Conners to allow the construction of duplex, as
per Chapter 23.08 of the City of Encinitas Municipal Code, for the
property located at 1375 Vulcan Avenue, legally described as:
Lot 5, Block 3, South Coast Park, in the city of Encinitas,
County of San Diego, State of California, according to Map
thereof No 1776, filed in the Office of the County Recorder
of San Diego County, January 11, 1924. Excepting therefrom
the southerly 66.00 feet of the westerly 115.00 feet thereof.
WHEREAS, a public hearing was conducted on the application,
October 19, 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 October 6, 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 30.78 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
Permit application is hereby approved subject to the following
conditions:
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. II. STANDARD CONDITIONS
GENERAL CONDITIONS
1.
A. This approval will expire in two years, on October
19, 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. 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 applicant 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 and community
Development Department shall cause a noticed hearing
to be set 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
Encini tas, acting through the authorized agency, may
add, amend, or delete conditions and regulations
contained in this permit.
G. 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.
H. Nothing in this permit shall authorize the applicant
to intensify the authorized activity beyond that
which is specifically described in this permit.
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I. Approval of this request shall not waive compliance
8 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.
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 unless specifically waived here.
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. 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 for the issuance of building permits.
L. Permits from other agencies will be required as
follows:
a. Coastal Commission
. M. 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.
N. 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.
o. Project is approved as modified as evidenced by the
plot plan dated March 13,1989, received by the city
of Encinitas on August 16,1989 and signed by a City
Official as approved by the Leucadia Community
Advisory Board on October 19, 1989 and shall not be
altered without Planning and Community Development
Department review and approval.
JJ/02/CRO6-392WP5 (10/31/89) CASE NO. 89-177-DR
8 PAGE 3 OF 11
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND COMMUNITY
8 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 August 16, 1989
and signed as approved on October 19, 1989 by
Leucadia Community Advisory Board and which are on
file in the Planning and community Development
Department and the condi tions contained herein.
Said site plan is approved subject to the following
modifications:
a. The owner/developer shall add a four foot
natural cedar, vertical plank fence along the
west property line. All associated landscaping
shall be retained.
B. Mail boxes, shall be installed and located by the
developer subject 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,
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 site, 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 unites), 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 building permit issuance as deemed
necessary by the appropriate agency.
F. Site plan, building elevations, materials and color
are approved as submitted, subject to the
modifications listed in 2.A. above. Additionally,
white window frames shall be substituted for the
black window frames called for in the original
plans.
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r
. G. Owner(s) shall enter into and record covenant
a
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 community
Development Department prior to submittal in plan
check.
I. 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 Encinitas Fire Department regarding the security
treatment of the site during the 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.
4. LANDSCAPING
A. The landscape plan shall meet the standards of the
Zoning Ordinance, Grading Ordinance, Landscape
Guidelines and Offstreet Parking Design Manual and
is approved as submitted subject to the following
modifications:
a. The owner/developer shall plant, in lieu of the
Mexican Fan Palms, a minimum of seven 15 gallon
Melaleucas on the site. A minimum of one of
these Melaleucas shall be planted on each side
of the garage where the palms were to be
located. The remainder will be distributed
throughout the site.
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8 All required plantings shall be in place prior to
B.
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.
c. The height required for hedges or other dense
landscaping is the height to be attained within 3
years after planting.
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 District.
B. All designated emergency access roads shall be
posted pursuant to the Fire District standards.
c. All two-way traffic aisles shall be a minimum of 20
feet wide and emergency access shall be provided,
maintained free and clear, a minimum of 20 feet wide
at all times during construction in accordance with
Fire District requirements. In this case, since
the access road is less than 20 feet wide, the
entire width of the panhandle must be paved.
D. 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.
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8
E. structures shall be protected by automatic fire
sprinkler systems. sprinkler systems shall be
installed to the satisfaction of the Encinitas Fire
Protection District.
F. 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.
G. All designated emergency access roads shall be
posted pursuant to the Fire District standards.
H. Since the access road is less than 20 feet wide, the
entire width of the access panhandle shall be paved
to provide adequate access for emergency vehicles.
APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
6. 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 section 24.01.180.)
A. An Irrevocable Offer of Dedication shall be made
along Vulcan adjacent to the property for road
purposes. Vulcan is classified as a local street
requiring a 60 foot right-of-way or 30 feet from
centerline.
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
8 JJ/02/CRO6-392WP5 (10/31/89) CASE NO. 89-177-DR
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and clear of all liens and encumbrances and without
8 cost to the city. streets that are already public
are not required to be rededicated.
B. 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.
7. DRAINAGE AND FLOOD CONTROL
A. Concentrated flows across driveways and/or sidewalks
shall not be permitted.
APPLICANT SHALL CONTACT THE APPROPRIATE AGENCY REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
8. 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 developer shall be responsible for coordination
with S.D.G. & E., Pacific Telephone, and Cable TV
authorities.
C. All proposed utilities within the project shall be
installed underground including existing utilities
unless exempt pursuant to the Municipal Code.
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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PAGE 8 OF 11
PASSED AND ADOPTED this 19th day of October, 1989, by the
8
following vote, to wit:
AYES: Locko, Harwood, Kaden, Shur, Eldon
NAYS: None
ABSENT: None /
~~
ABSTAIN: None /7~
Harwood, Chairperson
Leucadia
ity Advisory Board
J
ATTEST:
~~
Assistant Planner
.
JJ/04/CRO6-392WP5 (11/03/89) CASE NO. 89-177-DR
8 PAGE 9 OF 11
.
ATTACHMENT A
8 LEUCADIA COMMUNITY ADVISORY BOARD
RESOLUTION NO. L89-22
Findings for a Design Review Permit
(Section 23.08 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 project is consistent with the General Plan and the
Municipal Code including density requirements.
B. The project design is substantially consistent with
the Design Review Guidelines.
Evidence to consider:
The site is flat and the structure is centered on the
property with more that the required setbacks on all four
. sides thus maintaining greater than minimum separation
from adjacent properties. The spanish style is
consistent throughout the structure and blends with
adjacent properties not only in terms of style but also
in terms of materials (stucco) and color (white). The
black window frames may appear in harsh contrast to the
remainder of the structure. Whi te may be more in keeping
with the style. Overall the building is well articulated
with numerous large windows and doors to break up the
flat surfaces.
The roof will be red clay tile which is appropriate for
the Mediterranean architecture. The roof will be visible
primarily from the apartment building to the southwest.
From this apartment building, residents will see the west
elevation where the roof line is segmented and punctuated
with dormers. The roof planes on the south elevation,
which would also be visible, are segmented and visually
broken up by skylights and the large chimney mass.
Each unit has over 1500 square feet of yard area most of
which will be in "water saver II lawn. Most of the
plantings are drought resistant. The landscape design
is symmetrical reflecting the symmetry of the structural
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