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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: 8 JJ/02/CRO6-392WP5 (10/31/89) CASE NO. 89-177-DR PAGE 1 OF 11 . 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. 8 JJ/02/CRO6-392WP5 (10/31/89) CASE NO. 89-177-DR PAGE 2 OF 11 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. 8 JJ/02/CRO6-392WP5 (10/31/89) CASE NO. 89-177-DR PAGE 4 OF 11 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. 8 JJ/02/CRO6-392WP5 (10/31/89) CASE NO. 89-177-DR PAGE 5 OF 11 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. 8 JJ/02/CRO6-392WP5 (10/31/89) CASE NO. 89-177-DR PAGE 6 OF 11 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 PAGE 7 OF 11 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. 8 JJ/02/CRO6-392WP5 (10/31/89) CASE NO. 89-177-DR 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 8 JJ/02/CRO6-392WP5 (10/31/89) CASE NO. 89-177-DR PAGE 10 OF 11