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1989-25 . . ,.' . 8 RESOLUTION NO. L-89-25 A RESOLUTION OF THE LEUCADIA COMMUNITY ADVISORY BOARD TO APPROVE A DESIGN REVIEW PERMIT MODIFICATION WHICH ALLOWS CERTAIN SPECIFIC ALTERATIONS TO THE PREVIOUSLY APPROVED (88-105 DR) BUILDING PLANS FOR THE CONSTRUCTION OF TWO SINGLE FAMILY RESIDENCES LOCATED AT 1067 AND 1069 NEPTUNE (CASE NO. 89-199-DRM) WHEREAS, a request for consideration of a Design Review Permit Modification was filed by Dean Foster to allow the alteration of two single family residences, as per Chapter 23.08 of the City of Encinitas Municipal Code, for the properties located at 1067 and 1069 Neptune Avenue, legally described as: Lot 18 in Block 6, South Coast Park Unit No. 2, in the County of San Diego, State of California, according to Map thereof No. 1859, filed in the Office of the County Recorder of San Diego County, September 21, 1925. WHEREAS, a public hearing was conducted on the application, 8 December 7, 1989 and all persons desiring to be heard were heard; and WHEREAS, evidence was submitted and considered to include without limitation: 1. The previous staff report for 88-105 DR and resolution of approval; 2. The staff report dated November 29, 1989; 3. The General Plan, Local Coastal Program, Zoning Code and maps; 4. Oral evidence submitted at the hearing; 5. Written evidence submitted at the hearing; 6. 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" e JJ/02/CR05-438wp5 (12/13/89/1) Case No. 89-199-DRM Page 1 of 9 . . " 8 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: SEE ATTACHMENT "B" PASSED AND ADOPTED this 7th day of December, 1989, by the following vote, to wit: AYES: Locko, Harwood, Kaden, Shur, Eldon NAYS: None ABSENT: None ABSTAIN: None ~/ ,/ 8 8 JJ/02/CR05-438wp5 (12/13/89/1) Case No. 89-199-DRM Page 2 of 9 .' 8 ATTACHMENT "A" LEUCADIA COMMUNITY ADVISORY BOARD RESOLUTION NO. L-89-25 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. There is no specif ic plan applicable to this area. B. The project design is substantially consistent with the Design Review Guidelines. Evidence to consider: What follows is a brief discussion of the revised project's design as it relates to the City's adopted design criteria, broken down by section: 1) site Design: The site design is essentially similar to that previously approved by community Advisory Board. The revised plans feature only a single site related 8 change; that being the replacement of a deteriorating fence. This change will have a positive effect on the project and surrounding properties. 2) Building Design: Interior changes consisting of door and window redesign will have no significant effect on surrounding properties and will not significantly alter the buildings appearance. The same can be said of the exterior tile and color changes. These changes are seen to be minor in nature and do not compromise design as envisioned in the Board's initial approval. A major concern however is the addition of the dormers. These dormers tend to create a feeling of greater bulk and mass rather than to simply break the roof line. The dormer addition further emphasizes the scale difference between the project and the surrounding existing development. Finally, the dormers add an impression of greater height which further distinguishes this project from neighboring structures. The dormer addition is found as not being consistent with the following Design Review criteria: 8 JJ/02/CR05-438wp5 (12/13/89/1) Case No. 89-199-DRM Page 3 of 9 8 Section 23.08.076 Requlatorv Conclusions - Buildinq Desiqn. A. The project design does not coordinate the elements of exterior building design, such as color, materials, form, texture and detailing to create harmony and continuity among all elements. B. The project is not harmonious with or is functionally incompatible with the adjacent property in one or more of the following aspects: 1. Color scheme; 2. Location of structures on the site; 3. Architectural features or ornaments; 4. Type and quality of exterior materials; 5. Location and use of open spaces. C. The project design is substantially out of scale with the predominant scale of structures in the adjacent neighborhood. Neighbors have raised the issue of the dormers creating an increase in the loss of privacy experienced by adjoining properties. If the board finds this a valid concern, it may wish to address the following regulatory 8 conclusion: section 23.08.079 Regulatorv Conclusions - privacv and Securitv. A. The project will cause an unreasonable intrusion on privacy of neighboring properties. Given the above, the dormer element of the proposed design modifications is not consistent with the design review requirements. 3) Landscape Design: The applicant has significantly altered the previously approved landscaping plans. Whereas the initial plans called for 26-15 gallon trees and 4-24" box trees, the new plans call for 6 small palms. The quantity and diversity of shrubs and ground cover has been reduced to grass and red apple ice plant. This reduction in plantings is a contributing factor in the massive, bulky appearance of the structures. The Leucadia Community Advisory Board can find no justification for the reduction in the previously approved plantings. 8 JJ/02/CR05-438wp5 (12/13/89/1) Case No. 89-199-DRM Page 4 of 9 .' 8 ATTACHMENT "B" LEUCADIA COMMUNITY ADVISORY BOARD RESOLUTION NO. L-89-25 1. SPECIFIC CONDITIONS A. Building and site alterations specifically allowed by the resolution include the following: 1. Slight color change in exterior stucco. 2. Substitution of blue for black composition shingle for the roof. 3. Substitution of blue-grey for grey driveway concrete. 4. Substitution of slate grey for brown terra cotta entrance tile. 5. The addition of a fireplace in the back unit master bedroom. 6. The movement of the east wall of the back unit two 8 feet to the east. 7. Modification of eave step detail of the roofs. 8. Changes to the second story of the front unit as follows: a. Step detail at top of glass block in stairwell reversed. b. Window in master bath water closet smaller and higher. c. Window in master bath shower added. d. Window on east wall of master bedroom deleted. e. Window boxes on master bedroom north wall converted to simple windows. 9. Changes to the rear unit first story as follows: a. Living room french doors and window reversed traffic flow. 8 JJ/02/CR05-438wp5 (12/13/89/1) Case No. 89-199-DRM Page 5 of 9 .' 8 10. Changes to the rear unit second story as follows: a. Den/guestroom window box changed to simple window. b. Glass block in stairwell raised up four feet. c. Bedroom one, east window deleted and two windows of smaller size placed near ends of well. d. Master bedroom east wall window box converted to simple window. e. Master bathroom windows made smaller and higher and 1.c. window box deleted. f. Replacement of the existing fence along the north and east property lines. B. This resolution specifically disallows the addition of two dormers. C. This resolution specifically prohibits any modification or alteration of the previously approved landscape plans, dated May 31, 1988. 8 2. GENERAL CONDITIONS A. This approval will expire in two years, on December 7, 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 8 JJ/02/CR05-438wp5 (12/13/89/1) Case No. 89-199-DRM Page 6 of 9 ., . 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,t he city of Encinitas, 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. I. Approval of this request shall not waiver compliance with 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. 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. 8 JJ/02/CR05-438wp5 (12/13/89/1) Case No. 89-199-DRM Page 7 of 9 8 project is ~r~ed as ~difi~ as ~i~nced ~ ~e pl~ N. plan (no date) received bY the c~tY of Enc~n~tas on ~~st 30, ~989 ~d s~n~ ~ a c~ official as ~pr~ed ~ ~e ~c~ia c==i~ ~is~Y Bo~d on Dec~~ 1. 1989 and shall not be altered "ithout Planning and co-=i~ D~e1~m~t D~~~~t r~i~ a~ ~~~al. ~PLXC~ BOLL oo~~ ~ ~~H~ ~ p~XNG ~ OO~X~~ ~~œ~ R~~~G C~L~~~ wUH nB F~~UG ~~n~~S' 3. S1:TE DEVELOP}(EN'r A. prior to ~ use of ~e project site, all conditions of approva~ contained herein shall be completed to the s~isfa~ion of ~e Dire~~ of Pla=i~ ~ c~=iW Development. B. For new residential dwelling unit(S) , the applicant shall p~ d~elo~~ fees ~ ~e est~liwed r~e. such fees may include, but not be limited to: permit and plan ~e~ing Fees, S~ool Fees, wrter ~d S~er S~vice Fees, Traffic Fees, Drainage Fees, and park Fees. Arrangements to p~ ~ese fees ~n ~ paid ~ior to ~ildi~ pe=it is~a~e as ~~d necess~Y W ~e ~r~riate age~. . 4. k1\1IDSC1\P1:N~ A. All r~uir~ pl~ti~S ~all be in place ~i~ to use ~ occ~anq of n~ wildi~S or str~~es. All required p1.antings shaH be maintained in good growing conditions. aoo ~en~er necess~Y, ~all be replaced wi~ n~ pla~ m~erialS to ~s~e co~i~ed c~1iance wi~ ~lic~le landscaping, buffering, and screening requirements. All landscaping shall be maintained in a manner that will not d~reciate adjace~ pr~er~ values ~ o~e~ise a~erse~ affe~ adjaC~ pr~erties. B. The height required for hedges or other dense landscaping is the height to be attained within 3 years after planting. 1\PPL1:C]\NT SHALL CONT1\CT THE ENC1:N1:T1\S F1:RE PROTECT1:0N D1:STR1:CT UG~~NG c~L~~CB W~~R ~B F~L~~~ ~~~~~~s: 5. I.1:R~ A. prior to final recordation, the applicant shall submit a letter from the Fire District stating that all d~el~m~t ~a~, pl~ ~e~ ~d/or cost rec~ery fees 8 JJ/02/CR05-438WP5 (12/13/89/1) case No. 89-199-DRM page 8 of 9 . 8 have been paid or secured to the satisfaction of the District. 6. STREETS AND SIDEWALKS A. 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. . JJ/02/CR05-438wp5 (12/13/89/1) Case No. 89-199-DRM Page 9 of 9 -