1988-36
.
RESOWTION NO. OE-36
A RESOWTION OF THE OLD ENCINITAS COMMUNITY ADVISORY BOARD,
8 CITY OF ENCINITAS, APPROVING A DESIGN REVIEW PERMIT
TO ALLOW AN EXTERIOR REMODEL, SIGN PROGRAM AND
VARIOUS SITE IMPROVEMENTS, INCWDING LANDSCAPING,
FOR THE PROPERTY LOCATED AT 505-561 SOUTH VULCAN AVENUE
(CASE NUMBER 88-159 DR)
WHEREAS, a request for consideration of a Design Review
permit was filed by James Harker and David and Stelca
Somerville to allow an exterior remodel, sign program, and
various site improvements, including landscaping, as per
Chapter 23.08 of the City of Encinitas Municipal/Zoning Codes,
for the property located at 505 to 561 South Vulcan Avenue,
legally described as;
All that portion of East Block 5 of Encinitas, in the County of
San Diego, State of California, according to Map thereof No.
148, filed in the office of the County Recorder of said San
Diego County, June 12, 1883, which lies Westerly of the
following described line:
8 Beginning at a point on the Northerly line of said East Block
5, distant thereon South 8303130" West, 232.95 feet from the
Northeasterly corner thereof; thence South 006127" West,
202.08 feet, more or less, to the Northwesterly corner of land
described in deed to the County of San Diego, recorded
September 10, 1959 in Book 7872, page 347 of Official Records;
thence along the Westerly line thereof, South 006127" West,
202.00 feet, more or less, to the intersection with the
Southerly line of said East Block 5.
TOGETHER with that portion of the South 10 feet of "D" Street
adjoining said East Block 5 on the North, which lies Easterly
of a 25 foot radius curve, concave Southeasterly, that is
tangent both to the Easterly line of the Westerly 30 feet of
said Block and to the North line of said South 10 feet and
Westerly of the Northerly prolongation of the Easterly line of
the land described above; and
WHEREAS, a public hearing was conducted on the application
on June 9, 1988; and
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WHEREAS, the Community Advisory Board/Planning Commission
considered:
8 1. The staff report dated June 1, 1988;
2. The application and maps submitted by the applicant;
3. Oral evidence submitted at the hearing;
4. Written evidence submitted at the hearing; and
WHEREAS, the Old Encinitas Community Advisory Board made
the following findings pursuant to Chapter 23.08:
SEE ATTACHMENT" A"
NOW, THEREFORE, BE IT RESOLVED by the Old Encinitas
Community Advisory Board of the City of Encinitas that Design
Review application 88-159 DR is hereby approved subject to the
following conditions:
SEE ATTACHMENT "B"
BE IT FURTHER RESOLVED by the Old Encinitas Community
8 Advisory Board of the City of Encinitas that:
This project was found to be exempt from environmental
review, Section 15301.
8 TM\05\CRO5-76w¡) 2(6-16-88)
PASSED AND ADOPTED this 9th day of June, 1988, by the
following vote, to wit:
8 AYES: Couglar, Hano, Rollman, Kauflin
NAYS: None
ABSENT: Tobias
ABSTAIN: None
H!~la~Of the
Old Encini tas Community Advisory
Board
ATTEST:
~~
Tom Curriden
Assistant Planner
8
8 TM\O5\CRO5-76wp 3(6-16-88)
ATTACHMENT "A"
OLD ENCINITAS COMMUNITY ADVISORY BOARD
CASE NO. 88-159 DR
tÞ Findings For Design Review
(Section 23.08.076 Municipal Code)
23.08.072 Requlatorv Conclusions - Generally.
A. The project design is inconsistent with the General
Plan, a Specific Plan or the provisions of this Code.
Evidence to Consider:
The project conforms with the City's technical development
standards and contains allowable uses pursuant to zoning.
B. The project design is substantially inconsistent with
the Design Review Guidelines.
Evidence to Consider:
The Old Encinitas Community Advisory Board determined that the
project is in substantial compliance with the Design Review
Guidelines and that none of the regulatory conclusions
contained in Cþapter 23.08 of the Municipal Code would be made
in this instance.
C. The project would adversely affect the health, safety
tÞ of general welfare of the community.
Evidence to Consider:
No aspects of the proposal have been identified which would
impact the health, safety, or general welfare of the community.
D. The project would tend to cause the surrounding
neighborhood to depreciate materially in appearance or value.
Evidence to Consider:
The Old Encinitas Community Advisory Board determined that the
proposal represents an improvement to the property which would
not result in material depreciation to the surrounding
neighborhood.
In addition the Old Encini tas Community Advisory Board found
the following:
That the staff requirement for installation of new curbs,
gutters, sidewalks and street lights is waived pursuant to
Section 24.01.180 of the Municipal Code, in that since the
proposal constitutes a remodel only and no expansion or change
in use, there are special circumstances or conditions affecting
the property in question; and that such modification is
tÞ TM\05\CRO5-76wp 4(6-16-88)
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
8 injurious to other property in the immediate vicinity.
8
8 TM\O5\CRO5-76wp 5(6-16-88)
EXHIBIT "B"
STANDARD CONDITIONS OF APPROVAL
8 Subject: Vulcan Square remodel
Applicant: Harker/Somerville
Location: 505-561 South Vulcan
Case No.: 88-159 DR
CITY OF ENCINITAS
1. GENERAL CONDITIONS
A. Nothing in this permit shall authorize the applicant
to intensify the authorized activity beyond that
which is specifically described in this permit; and
B. Approval of this request shall not waive compliance
with any sections of the Zoning Development Code and
all other applicable City Ordinances in effect at the
time of Building Permit issuance.
C. 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.
8 D. Permits from other agencies will be required as
follows prior to permit issuance:
The California Coastal Commission.
E. Project is approved as submitted/modified and shall
not be altered without Old Encinitas Community
Advisory Board review and approval.
AP P LI CANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND
COMMUNITY DEVELOPMENT REGARDING COMPLIANCE WITH THE
FOLLOWING CONDITIONS:
2. SITE DEVELOPMENT
A. Any change to the natural drainage or concentration
of drainage shall be adequately handled and shall not
impact adjacent properties.
B. That a plan be submitted for approval by the Director
of Planning and Community Development and the
Encinitas Fire Protection District regarding the
treatment of the site during the construction phase,
and the circulation and parking of construction
workers' vehicles and any heavy equipment needed for
the construction of the project.
8 TM\05\CRO5-76wp 6(6-16-88)
.
3. PARKING AND VEHICULAR ACCESS
8 A. Parking lot layout shall meet the standards of the
Zoning Ordinance and the off street Parking Design
Manual.
4. LANDSCAPING
A. All approved 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.
5. SIGNS
A. Signs are approved as submitted.
6. STREETS AND SIDEWALKS
A. Prior to final approval, the applicant shall sign and
record a covenant agreeing not to protest any
8 proceedings for the installation or acquisition of
public improvements under any applicable special
assessment proceedings.
B. Prior to final approval, the applicant shall remove
existing concrete light pole base at the corner of
Vulcan and "E" Street.
c. Prior to any work being performed in the public
right-of-way, a right-of-way construction permit
shall be obtained from the Publ ic Works office and
appropriate fees paid, in addition to any other
permits required.
D. Prior to final approval, the existing gutter along
Vulcan Avenue and at the drive entrance from "E"
Street shall be repaired to the satisfaction of the
Public Works Department.
E. Prior to final approval, the metal top to the
drainage box at the outlet on Vulcan Avenue shall be
replaced with a standard "D-25" top to the
satisfaction of the Public Works Department.
8 TM\O5\CRO5-76wp 7(6-16-88)
I
.
.
F. Prior to final approval, the deteriorated asphalt
surfaces along "0" and "E" streets shall be removed
8 and a fresh, smooth asphalt surface laid to
accommodate pedestrian movement, to be found
satisfactory by the Public Works Department.
8
8 TM\05\CRO5-76wp 8(6-16-88)