Loading...
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 8 TM\05\CRO5-76wp 1(6-16-88) 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)