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1988-42 . ,.," RESOLUTION NO. OE-42 A RESOLUTION OF THE OLD ENCINITAS COMMUNITY ADVISORY BOARD APPROVING A DESIGN REVIEW PERMIT AND NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR CONSTRUCTION OF A BLUFF TOP DUPLEX ON THE WEST SIDE OF FOURTH STREET BETWEEN "D" AND "E" STREETS WHEREAS a request for a Design Review Permit and Environmental Initial Assessment was filed by John Dulich, for construction of a bluff top duplex on the property legally described as Lots 7 and 10 in Block 41 of Encinitas, according to the Map thereof, No. 148, filed in the Office of the San Diego County Recorder; and WHEREAS, a public hearing was conducted on the application on August 4, 1988; and WHEREAS, the Community Advisory Board considered: 1. The Environmental Initial Assessment form completed by Staff and draft Negative Declaration; 2. The geologic investigation report dated October 14, 1987 and addendum dated October 29, 1987 submitted with the application; 3. The revised project development plans dated received July 7, 1988; 4. The staff report dated July 27, 1988; 5. Oral testimony submitted at the public hearing; 6. Written testimony and additional photographs submitted at the public hearing; and WHEREAS, the Community Advisory Board found that the project will have no significant adverse impacts on the TC/02/CRO2-110wp 1(8-11-88-1) .' environment with the incorporation of the mitigation measures >, contained in the Negative Declaration for the project, and that subject to the conditions of approval listed below the findings discussed in attachment "A" can be made in this instance. NOW THEREFORE, BE IT RESOLVED that Design Review application 88-225 DR and the associated Negative Declaration of Environmental Impact 88-225 EIA are hereby approved subject to the conditions contained in attachment "B". PASSED AND ADOPTED this 4th day of August, 1988, by the following vote to wit: Ayes: Couglar, Rollman Nays: Tobias Absent: Kauflin Abstaining: Hano 7(~~ Harry Couglar, Chairman of the Old Encinitas Community Advisory Board ATTEST: /~¿~ Tom Curriden Assistant Planner TC/02/CRO2-110wp 2(8-11-88-1) < ATTACHMENT n A" OLD ENCINITAS COMMUNITY ADVISORY BOARD RESOLUTION NO. OE-42 CASE NO. 88-225DR 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 proposed duplex is consistent with both the present RV-15 zoning of the property and the Residential 11-15 dujacre designation on the Land Use Policy Map of the city's Draft General Plan. B. The project design is substantially inconsistent with the Design Review Guidelines. Evidence to Consider: The proposal preserves some significant views enjoyed by nearby properties to the full extent practical, reflects a high quality of design appearance, takes into consideration the prlvacy of occupants, preserves significant existing landscape, and otherwise substantially conforms with the city's adopted design criteria. C. The project would adversely affect the health, safety or general welfare of the community. Evidence to Consider: The applicant has submitted investigation reports within which a licensed engineering geologist states that the structure will not be subject to or contribute to bluff failure within its anticipated 75 year lifetime. Water and sewer services will be provided to the property, and there has been no other provided evidence to suggest that the project would adversely effect public health, safety, or welfare. D. The project would tend to cause the surrounding neighborhood to depreciate materially in appearance or value. TCj02jCRO2-110wp 3(8-11-88-1) Evidence to Consider: The proposal reflects a high quality of design appearance and thus will not be materially detrimental to surrounding properties. E. That the projection of the chimneys out of the interim envelope does not significantly impact the views of adjacent properties, in that the project takes advantage of views while maintaining some of the significant views enjoyed by residents of nearby properties; F. That the project is compatible in structural size (bulk and ma s s) to adjacent properties and neighborhood; G. There is reasonable probability that the land use and design proposed will be consistent with the General Plan proposal being considered or studies since the proposed General Plan is consistent with the currently adopted General Plan. H. There is little or no probability of substantial detriment to or interference with the future adopted General Plan if the proposed design is ultimately inconsistent with the plan, since the project is allowed by the proposed General Plan. TC/02/CRO2-110wp 4(8-11-88-1) < ATTACHMENT "B" STANDARD CONDITIONS OF APPROVAL Subject: Design Review for bluff top duplex Applicant: Dulich Location: West of Fourth st. between "D" and "E" Streets Case No.: 88-225 DR CITY OF ENCINITAS 1. GENERAL CONDITIONS A. A Coastal Permit or finding of exemption must be obtained from the California Coastal Commission prior to building permit issuance. B. Prior to final occupancy, the City shall be provided a waiver agreement by the property owner and applicant of all claims against the City for future liability or damage resulting from permission to build. All such waivers shall be acknowledged and recorded in the Office of the County Recorder. C. Prior to building permit issuance, the two lots which comprise the site shall be combined through a lot consolidation or merger process to be found satisfactory by the Community Development Department. D. Prior to final occupancy, the owner shall provide the City with a satisfactory recordable easement granting access to any beach areas which are presently accessible to the public and which may be blocked as a result of this development. This condition is to be fulfilled to the satisfaction of the Director of Community Development. E. Prior to final occupancy, the owner shall provide the City with a recorded covenant precluding any construction of any structure on the bluff face or at the toe of the bluff or within any area between the top of the bluff and that distance as specified in development regulations. F. No new structures, walls, or other facilities shall be allowed on the face of a bluff. (Exceptions may be granted for emergency situations as determined by the Community Development Director). TC/02/CRO2-110wp 5(8-11-88-1) . CASE NO. 88-225DR G. Nothing in this permit shall relieve the applicant from complying with the conditions and regulations generally imposed upon activities similarly 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; and I. 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. 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. K. This approval shall become null and void if building permits are not issued for this project within one year from the date of project approval. L. Prior to issuing a final inspection on framing, the applicant shall provide a survey from a civil engineer verifying the building height is in compliance with the design review permit. M. Project is approved as modified and shall not be altered without Old Encinitas Community Advisory Board review and approval. N. Any damage caused to existing public facilities shall be repaired "in kind" to the satisfaction of the Public Works Department prior to final occupancy. APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 2. SITE DEVELOPMENT A. Revised site plans and building elevations incorporating all conditions of approval shall be submitted to and found satisfactorily by the Community Development Department prior to issuance of building permits. B. Prior to any use of the project site or bus iness activity being commenced thereon, all conditions of approval contained herein shall be completed to the TC/02/CRO2-110wp 6(8-11-88-1) . . CASE NO. 88-225DR A. The landscape plan shall meet the standards of the Zoning Ordinance, Grading Ordinance and off street Parking Design Manual and is approved as submitted subject to the following modifications: i. Prior to permit issuance, the applicant shall furnish the Community Development Department with a statement from a licensed landscape architect that in his or her professional opinion, the foundation of the structure will not threaten the survival of the existing mature Monterey Cypress near the southerly boundary of the site. ii. Said Monterey Cypress, as well as the mature Torrey pine in the parkway, shall be specially staked during the construction phase to insure their safety. B. All required 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. C. The landscaping shall be well maintained at all times. D. No foot traffic shall be allowed on or across bluff face. E. No irrigation or vegetation shall be installed on or adjacent to the bluff face. F. New landscaping on beach bluff properties shall avoid the use of ice plant, and emphasize drought-tolerant plants. G. Landscaping shall be maintained in such a way so view corridors are not blocked. 4. GRADING A. Grading of the subject property shall be in accordance with the Grading Ordinance. TC/O2/CRO2-110wp 8(8-11-88-1) . CASE NO. 88-225DR .' satisfaction of the Director of Community Development. C. 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. These fees shall be paid: a. Prior to building permit issuance. D. Building elevations materials and color are approved as submitted, subject to the following modifications: i. Building plans shall indicate exterior lighting shielded downward to prevent glare onto adjoining properties. ii. Building plans shall contain details of wood fencing along north and south property lines, to be found consistent with building design. E. Applicant shall submit to the Community Development Department a security construction plan for review and approval. Said Plan shall identify any temporary fencing, temporary parking and circulation, proj ect access and the like. F. Owner(s) shall enter into a covenant waiving any claims of liability against the City and agree(s) to indemnify and hold harmless the City and City's employees relative to the approved project. This covenant is applicable to any bluff failure and erosion resulting from the development project. G. 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. H. The partition within the 40 foot rear bluff setback shall be deleted from that setback in building plans and shall be replaced with landscaping or other non- permanent screening device. 3. LANDSCAPING TC/02/CRO2-110wp 7(8-11-88-1) . CASE NO. 88-225DR B. No grading, scraping, or removal of vegetation shall be allowed on a bluff face or within 40 feet of the top edge of a bluff. C. No grading, or removal or deposit of material shall take place except pursuant to a grading permit issued by the city Engineer in connection with a building permit; or pursuant Department where no structure is involved; or pursuant to an application to the Community Development Department, that has been approved by the Director, to do minor grading, where no grading permit is required. D. The grading plan shall incorporate drainage provisions into site development to prevent run-off from gaining access to the bluffs and shall be constructed so as to allow drainage to the street. E. A soils/geological/hydraulic report shall be prepared by a qualified engineer licensed by the State of California to perform such work to be found satisfactory by the City Engineer prior to building permit issuance. F. The final grading plan shall be a subject to review and approval by the Public Works Department and shall be completed prior to recordation of the final subdivision map or issuance of building permit, whichever comes first. 5. DRAINAGE AND FLOOD CONTROL A. A drainage system capable of handling and disposing of all surface water originating within the subdivision, and all surface waters that may flow onto the subdivision from adjacent lands, shall be required. Said drainage system shall include any easements and structures as required by the Director of Public Works to properly handle the drainage. B. The applicant shall submit a drainage study showing surface flows on the property and the impact, if any, on adjacent properties. TC/02/CRO2-110wp 9(8-11-88-1)