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
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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)
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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).
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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
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. 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)
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CASE NO. 88-225DR
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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
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. 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)