1988-55
RESOLUTION NO. OE-55
A RESOLUTION OF THE OLD ENCINITAS COMMUNITY ADVISORY BOARD
CITY OF ENCINITAS, APPROVING A DESIGN REVIEW PERMIT
TO ALLOW CONSTRUCTION OF A DUPLEX
LOCATED AT 404 THIRD STREET
(CASE NUMBER 88-092 DR)
WHEREAS, a request for consideration of a Design Review Permit
filed by Mr. and Mrs. Conroy to allow construction of a duplex
(replacing one unit and remodeling the other) as per Chapter 23.08
of the City of Encinitas Municipal Code, for the property located
at 404 Third Street, legally described as;
Lot 1, Block 28 of Encinitas, according to the Map thereof No.
148, filed in the Office of the County Recorder of San Diego
County.
WHEREAS, a public hearing was conducted on the application on
August 18, 1988, and
WHEREAS, the Community Advisory Board considered:
1. The staff report dated August 12, 1988;
2. The application and maps submitted by the applicant;
3. Oral evidence submitted at the hearing;
4. written evidence and additional photographs of the site
and surrounding properties and line-of-site diagrams
submitted at the hearing; and
WHEREAS, the Old Encinitas Community Advisory Board made the
following findings pursuant to Section 23.08 of the Zoning
Ordinance.
SEE ATTACHMENT "A"
TC/04/CRO5-204WP5 1(1-12-89-2)
NOW, THEREFORE, BE IT RESOLVED by the Old Encinitas Community
Advisory Board of the City of Encinitas that Design Review
application 88-092 DR is hereby approved subject to the following
conditions:
SEE ATTACHMENT "B"
BE IT FURTHER RESOLVED by the Old Encinitas Community Advisory
Board of the City of Encinitas that:
(1) This project was found to be exempt from environmental review,
Section 15303(b);
PASSED AND ADOPTED this 18th day of August, 1988, by the
following vote, to wit:
AYES: Hano, Couglar, Kauflin, Tobias
NAYS: None
ABSENT: None
ABSTAIN: None
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Tom Curriden
Assistant Planner
TC/04/CRO5-204WP5 2(1-12-89-2)
ATTACHMENT "A"
OLD ENCINITAS COMMUNITY ADVISORY BOARD
RESOLUTION NO. OE-51
CASE NO. 88-270DR
Findings For Design Review
(Section 23.08.076 Municipal Code)
23.08.072 Regulatorv Conclusions - Generally.
A. The proj ect 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, in that the City Council has indicated that duplexes shall
be allowed by right in the Residential 11-15 (R15) zone for any
site 5,000 sq. ft. in area or larger.
B. The proj ect 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 with the recession of the
southwest facing wall of the second story of the new west unit,
reflects a high quality of design appearance, takes into
consideration the privacy of occupants, 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:
No aspects of the proposal will result in any significant adverse
impact on the environment or to the general welfare of the
community.
D. The project would tend to cause the surrounding
neighborhood to depreciate materially in appearance and value.
Evidence to Consider:
The proposal reflects a substantial improvement to the subj ect
property and thus will not be materially detrimental to surrounding
properties.
E. The project is compatible in structural size (bulk and
mass) to adjacent properties and neighborhood.
TCj04jCRO5-204WP5 3(1-12-89-2)
Evidence to Consider:
In moving back the southwest wall of the new unit by approximately
20 sq. ft. in each direction, and in keeping the structure in
conformance with the height envelope prescribed by Ordinance 87-
80, the resulting project is compatible in bulk and mass with
adj acent properties and the neighborhood, where most structures are
two stories and of a similar height.
F. There is reasonable probability that the land use and
design proposed will be consistent with the General Plan proposal
being considered or studied since the proposed General Plan is
consistent with the currently adopted General Plan.
Evidence to Consider:
As was noted under finding "A", the City Council has indicated an
intention that duplexes shall be allowed by right in the R15 zone
under the General Plan presently being considered.
G. 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.
Evidence to Consider:
The frequency of other such duplexes in the area insures that there
is little or no probability of substantial detriment to or
interference with the future General Plan should it ultimately be
inconsistent.
TC/O4/CRO5-204WP5 4(1-12-89-2)
OLD ENCINITAS COMMUNITY ADVISORY BOARD
RESOLUTION NO. OE-55
ATTACHMENT "B"
I. SPECIFIC CONDITIONS
1. Prior to issuance of building permits, the developer
shall submit a revised landscape plan incorporating the
following, to be verified by the Community Development
Department:
a) Placement of Hollywood Junipers along the north
elevation of the structures and at the northwest
corner of the site;
b) The Eucalyptus citradora trees indicated in the
south yard area shall be replaced with landscape
species from the City's master listing of
recommended drought tolerant species which will not
grow beyond the height of the balcony.
2. Wood shake simulating tiles shall be used to replace the
standing seam metal roofing indicated on the approved
elevations.
3. The southwesterly facing wall of the new west unit shall
be no closer than 19 ft. in a northerly direction from
the southwest corner of the first floor deck below, and
not closer than 22 ft. 6 in. in an easterly direction
from that corner, as was presented to the Old Encinitas
Community Advisory Board on August 18, 1988.
4. A 10 ft. section of damaged sidewalk, to be marked by the
Public Works Department, shall be repaired or replaced
to the satisfaction of the City Engineer prior to final
occupancy.
TC/04/CRO5-204WP5 5(1-12-89-2) CASE NO. 88-092DR
ATTACHMENT "B"
II. STANDARD CONDITIONS
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND
COMMUNITY DEVELOPMENT REGARDING COMPLIANCE WITH THE FOLLOWING
CONDITIONS (ITEMS 5 THROUGH 23):
GENERAL CONDITIONS
5. This approval will expire on August 18, 1990, two years
after the approval of this project unless the conditions
have been met or an extension has been approved by the
authorized agency (agent).
6. This approval may be appealed to the authorized agency
(agent) within 10 days from the date of this adoption.
7. 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.
8. 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.
9. Permits or findings of exemption shall be obtained from
other agencies as follows:
a. Coastal Commission
10. Prior to issuing a final inspection on framing, the
applicant shall provide a survey from a civil engineer
or licensed surveyor verifying the building height is in
compliance with the design review permit.
11. Although the Zoning Ordinance may allow certain building
heights as two story structures, the U.B.C. may define
the structure as a three story building requiring an
additional exit or other improvements.
12. The application is approved as modified and shall not be
altered without authorized agency (agent) review and
approval.
13. For new residential dwelling unit(s), 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 prior to (as applicable):
TC/04/CRO5-204WP5 6(1-12-89-2) CASE NO. 88-092DR
a. Final occupancy inspection.
SITE DEVELOPMENT
14. The site shall be developed in accordance with the
approved site plans on file in the Planning and Community
Development Department and the conditions contained
herein.
15. Revised (if applicable) site plans and building
elevations incorporating all conditions of approval or
required modifications shall be submitted to and found
satisfactory by the Planning and Community Development
Department prior to issuance of building permits or any
other applicable approvals.
16. Prior to any use of the project site or business activity
being commenced thereon, all conditions of approval
contained herein shall be completed to the satisfaction
of the Director of the Planning and Community Development
Department.
17. Any change to the natural drainage or concentration of
drainage shall be adequately handled and shall not impact
adjacent properties.
18. A plan shall be submitted for approval by the Director
of the Planning and Community Development Department and
the Encini tas 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.
PARKING AND VEHICULAR ACCESS
19. Parking lot layout shall meet the standards of the Zoning
Ordinance and the off street Parking Design Manual.
20. Driveways shall meet the standards of the Zoning
Ordinance, Pub I ic Works Standards, and the off street
Parking Design Manual.
LANDSCAPING
21. A detailed landscape and irrigation plan incorporating
the modification described above shall be submitted to
and approved by the authorized agency (agent) prior to
the issuance of building permits.
22. 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
TC/O4/CRO5-204WP57(1-12-89-2) CASE NO. 88-092DR
depreciate adjacent property values and otherwise
adversely affect adjacent properties.
23. Landscaping shall be maintained in such a way so view
corridors are not blocked.
APPLICANT SHALL CONTACT THE ENCINITAS FIRE PROTECTION DISTRICT
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS (ITEMS 24
AND 25):
FIRE
EXISTING STRUCTURE
24. Provide compliance with Uniform Building code for
property line clearances considering use, area and fire
resistance of existing buildings.
25. Existing building(s) shall be made to comply with current
building and zoning regulations for the intended use or
the building shall be demolished with appropriate
permits.
APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS: (ITEMS 26 THROUGH
30):
GRADING
26. Grading of the subject property shall be in accordance
with the Grading Ordinance.
27. The final grading plan shall be 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.
STREETS AND SIDEWALKS
(The authorized agency may modify City standards in
particular cases. The application of a request for such
modification must show special circumstances or
conditions affecting the property in question; and that
such modification is 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 injurious
to other property in the immediate vicinity pursuant to
Municipal Code(s).)
28. street improvements that include, but are not limited to
sidewalks shall be repaired or replaced prior to the
occupancy of the units to the satisfaction of the
Director of Public of Public Works for the following
streets:
a. "C" street
TC/O4/CRO5-204WP5 8(1-12-89-2) CASE NO. 88-092DR
29. Prior to any work being performed in the public
right-of-way, a right-of-way construction permit shall
be obtained from the Public Works office and appropriate
fees paid, in addition to any other permits required.
DRAINAGE AND FLOOD CONTROL
30. Concentrated flows across driveways and/or sidewalks
shall not be permitted.
TC/04/CRO5-204WP5 9(1-12-89-2) CASE NO. 88-092DR