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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 ,> ..-' ~O<------, -" ~,...-...--=~":" ---- 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