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1995-09 RESOLUTION NO. OE 95-09 A RESOLUTION OF THE OLD ENCINITAS COMMUNITY ADVISORY BOARD APPROVING A DESIGN REVIEW PERMIT AND COASTAL DEVELOPMENT PERMIT FOR A PROPOSED SECOND UNIT OVER GARAGE TO BE CONSTRUCTED ON A SITE CONTAINING AN EXISTING SINGLE FAMILY RESIDENCE, LOCATED AT 515 FOURTH STREET IN OLD ENCINITAS (CASE NUMBER 95-187 DR/CDP) WHEREAS, a request for consideration of a design review pennit and coastal development pennit was filed by the Charles Helsel to allow addition of a second unit over garage on a site containing an existing single-family residence, in accordance with Chapters 23.08 and 30.08 of the City of Encinitas Municipal Code, for the property located in the D-RI5 zone at 515 Fourth Street in Old Encinitas, legally described as: The north half of Lot 14 and the south half of Lot 15 in Block 29 ofEncinitas, in the County of San Diego, state of California, according to the Map thereof No. 148, filed in the Office of County Recorder of San Diego County on June 12, 1883; and WHEREAS, a public hearing was conducted on the application on August 24, 1995 by the Old Encinitas Community Advisory Board; and WHEREAS, the Board considered: 1. The August 24, 1995 staff report to the Community Advisory Board with attachments; 2. The application and project plans consisting offive sheets including site plan, floor plans, construction details and elevations, all dated received July 27, 1995; 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 Sections 23.08.070 and 30.80.090 of the Encinitas Municipal Code: (SEE ATTACHMENT "A") NOW, THEREFORE, BE IT RESOLVED that the Old Encinitas Community Advisory Board of the City ofEncinitas hereby approves application 95-187 DR/CDP subject to the following conditions: (SEE ATTACHMENT "B") CD/tc/95187DR.RES (8-16-95) PASSED AND ADOPTED this 24th day of August, 1995, by the following vote, to wit: AYES: Birnbaum, Davis, Harden NAYS: None ABSENT: None ABSTAIN: None \ ¡ ¡', , " " Adam Birnbaum Chairman of the Old Encinitas CAB ATTEST: ----~ ~ /~ .. Tom Curriden Senior Planner CD/tc/95187DR.RES (8-16-95) ATTACHMENT "A" Resolution No. PC 95-09 Case No. 95-187 DR/CDP Applicant: Helsel Findings: (Code Section, Factual Circumstances, Reasoning, Conclusion a. The project design is consistent with the General Plan, a specific Plan, and the provisions of this Code. Facts: A duplex use is allowed by right in the D-RI5 zone pursuant to Section 3.2.1 (B) of the Downtown Encinitas Specific Plan. Design review for the addition of the second unit and garage is processed in accordance with Chapter 23.08 of the Municipal Code. The project complies with all of the technical development standards contained in Chapter 3.2.1 of the Downtown Encinitas Specific Plan and Chapter 30.16.010 of the Municipal Code. Conclusion: With approval of the required Design Review Pennit, this project is thus in full compliance with all Municipal Code and General Plan provisions. b. The project design is substantially consistent with the Design Review Guidelines. Discussion: In terms of site design (Municipal Code Section 23.08.074), the second unit and garage are located to take advantage of alley access and avoid any significant impacts to the existing front and interior yard areas of the existing residence. No significant alteration to existing landforms will occur and no significant views have existed in this location to be significantly impacted. In terms of building design (Municipal Code Section 23.08.076), the design appearance of the new building is compatible with that of the existing older home on the property, featuring horizontal wood lap siding, steeply pitched roo~ wood trim accents, and a matching color scheme. This treatment is applied consistently among all elevations. With regard to landscape design (23.08.077) the project site is landscaped primarily with lawns and will not be significantly altered with this project. Conclusion: It is the opinion of the Board that the proposal is in substantial compliance with the City's adopted design criteria. c. The project would not adversely affect the health, safety, or general welfare of the community. CD/tc/95187DR.RES (8-16-95) Discussion: The project involves only the addition of a second unit and garage on a property in an urbanized area with all public services and utilities available, and thus would not result in any impacts to public health, safety, or general welfare. The project is categorically exempt from environmental review pursuant to Section 15301(e) of the California Environmental Quality Act (CEQA). Conclusion: The Board finds that this project will not adversely affect the health, safety, or general welfare of the community. d. The project would not cause the surrounding neighborhood to depreciate materially in appearance or value. Conclusion: The Board finds that the proposed development is compatible with and complimentary to the existing residence on the property and thus will cause no material depreciation to the appearance or value of the surrounding neighborhood. FINDINGS FOR A COASTAL DEVELOPMENT PERMIT (Muni. Code Section 30.80.090): 1. The proposed development is consistent with the certified Local Coastal Program of the City of Encinitas; and 2. The proposed development conforms with Public Resources Code Section 21000 and following in that there are no feasible mitigation measurers or feasible alternatives available which would substantially lessen any significant adverse impact that the activity may have on the environment. Facts: The proposed duplex use is fully consistent with the use allowances in the D-RI5 zone of the Downtown Encinitas Specific Plan Section 3.2.1 (B) which allow for a duplex by right on sites 5,000 sq. ft. or larger. With issuance of that pennit based upon the required findings listed above, the project will be in full compliance with the City's Local Coastal Program, including the Land Use Plan and implementation regulations including the Municipal Code and Downtown Encinitas Specific Plan. No potentially significant adverse impacts will result and the project is categorically exempt from environmental review in accordance with Section 15301 of the California Environmental Quality Act (CEQA). Conclusion: The proposed development is consistent with the Local Coastal Program of the City ofEncinitas and is categorically exempt from environmental review in accordance with Section 15301 ofCEQA CD/tc/95187DR.RES (8-16-95) ATTACHMENT liB II CONDITIONS OF APPROVAL Resolution No. PC 95-09 Case No. 95-187 DR/CDP Applicant: Helsel I. SPECIFIC CONDITIONS The trash enclosure located at the northeasterly corner of the site shall not exceed a height of 4 ft., to be verified in the building plans prior to pennit issuance. ll. GENERAL CONDITIONS A This approval will expire in two years on August 24, 1997, at 5:00 p.m. unless the conditions have been met, or an extension has been approved by the Authorized Agency. B. This approval may be appealed to the authorized agency within 15 calendar days from the date of this approval. C. Approval of this request shall not waive compliance with any sections of the Municipal Code and all other applicable City Ordinances in effect at the time of Building Permit issuance unless specifically waived herein. D. Project is approved as evidenced by the project plans consisting of 5 pages, including site plan, floor plans, construction details, and elevations dated received by the City of Encinitas on July 27, 1995, and signed by a City Official as approved by the Old Encinitas Community Advisory Board on August 24, 1995 and shall not be altered without Community Development Department review and approval. E. Any change to the natural drainage or concentration of drainage shall be adequately handled and shall not impact adjacent properties. APPLICANT SHALL CONTACT THE ENCINITAS FIRE DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 2. FIRE A RECORDATION: Prior to final development approval, the applicant shall submit to the Community Development Department a letter from the Fire Department stating that all development impact, plan check and/or cost recovery fees have been paid or secured to the satisfaction of the Fire Department. CD/tc/95187DR.RES (8-16-95) B. ADDRESS NUMBERS: Address numbers shall be placed in a location that will allow them to be clearly visible from the street fronting the structure. The height of the numbers shall conform to Fire District standards. CD/tc/95187DR.RES (8-16-95)