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
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Adam Birnbaum
Chairman of the
Old Encinitas CAB
ATTEST:
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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)