1995-02
RESOLUTION NO. OE 95-02
A RESOLUTION OF
THE OLD ENCINITAS COMMUNITY ADVISORY BOARD
APPROVING A DESIGN REVIEW APPLICATION FOR A
MIXED USE COMMERCIAL / RESIDENTIAL DEVELOPMENT
IN THE D-CM-2 ZONE FOR PROPERTY
LOCATED AT 904 SECOND STREET
(CASE NUMBER 95-014 DR)
WHEREAS, a request for Design Review Permit was filed to allow
an expansion to an existing building in the D-CM-2 Zone, in the
Downtown Encinitas Specific Plan area in accordance with Chapter
23.08 of the City of Encinitas Municipal Code, for the property
located at 904 Second Street, legally described as:
Lot 1, Block 16 of ENCINITAS, in the City of Encinitas, County
of San Diego, State of California, according to Map thereof
No. 148, filed in the Office of the County Recorder of San
Diego County, June 12, 1883.
WHEREAS, a public hearing was conducted on the application on
February 23, 1995, by the Old Encinitas Community Advisory Board;
and
WHEREAS, the Board considered:
1. The February 23, 1995, staff report to the Community
Advisory Board with attachments;
2. Application dated received January 20, 1995;
3. Plans consisting of three sheets, dated received by the
City February 7, 1995;
4. Oral evidence submitted at the hearing;
5. Any written evidence submitted at the hearing; and
WHEREAS, the Community Advisory Board made the following
findings pursuant to Chapters 23.08 of the Encinitas Municipal
Code:
(SEE ATTACHMENT "A")
NOW, THEREFORE, BE IT RESOLVED that the Old Encinitas
Community Advisory Board of the City of Encinitas hereby approves
application 95-014 DR, subject to the following conditions:
(SEE ATTACHMENT "B")
JK/95014DR.SR (2-7-95) 1
PASSED AND ADOPTED this 23rd day of February, 1995, by the
following vote, to wit:
AYES: Birnbaum, Harden, Wells
NAYS: None
ABSENT: Comeau, Pearce
ABSTAIN: None
UL~
Adam Birnbaum, Chairman
of the Old Encinitas
Community Advisory Board
.-YrTo C-- -é"~
/Diane Langager
Assistant Planner
JK/95014DR.SR (2-7-95) 8
ATTACHMENT nAn
Resolution No. OE 95-02
Case No. 95-014DR
Applicant: B' B Communications
Findinqs: (Code Section, Factual Circumstances, Reasoning,
Conclusion
Section 23.08.072 of the Municipal Code provides findings
applicable to Design Review:
A. The project design is not inconsistent with the General Plan, a
Specific Plan or the provisions of this Code.
Facts: The Community Development Staff has provided a
detailed review of the application in light of the Downtown
Encinitas Specific Plan standards, and the Old Encinitas
Community Advisory Board has reviewed the application.
Discussion: A review of the application has been conducted by
the Community Development Staff and the Old Encinitas
Community Advisory Board and all applicable standards and
goals have been found to be satisfied with the subject
application.
Conclusion: The Old Encinitas Community Advisory Board
determines that the project as proposed is consistent with the
specific plan.
The project meets all applicable standards contained in the
Specific Plan.
B. The project design is substantially consistent with the City's
Design Review Guidelines.
Facts: Chapter 23.08 of the Municipal Code contains Design
Review Guidelines with which the authorized agency must find
the project substantially consistent in order to grant
approval.
The applicant proposes to construct a mixed use office /
residential project with a total floor area of 3,250 sq. ft.,
and a total floor area ratio of .65.
Discussion: 1) Site design: with regard to Design Guidelines
1.1 -1.11, the Board finds that the proposed project
adequately addresses these required elements. Specifically,
regarding Guideline 1.4, the Board finds that the project
adequately provides for views "to the site" in that the
project proposes additions having substantial building wall
JK/95014DR.SR (2-7-95) 3
variation and varied roof lines, creating a project with a
high degree of visual interest.
The Board finds that the proj ect adequately provides for
views"from the site" since the project, with second story
office and residential additions, will enhance views from the
site. The Board finds that the project adequately provides
for views "through the site" since the proposed addition would
have an insignificant impact on any existing views through the
site.
2. Building design: Regarding building design, as previously
stated, the overall project presents a varied and visually
interesting image to the surrounding community with the high
degree of building wall variation and building massing which
is not clustered in one large mass or "box", and therefore
complies with Design Review Guidelines 2.1 - 2.12. Regarding
Guidelines 2.3 - 2.6, the Board finds that, as discussed
above, the addition would constitute an enhancement to the
property.
3. Landscape Desiqn: The applicant proposes to add
substantial landscaping to the project site, well in excess of
the 10% minimum (approximately 21%), including to the parkway
area. Turf areas with an assortment of ground cover, shrubs,
and trees are proposed on the site.
Conclusion: The Board finds that the project complies with
the spirit and intent of the specific plan, and with the
Design Review Guidelines, and would constitute an enhancement
to the project site and the surrounding area.
C. The project would not adversely affect the health, safety, or
general welfare of the community.
Facts: The project has been found exempt from environmental
review pursuant to section 15303 of the California
Environmental Qual i ty Act (CEQA) and no potential negative
affects on the health, safety, or general welfare of the
community have been identified in conjunction with this
project.
Conclusion: The Board finds that the project would 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.
Facts: The surrounding neighborhood consists of a mix of
residential and commercial buildings. The project proposes a
JK/95014DR.SR (2-7-95) 4
mixed-use residential/office project, with significant
additions and enhancements to the project site.
Discussion: The proposed project will modify an existing
building of approximately 830 sq. ft., constructing additions
for a total floor area of 3,250 sq. ft. As discussed above,
the project will create a visually interesting site and
constitute an enhancement to the surrounding area.
Conclusion: The Board finds that the project will create a
visually interesting site and constitute an enhancement to the
surrounding area.
JK/95014DR.SR (2-7-95) 5
ATTACHMENT nBn
Resolution No. OE 95-02
Case No. 95-014DR
Applicant: B' B Communications
1. SPECIAL CONDITIONS
A. Prior to final inspection authorization of any building
permi t associated with "phase 1" of the proj ect, the
accessory building located adj acent to the westerly
property line, and south of the one-car garage, shall be
removed.
B. Prior to final inspection authorization of any building
permi t associated with "phase 1" of the proj ect, the one-
car garage structure, located adjacent to the westerly
property line, shall be opened and made permanently
available for parking, with any necessary improvements
made to said building in order for it to practically
function as regular parking. said garage may remain
until its required demolition with the construction of
"phase 3" of the project i.e. the approved residential
building.
C. Prior to final inspection authorization of any building
permit associated with "phase 1" of the project, the
handicap parking space shown on the approved site plan
shall be installed and fully improved, as required for
such a space.
D. Prior to final inspection authorization of any building
permit associated with "phase 1" of the project,
irrigation and landscaping materials shall be installed
as follows: All plantings shown in the parkway / public
right of way shall be installed (note: one Sweet Bay
(Laurus nobilis) shall be installed along the Second
Street frontage in place of the two California Sycamore
trees shown). Additionally, all plantings shown around
the office building shall be installed, with the
exception of those plantings that would otherwise have to
be removed for phase two or three construction, per the
discretion of Community Development staff review at time
of final inspection of phase one. All other plantings
shown on the landscape plan shall be installed prior to
final inspection of phase 3. Note that street trees in
the parkway area shall be 15 gallon minimum size.
E. Landscape materials shall be kept in a thriving condition
at all times.
JK/95014DR.SR (2-7-95) 6
F. Prior to issuance any buildinq permit associated with
"phase 1" of the project, a formal irrigation plan for
the entire project site shall be approved by the
Community Development Department.
2. GENERAL CONDITIONS
A. This approval will expire on February 23,1997, two years
from the date of approval, unless a building permit has
first been obtained, or an extension has been approved by
the Authorized Agency.
B. This approval may be appealed to the authorized agent
within 15 days from the date of this approval.
C. The proj ect is conditionally approved as submitted as
evidenced by the project plans dated received February 7,
1995, and consisting of three sheets, and signed by a
City Official as approved by the Old Encinitas CAB on
February 23, 1995, and shall not be altered without
Community Development Department approval.
D. Nothing in this permit shall relieve the applicant from
complying with the conditions and regulations generally
imposed upon activities similar in nature to the activity
authorized by this permit.
E. Approval of this request shall not waive compliance with
any sections of the Zoning Code and all other applicable
City Ordinances in effect at the time of Building Permit
issuance unless specified herein.
F. 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 submittal.
G. Permits or findings of exemption shall be obtained from
the state Coastal Commission and any other applicable
Government agencies.
APPLICANT SHALL CONTACT THE DEPARTMENT OF COMMUNITY DEVELOPMENT
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
3. SITE DEVELOPMENT
A. Prior to issuance of building permits, all conditions of
approval contained herein shall be completed to the
satisfaction of the Director of Community Development.
JK/95014DR.SR (2-7-95) 7
B. All cost recovery fees associated with the processing of
this application shall be paid in full prior to issuance
of the building permit.
C. Minor modifications to this Design Review Permit, if
deemed to be in substantial conformance with the original
approval, may be approved, in writing, by the Director of
Community Development. The Director may refer any
modification request to the CAB for their review/approval
in accordance with the Municipal Code.
THE APPLICANT SHALL CONTACT THE ENCINITAS BUILDING DIVISION
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION:
4. BUILDING
A. A Building permit is required for this project. Submit
plans and specifications to the Building Division for a
complete plan check and review. Contact the Building
Division for specific questions regarding plan submittal.
APPLICANT SHALL CONTACT THE FIRE PROTECTION DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
5. A. Address numbers shall be clearly visible from the street
fronting the structure. The height of the numbers shall
be to Fire District standards. Where structures are
located off a roadway on long driveways, a monument shall
be placed at the entrance where the driveway intersects
the main roadway. Permanent address numbers shall be
affixed to this monument.
B. Prior to issuance of building permits, the applicant
shall submit a letter from the Fire District stating that
all development impact, plan check and/or cost recovery
fees have been paid or secured to the satisfaction of the
District.
C. Smoke detectors shall be installed per Fire Department
requirements and shall be inspected by the Fire
Department.
APPLICANT SHALL CONTACT THE ENGINEERING DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
6. DRAINAGE
A. Concentrated flows across driveways and/or sidewalks
shall not be permitted.
B. Prior to work being performed in the public right-of-way,
a right-of-way permit shall be obtained from the City
JK/95014DR.SR (2-7-95) 8
Engineer's office and appropriate fees paid, in addition
to any other permits required.
C. The developer shall obtain the City Engineer's approval
of the proj ect improvement plans and enter into a secured
agreement with the City for completion of said
improvements prior to issuance of any building permit
within this project. The improvements shall be
constructed and accepted for maintenance by the City
Council prior to occupancy of any building permit for any
unit within this project. The improvements are: Paving
to City standards of the Alley adjacent to the property.
7. UTILITIES
A. The developer shall comply with all the rules,
regulations and design requirements of the respective
utility agencies regarding services to the project.
B. The developer shall be responsible for coordination with
S.D.G&E, Pacific Telephone, and Cable TV authorities.
C. All proposed utilities within the project shall be
installed underground, including existing utilities,
unless exempt by the Municipal Code.
D. The developer shall be responsible for the relocation and
undergrounding of existing public utilities, as required.
JK/95014DR.SR (2-7-95) 9