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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