1990-09-27
OLD ENCINITAS COMMUNITY ADVISORY BOARD
City of Regular Meeting Agenda and Action Minutes
Encinitas
PLACE OF MEETING: CITY COUNCIL CHAMBERS
535 Encinitas Boulevard
Encinitas, CA 92024
PLANNING DEPT. (619) 944-5060
Thursday, September 27, 1990 - 7:00 P.M.
1. CALL TO ORDER/ROLL CALL
Community Advisory Board Members Present:
Peter Tobias, Adam Birnbaum, Mark Steyaert, Lee Rotsheck
Community Advisory Board Members Absent:
James Townsend
Staff Members Present:
Tom Curriden, Associate Planner
Matthew Newman, Planning Technician
8 Jesse Tench, Community Services Representative
Greg Shields, Public Works Representative
2. PLEDGE OF ALLEGIANCE
Board Member Steyaert led the CAB in the Pledge of Allegiance.
3. SPECIAL PRESENTATIONS/ANNOUNCEMENTS
None.
4. ORAL COMMUNICATIONS
None.
5. CLOSING AND ADOPTION OF CONSENT CALENDAR
A. Approval of Minutes from meeting (s) of: September 13,
1990.
B. Other Items
Approval of Resolution NO. OE90-20, Case No. 90-182
MIN/DR
8 NOTE: Board Member Steyaert pulled Item 5B from the consent
calendar.
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Motion: Board Member steyaert - To accept and adopt the
8 Consent Calendar with the following revisions:
Item 5B is removed from the consent Calendar.
Second: Board Member Birnbaum
Vote: Ayes - Tobias, Birnbaum, Steyaert, Rotsheck
Nays - None
Absent - Townsend
Abstain - None
6. PUBLIC HEARINGS CONTINUED
A. CASE NUMBER: 90-140 DR/V - CAB II Hearing
APPLICANT: Redmon
LOCATION: 11 and 15 East H street
DESCRIPTION: Variance to exceed the required Floor Area
Ratio and Design Review for a two room addition
above garages for an existing duplex.
ENVIRONMENTAL
STATUS: Exempt per section 15301(e) of CEQA
8 Motion: Board Member Birnbaum - To approve Case No. 90-140
DR/V with staff recommendations.
Second: Board Member Rotsheck
Vote: Ayes - Tobias, Birnbaum, Steyaert, Rotsheck
Nays - None
Absent - Townsend
Abstain - None
B. CASE NUMBER: 88-367 DR/ErA - CAB II Hearing
APPLICANT: Les Young
LOCATION: North of Encinitas Boulevard approximately 300
feet east of Saxony
DESCRIPTION: Design Review for 45,000 sq ft professional
office complex
ENVIRONMENTAL
STATUS: Environmental Impact Report pending
certification
Motion: Board Member Birnbaum - To continue Case No. 88-367
8 DR/EIA to the October 11, 1990 meeting of the Old
Encinitas CAB to allow time for the applicant to
address the following issues:
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1. The applicant shall meet with the easterly
8 adjacent property owner (or owners agent) to
identify possible locations where auto and
pedestrian access between the two properties
could be provided.
2. The southerly portion of the building shall be
redesigned to step down with the topography.
3. The building roof shall be redesigned to
provide some variability.
4. The applicant should take a closer look at the
topography of the slope fronting on Encinitas
Blvd. and do not install lawn if grade is
greater than 3:1.
5. Increase the quantity of box size trees
proposed for the site.
6. Provide tall trees, such as Alders in between
the Carrotwoods along the driveway access.
7. Replace some of the proposed Carrotwood trees
within the parking area with large spreading
trees such as Oak or Pines.
8 8. Provide additional landscape islands within the
parking area.
Second: Board Member Rotsheck
Vote: Ayes - Tobias, Birnbaum, steyaert, Rotsheck
Nays - None
Absent - Townsend
Abstain - None
c. CASE NUMBER: 89-256 DR/EIA - CAB II Hearing
APPLICANT: Pacific Scene
LOCATION: North of Marcheta between Melrose and La Veta,
and south of Marcheta between Melrose and
public alley
DESCRIPTION: Design Review and Environmental Initial
Assessment for 22 detached single family homes
on individual legal lots
ENVIRONMENTAL
STATUS: Negative Declaration pending certification
8 Motion: Board Member Tobias - To deny Case No. 89-256 DR/EIA
with the following findings:
MN/jm/CAB23-1980wp5 (10/15/90-6) 7
A. The project design is consistent with the
8 General Plan, a Specific Plan, or the provisions of
this code.
Evidence: The project involves 22 detached
single family homes on separate legal lots, as
is explicitly allowed for in the RS-11 zone in
accordance with sEction 30.08.010 of the
Municipal Code and in the Land Use Element of
the General Plan (p. LU-44).
However, Encinitas Municipal Code section
23.08.070(B) requires that projects subject to
Design Review shall be approve "unless findings
of fact are made based upon the information
presented in the application or during the
hear ings which support one or more of the
regulatory conclusions contained in this
Chapter. The decision maker shall elaborate
on each of the regulatory conclusions made in
support of a denial in sufficient detail to
explain as clearly as possible the reasons for
the denial."
In this instance, the regulatory conclusions
made by the Board in support 0 the denial are
as follows:
8 Regulatory conclusion 23.08.070 (G) reads liThe
project design is substantially out of scale
wi th the predominant scale of structures in the
adjacent neighborhood because each and every
one of the proposed homes is two stories and
of a 24 to 26 foot height, whereas the majority
of the homes in the surrounding neighborhood
are of a lesser scale in terms of height, and
many are one story.
Regulatory conclusion 23.08.076 (E2) reads "The
project is not harmonious with or is
functionally incompatible with the adjacent
property in... location of structures on the
site." The Board finds that the project is not
harmonious with adjacent properties in terms
of the location of the structures on the site
because each of the homes is at or near the
minimum required front yard setback whereas the
neighborhood maintains a variety of setbacks
greater than the minimum required front yard
setback.
B. The design is substantially consistent with the
8 Design Review Guidelines.
Evidence: The Board finds that the project is
not substantially consistent with the Design
MN/jm/CAB23-1980wp5 (10/15/90-6) 8
Review Guidelines for reasons including the
8 inconsistencies with the surrounding areas in
terms of scale and building siting described
under finding nAn above.
C. The proj ect would tend to cause the surrounding
neighborhood to depreciate materially in appearance
or value.
Evidence: The Board finds that the appearance
of the neighborhood would be depreciated by the
construction of homes out of scale with the
preponderance of other homes in the area.
Second: Board Member Steyaert
Vote: Ayes - Tobias, Birnbaum, Steyaert
Nays - Rotsheck
Absent - Townsend
Abstain - None
7. PUBLIC HEARINGS
A. CASE NUMBER: 90-134 MUP/EIA
APPLICANT: city of Encinitas
8 LOCATION: 482 Orpheus Road
ENVIRONMENTAL
STATUS: Negative Declaration pending certification.
Motion: Board Member Tobias - To continue Case No. 90-134
MUP/EIA to the October 25, 1990 meeting of the Old
Encinitas CAB to allow time for the applicant to
address the following issues:
1. If parking is provided in the location
proposed, reduce the amount of landscaping
between the parking lot and Orpheus for
improved security.
2. Provide fewer tall trees in the center and
easterly side of the park or cluster them to
protect views.
3. Provide pedestrian access between the park and
school.
4. Provide benches with backs in the park.
5. Provide additional landscaping along the edges
8 of the park.
6. If possible, schedule a meeting between the
Community Services Department and area
MN/jm/CAB23-1980wp5 (10/15/90-6) 9 i
residents to ensure that the neighborhood
8 concerns are addressed.
7. The applicant shall bring the park designer to
the next meeting on this case to enable the
Board to ask technical questions about the
park.
Second: Board Member Rotsheck
Vote: Ayes - Tobias, Birnbaum, steyaert, Rotsheck
Nays - None
Absent - Townsend
Abstain - None
B. CASE NUMBER: 90-162 TPM/V
APPLICANT: Montgomery
LOCATION: Terminus of Avenida San Clemente west of Balour
Drive
DESCRIPTION: Four lot subdivision plus remainder parcel
ENVIRONMENTAL
STATUS: Exempt per section 15315 of CEQA
8 Motion: Board Member Birnbaum - To continue Case No. 90-162
TPM/V to the October 11, 1990 meeting of the Old
Encinitas CAB.
Second: Board Member Tobias
Vote: Ayes - Tobias, Birnbaum, steyaert, Rotsheck
Nays - None
Absent - Townsend
Abstain - None
8. ITEMS REMOVED FROM THE CONSENT CALENDAR BY COMMUNITY ADVISORY
BOARD
NOTE: Board Member Steyaert pulled Item 5B, approval of
Resolution No. OE 90-20 from the consent calendar.
Motion: Board Member Rotsheck - To approve Resolution No.
OE 90-20 with the following revisions:
Specific Condition E is revised to read:
E. Upon receipt of any citizen complaint regarding
the approved use, the use permit shall be
8 subject to re-review by the Old Encinitas CAB
at the end of that year. If no complaint is
received within one year of the date of this
approval, the use permit shall be deemed
MN/jm/CAB23-1980wp5 (10/15/90-6) 10
renewed automatically for a period of three
8 years. For that three year period, and
subsequent consecutive three year intervals,
if any complaint is received by the city
regarding the approved use, the use permit
shall be scheduled for re-review at the end of
that three year period.
Second: Board Member Tobias
Vote: Ayes - Tobias, Birnbaum, steyaert, Rotsheck
Nays - None
Absent - Townsend
Abstain - None
9. COMMUNITY ADVISORY BOARD/PLANNER REPORTS
Informational Items - No action to be taken.
10. BUSINESS
11. ADJOURNMENT
Motion: Board Member Rotsheck - To adjourn at 11:45 P.M. to
the next regularly scheduled meeting of this
Community Advisory Board to be held October 11,
8 1990.
Second: Board Member steyaert
Vote: Ayes - Tobias, Birnbaum, Steyaert, Rotsheck
Nays - None
Absent - Townsend
Abstain - None
A proponent or protestant of record may appeal a final decision of
the hearing body by filing the appeal within fifteen (15) calendar
days after the hearing through the Office of the City Clerk, City
of Encinitas, 527 Encinitas Boulevard, Encinitas, CA 92024.
8
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