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1991-11 RESOLUTION NO. OE91-11 A RESOLUTION OF THE OLD ENCINITAS COMMUNITY ADVISORY BOARD APPROVING A DESIGN REVIEW PERMIT FOR A PROPOSED DUPLEX FOR PROPERTY LOCATED AT 841-843 THIRD STREET (CASE NUMBER 91-063 DR) WHEREAS, a request for consideration of a Design Review Permit was filed by Mr. Stan Keiser for a proposed duplex per Chapter 23.08 of the City of Encinitas Municipal Code, for the property located at 841-843 Third Street, legally described as: Lot Eleven (11), in Block Seventeen (17), Townsite 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 on June 12, 1883. WHEREAS, a public hearing was conducted on the application on May 16, 1991 and; WHEREAS, the Community Advisory Board considered: 1. The staff report dated May 8, 1991; 2. The application, site plan, elevations, floor plans and landscape plan, dated March 16, 1991 and dated received April 3, 1991 submitted by the applicant; 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 Chapter 23.08 of the Encinitas Municipal Code: (SEE ATTACHMENT "A") NOW, THEREFORE, BE IT RESOLVED by the Old Encinitas Community Advisory Board of the City of Encinitas that application 91-063 DR is hereby approved subject to the following conditions: (SEE ATTACHMENT "B") BE IT FURTHER RESOLVED by the Old Encinitas Community Advisory Board of the City of Encinitas that: This project was found to be exempt from environmental review under section 15303 (b) of the State CEQA Guidelines. MN/91063DR.RES/5-10-91 1 PASSED AND ADOPTED this 16th day of May, 1991, by the following vote, to wit: AYES: Cartwright, Lewis, Cowen, Steyaert NAYS: None ABSENT: None ABSTAIN: None ATTEST: - ---;t; - ~ ~ - ~-- ç.-- Tom Curriden Associate Planner MN/91063DR.RES/5-10-91 2 ATTACHMENT "A" FINDINGS FOR DESIGN REVIEW (CHAPTER 23.08 MUNICIPAL CODE) (Case' 91-063DR) Findings: The following findings must be made by the Board to warrant approval of the design review permit pursuant to Chapter 23.08 of the Encinitas Municipal Code: A. The project design is inconsistent with the General Plan, a Specific Plan or the provisions of this Code. Evidence: The Board finds that the proposed duplex is consistent with the Municipal Code and the General Plan. There is no Specific Plan approved in Downtown Encinitas. B. The project design is substantially inconsistent with the City's Design Review Guidelines. Evidence: What follows is a brief discussion of the project as it relates to the City's adopted design criteria from Chapter 23.08 of the Municipal Code, broken down by section: 1. site design - The guidelines applicable to site design are guidelines 1.4 through 1.7 from section I of the Design Review Guidelines and'Sections 23.08.074 A, F and G of the Municipal Code. with respect to guideline 1.4 and section 23.08.074 F, the building has been design to take advantage of views from the site, to the site and through the site as much as possible. Large windows and a 2nd story deck provide views to the west while the steeply pitched roof structure has two ridges to minimize view impacts through the site. With regard to guidelines 1.5 through 1.7, and sections 23.08.074 A and G, the project has been designed to minimize conflicts between autos and pedestrians by providing parking off the alley while preserving the front yard for pedestrians. The Board suggests that a small decorative wall be built in front of each of the grasscrete patio areas to ensure that they not be used for parking. The Board finds that the proposed duplex is substantially consistent with the site design guidelines. 2. Building design - The guidelines applicable to building design are guidelines 2.3 through 2.7 and 2.11 from section II of the Design Review Guidelines and sections 23.08.076 A, B, E and G of the Municipal Code. with respect to guidelines 2 . 3 ,and 2. 5, and sections 23.08.076 A and G, a traditional architectural style and scale which is common throughout the MN/91063DR.SR/5-8-91 8 neighborhood is proposed for this duplex. In addition, the design elements are consistent throughout the project. with regard to guideline 2.4 and Section 23.08.076 E, the exterior of the building is proposed to be finished with peach earth tone stucco and white trim. The three earth tone colors and the white trim around the windows and doors are complementary. The Board suggests that some additional trim features at the rear of the building to provide more unity between the front, sides and rear elevations. with respect to guidelines 2.6, 2.7 and 2.11 and section 23.08.076 B, the roof lines are varied to provide interest to the duplex. The two proposed dormer windows help to break up the roof structure, particularly on the north elevation. The Board suggests that an additional dormer be provided on the south elevation, if possible, to break up the long roof. The charcoal grey asphalt shingles complement the lighter earth tones of the building. The Board finds that the proposed design, with minor modifications as discussed above, is substantially consistent with the building design guidelines. 3. Landscape design - The guidelines applicable to landscape design are guidelines 3.1 through 3.4, 3.7 and 3.9 of section III of the Design Review Guidelines, and sections 23.08.077 A, Band C of the Municipal Code. with respect to guidelines 3.1 and 3.2, the landscape plan indicates that the proposed plantings will create a sense of continuity between the front and rear of the building. Some of the same shrubs are proposed at both the front and the rear of the site including Raphiolepis Indica and Photinia Fraseri. This provides a predominant evergreen texture and color on the site. with regard to guidelines 3.3 and 3.9, drought tolerant shrubs and trees are proposed including a 15 gallon Malaleuca in the front yard and Heavenly Bamboo in the rear yard. with regard to guideline 3.4, and section 23.08.077 C, the Board suggests that some of the plantings should be increased in size to give the project an appearance of maturity within three years. The plans indicate that some shrubs are proposed to be only 1 gallon size rather than 5 gallon. Similarly, the Pinon Nut pine in the rear yard is only proposed to be 5 gallon size rather than 15 gallon size as recommended in the landscape guidelines. In addition, the Board recommends that 2 additional 15 gallon trees be proposed off the alley in the rear yard. Finally, with regard to guideline 3.7, sections 23.08.077 A and B, the architect has used landscaping to screen the trash enclosure and has selected low maintenance sq.rubs and ground cover. The Board finds that, with minor adjustments to the landscape plan MN/91063DR.SR/5-8-91 9 discussed above, the plan is substantially consistent with the landscape guidelines. c. The project would adversely effect the health, safety, or general welfare of the community. Evidence: The Board finds that no negative affects on the health, safety, or general welfare of the community have been identified in conjunction with this project. D. The project would cause the surrounding neighborhood to depreciate materially in appearance or value. Evidence: The Board finds that the project represents an upgrade to the site which currently contains a surface parking lot. No evidence can be found which would suggest that the surrounding neighborhood would depreciate materially in appearance or value as a result of this project. MN/91063DR.SR/5-8-91 10 STANDARD CONDITIONS ATTACHMENT "B" Applicant: Keiser Case No: 91-063 DR Subject: Design Review for Proposed Duplex Location: 841-843 Third Street I. SPECIFIC CONDITIONS 1. Prior to Building Permit issuance, the plans shall be revised to the satisfaction of the Community Development Department to indicate a decorative wall at least 1 foot in height placed at the west edge of each rear patio area to separate the parking area from the patios. In addition, a 2 foot wide planting area planted with shrubs shall be provided in front of these walls to screen the patio areas from the alley. The plans shall also indicate that the two trash enclosure areas are to be removed and replaced with landscaping. New trash enclosure areas shall be placed within the rear patio areas. 2. Prior to Building Permit issuance, the landscape plans shall be revised to the satisfaction of the Community Development Department as follows: A. Provide two columnar trees a minimum of 15 gallon size in the rear planting areas off the alley. B. Provide two columnar trees a minimum of 15 gallon size in each of the side yards. C. Increase the size of the proposed tree between the parking spaces to a minimum of 15 gallon size. D. Replace the proposed street tree with a variety approved by the Public Works Department. It STANDARD CONDITIONS 1. GENERAL CONDITIONS A. This approval will expire in two years, on May 16, 1993 at 5:00 p.m. unless the conditions have been met or an extension has been approved by the Authorized Agency. MN/02/CR09-814wp51(5/24/91-3) B. This approval may be appealed to the authorized agency within 15 calendar days from the date of this approval. C. In the event that any of the conditions of this permit are not satisfied, the Planning and community Development Department shall cause a noticed hearing to be set before the authorized agency to determine why the City of Encinitas should not revoke this permit. D. Approval of this request shall not waive compliance with any sections of the Zoning Development Code and all other applicable City Ordinances in effect at the time of Building Permit issuance unless specifically waived here. E. 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 issuance unless specifically waived here. F. This approval shall become null and void if building permits are not issued for this project within two years from the date of project approval. If the applicant is not able to obtain building permi ts due to a growth management program within the two year period, this approval may be extended by the Director of Planning and Community Development to allow for the issuance of building permits. G. Permits from other agencies will be required as follows: Coastal Commission H. Prior to issuing a final inspection on framing, the applicant shall provide a survey from a licensed surveyor or a registered civil engineer verifying the building height is in compliance with the design review permit. I. Project is approved as submitted/modified as evidenced by the plot plan dated March 16, 1991 and received by the City of Encinitas on April 3, 1991 and signed by a City Official as approved by the Old Encinitas Community Advisory on May 16,1991 and shall not be altered without Planning and Community Development Department review and approval. MN/02/CR09-814wp5 2(5/24/91-3) APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 2. SITE DEVELOPMENT A. site shall be developed in accordance with the approved site plans which are dated and signed as approved on May 16, 1991 by Community Advisory Board/Planning Commission/City Council and which are on file in the Planning and Community Development Department and the conditions contained herein. B. For new residential dwelling unit(s), the applicant shall pay development fees at the established rate. Such fees may include, but not be I imi ted to: Permit and Plan Checking Fees, School Fees, Water and Sewer Service Fees, Traff ic Fees, Drainage Fees, and Park Fees. Arrangements to pay these fees shall be paid prior to: Building permit issuance. as deemed necessary by the appropriate agency. C. Any change to the natural drainage or concentration of drainage shall be adequately handled and shall not impact adjacent properties. 3. PARKING AND VEHICULAR ACCESS A. Driveways shall meet the standards of the Zoning Ordinance, Public Works Standards, and the Offstreet Parking Design Manual. 4. LANDSCAPING A. All required plantings shall be in place prior to use or occupancy of new buildings or structures. All required plantings shall be maintained in good growing conditions, and whenever necessary, shall be replaced with new plant materials to ensure continued compliance with applicable landscaping, buffering, and screening requirements. All landscaping shall be maintained in a manner that will not depreciate adjacent property values and otherwise adversely affect adjacent properties. MN/02/CR09-814wp5 3(5/24/91-3) APPLICANT SHALL CONTACT THE ENCINITAS FIRE PROTECTION DISTRICT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 5. FIRE A. structures shall be protected by automatic fire sprinkler systems. Sprinkler systems shall be installed to the satisfaction of the Encinitas Fire Protection District. B. Prior to final recordation, 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. APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: Gradinq Conditions 1. A soils/geological/hydraulic report (as applicable) shall be prepared by a qualified engineer licensed by the State of California to perform such work at first submittal of a grading plan. Drainaqe Conditions 2. Concentrated flows across driveways and/or sidewalks shall not be permitted. Street Conditions 3. Prior to any work being performed in the public right-of-way, a right-of-way construction permit shall be obtained from the Public Works office and appropriate fees paid, in addition to any other permits required. 4. Plans specifications, and supporting documents for all improvements shall be prepared to the satisfaction of the City Engineer. 5. Developer shall execute and record a covenant with the County Recorder agreeing not to oppose the formation of an assessment district to fund the installation of right-of-way improvements. utilities 6. The developer shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies regarding services to the project. MN/02/CR09-814wp5 4(5/24/91-3) 7. The developer shall be responsible for coordination with S.D.G. & E., Pacific Telephone, and Cable TV authorities. 8. All proposed utilities within the project shall be installed underground including existing utilities unless exempt by the Municipal Code. 9. The developer shall be responsible for the relocation and undergrounding of existing public utilities, as required. Map None. MN/02/CR09-814wp5 5(5/24/91-3)