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)