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1991-21 RESOLUTION NO. OE91-21 A RESOLUTION OF THE OLD ENCINITAS COMMUNITY ADVISORY BOARD APPROVING A DESIGN REVIEW PERMIT FOR THE REMODEL AND EXPANSION OF AN EXISTING SINGLE FAMILY HOME AND THE ADDITION OF A SECOND UNIT TO BE CONSTRUCTED ON A 5,000 SQ FT LOT IN THE R-15 ZONE FOR PROPERTY LOCATED AT 707 THIRD STREET (CASE NUMBER 91-168 DR) WHEREAS, a request for consideration of a Design Review permit was filed by Ms. Linda Mettling for the remodel and expansion of an existing single family home and the addition of a second unit to be constructed on a 5,000 sq ft lot in the R-15 zone per Chapter 23.08 of the city of Encinitas Municipal Code, for the property located at 707 Third Street, legally described as: Lot 15, in Block 18, 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, California on June 12, 1883. WHEREAS, a public hearing was conducted on the application on November 21, 1991; WHEREAS, the Community Advisory Board considered: 1. The staff reports dated October 24, 1991 and November 14, 1991; 2. The application, site plan and submitted by the applicant dated received September 27, 1991 and revised on November 12, 1991; 3. Letter from certified Arborist #728, Ron Matranga dated November 5, 1991. 4. Oral evidence submitted at the hearing; 5. 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 91-168 DR is hereby approved subject to the following conditions: (SEE ATTACHMENT "B") . MN\91168DR.RES (11-14-91) 1 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 of the State CEQA Guidelines. PASSED AND ADOPTED this 21st day of November 1991, by the following vote, to wit: AYES: Birnbaum, Cartwright, Cowen, Lewis NAYS: None ABSENT: Steyaert ABSTAIN: :~None VO ginia Cartwright, airperson of . the Old Encinitas community Advisory Board ATTEST: ~ ~ Tom Curriden Associate Planner MN\91168DR.RES (11-14-91) 2 / ATTACHMENT "A" FINDINGS FOR DESIGN REVIEW (CHAPTER 23.08 MUNICIPAL CODE) Resolution No. OE91-21 Case No. 91-068 DR Applicant: Mettling 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 designed to take advantage of views from the site, to the site and through the site as much as possible. Large 2nd story windows provide views to the north and south while the orientation of the 2nd story addition minimizes 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. 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 whi~h is common throughout the neighborhood is proposed for this 2nd unit addition. Additionally, the design elements of the new portion of the proj ect match the existing single family home. with regard to guideline 2.4, and section 23.08.076 E, the exterior of the MN\91168DR.SR2 (11-14-91) 4 building is proposed to be finished with grey painted 1" x 8" horizontal lapped siding and white 2" x 4" exterior trim. with respect to guidelines 2.6, 2.7 and 2.11, and section 23.08.076 B, the roof lines have been revised to include 2 hips on the south elevation to reduce the massing and create interest. Finally, the dark brown asphalt shingles tend to complement the light grey siding of the building. 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 since only a few varieties of shrubs and ground cover is proposed. Some of the same landscaping is proposed at both the front and the rear of the site including Natal Plum and Bougainvillea. with regard to guidelines 3.3 and 3.9, drought tolerant shrubs are proposed in this landscape scheme. with regard to guideline 3.4, and section 23.08.077 C, the revised landscape plans indicate that the size of the plantings have been increased in size to give the project an appearance of maturity within three years. Finally, with regard to guideline 3.7 and sections 23.08.077 A and B, the plans indicate that a common landscape scheme is proposed for the site. The revised plans dated received November 12, 1991 indicate that the size and number of shrubs have been increased and trees have been added to the plan. The Board finds that with these revisions, this design review finding can be made. 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 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\91168DR.SR2 (11-14-91) 5 RESOLUTION NO. OE91-21 CONDITIONS OP APPROVAL ATTACHMENT "B" Applicant: Mettling Case No: 91-168DR Subject: Design Review Permit for the remodel and expansion of an existing single family home and the addition of a second unit to be constructed on a 5,000 sq. ft. lot. Location: 707 Third street I. STANDARD CONDITIONS I. SPECIFIC CONDITIONS A. Prior to Building Permit issuance, the applicant shall provide a detailed plan which will protect the existing Torrey Pine tree during construction to the satisfaction of the Director of Community Development. II. GENERAL CONDITIONS A. This approval will expire in two years, on November 21, 1993, at 5:00 p.m. unless the conditions have been met or an extension has been approved by the Authorized Agency. B. This approval may be appealed to the Planning commission within 15 calendar days from the date of this approval. C. 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 specifically waived here. D. 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. MN/04/CROI0-872wp511(11-15-91) E. 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. F. Permits from other agencies will be required as follows: state Coastal Commission G. Project is approved as submitted/modified as evidenced by the revised site plan dated received by the City of Encinitas on November 12, 1991, and signed by a City Official as approved by the Old Encinitas community Advisory Board on November 21, 1991, and shall not be altered without Planning and Community Development Department review and approval. . H. Nothing in this permit shall authorize the applicant to intensify the authorized activity beyond that which is specifically described in this permit. 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 plan which is dated and signed as approved on November 21,1991, by the Old Encinitas Community Advisory Board and which is on file in the Planning and Community Development Department and the conditions contained herein. 3. LANDSCAPING A. A detailed landscape and irrigation plan shall be submitted to and approved by the Planning and Community Development Department/Community Advisory Board prior to the issuance of building permits. B. 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/04/CROI0-872wp51 2(11-15-91) 4. PARKING AND VEHICULAR ACCESS A. Driveways shall meet the standards of the Zoning Ordinance, Public Works Standards, and the Offstreet Parking Design Manual. APPLICAHT SHALL CONTACT THE UCINITAS FIRE PROTECTION DISTRICT REGARDING COMPLIAlfCE WITH THE FOLLOWING CONDITIONS: 5. FIRE A. 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. Address numbers shall be clearly visible from the street fronting the structure. B. New unit shall be protected by an automatic fire sprinkler system. sprinkler systems shall be installed to the satisfaction of the Fire District. 6. PUBLIC WORKS APPLICAHT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: All City Codes, regulations, and policies in effect at the time of final map submittal shall apply. Gradinq Conditions 1. The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site. 2. The grading for this project is defined in Chapter 23.24 of the Encinitas Municipal Code. Grading shall be performed under the observation of a civil engineer whose responsibility it shall be to coordinate site inspection and testing to ensure compliance of the work wi th the approved grading plan, submit required reports to the City Engineer and verify compliance with Chapter 23.24 of the Encinitas Municipal Code. 3. No grading shall occur outside the limits of the PROJECT unless a letter of permission is obtained from the owners of the affected properties. MN/04/CROI0-872wp51 3(11-15-91) 4. 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. Drainage Conditions 5. The developer shall exercise special care during the construction phase of this project to prevent any offsite siltation. The developer shall provide erosion control measures and shall construct temporary desiltation/detention basins of type, size and location as approved by the City Engineer. The basins and erosion control measures shall be shown and specified on the grading plan and shall be constructed to the satisfaction of the City Engineer prior to the start of any other grading operations. Prior to the removal of any basins or facilities so constructed the area served shall be protected by addition drainage facilities, slope erosion control measures and other methods required or approved by the City Engineer. The developer shall maintain the temporary basins and erosion control measures for a period of time satisfactory to the City Engineer and shall guarantee their maintenance and satisfactory performance through cash deposit and bonding in amounts and types suitable to the City Engineer. 6. A drainage system capable of handling and disposing of all surface water originating within the project, and all surface waters that may flow into the project from adjacent lands, shall be required. Said drainage system shall include any easements and structures as required by the City Engineer to properly handle the drainage. 7. Concentrated flows across driveways and/or sidewalks shall not be permitted. street Conditions 8. 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. 9. Developer shall execute and record a covenant with the County Recorder agreeing not to opposè the formation of an assessment district to fund the installation of right-of-way improvements. MN/04/CROI0-872wp51 4(11-15-91) utilities 10. The developer shall comply with all the rules, regulations and design requirements of the respective utility agencies regarding services to the project. 11. The developer shall be responsible for coordination with S.D.G & E., Pacific Telephone, and Cable TV authorities. 12. The developer shall be responsible for the relocation and undergrounding of existing public utilities, as required. Map None. MN/04/CROI0-872wp51 5(11-15-91)