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)