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1992-06 ~OLUTION NO. OE92-06 A RESOLUTION OF THE OLD ENCINITAS COMMUNITY ADVISORY BOARD APPROVING A DESIGN REVIEW PERMIT FOR A NEW DUPLEX TO BE CONSTRUCTED ON A 5,000 SQ FT LOT IN THE R-15 ZONE FOR PROPERTY LOCATED AT 226 THIRD STREET (CASE NUMBER 92-004 DR) WHEREAS, a request for consideration of a Design Review Permit was filed by Mr. Gerald Mendelson for a new duplex to be constructed on a 5,000 sq ft existing residential lot in the R-15 zone per Chapter 23.08 of the City of Encinitas Municipal Code, for the property located at 226 Third Street, legally described as: Lot 4 in Block 26 of Encinitas, according to Map thereof No. 148, filed in the Office of the County Recorder of San Diego County, June 12, 1883. WHEREAS, a public hearing was conducted on the application on March 24, 1992; WHEREAS, the community Advisory Board considered: 1. The staff reports dated February 18, 1992 and March 19, 1992; 2. The original application dated received January 17, 1992, and revised site plan, floor plan, elevations and landscape plans submitted by the applicant dated received March 6,1992; 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 Encini tas Community Advisory Board of the City of Encinitas that application 92-004 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 of the State CEQA Guidelines. MN\92004DR.RES (3-31-92) 1 <. PASSED AND ADOPTED this 24th day of March 1992, by the following vote, to wit: AYES: Cartwright, Birnbaum, Steyaert, Lewis, Cowen NAYS: None ABSENT: None ABSTAIN: None ~ vi ginia C rtwright, C irperson of the Old Encinitas Community Advisory Board ATTEST: ~r~~ /..--- - - ~ Tom Curriden Associate Planner MN\92004DR.RES (3-31-92) 2 I ATTACHMENT "A" FINDINGS FOR DESIGN REVIEW (CHAPTER 23.08 MUNICIPAL CODE) Resolution No. OE92-06 Case' 92-004 DR Applicant: Gerald Mendelson The findings must be made by the Board for 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. Facts: The applicant is requesting a design review permit for a new duplex on an existing 5,000 sq ft lot in the R-15 zone. Discussion: The duplex complies with the policies of the General Plan and the Municipal Code, and is allowed by right under Section 30.08.010 A. There is no adopted Specific Plan for this area. Conclusion: The Board finds that this finding can be made since the proposed duplex complies with the policies of the General Plan and the Municipal Code. B. The project design is substantially inconsistent with the City's Design Review Guidelines. Facts: The applicant is proposing to construct a new duplex on an existing 5,000 sq ft lot in the R-15 zone. Discussion: 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: section 23.08.074 - Design and site Layout Site Desian: The proj ect consists of an attached 2-story duplex with a common wall down the center of the 50 ft wide lot. Due to the north to south slope of the lot, the duplex has been designed to step down the slope with the northerly unit approximately 5 ft higher than the unit on the south side of the lot. Access to each of the units is proposed to be from the side yards and through the garages. In addition, the northerly unit has an exterior stairway which provides access to a second story balcony and into the family room through a sliding glass door. In order to provide a landscaped yard area in both the front and rear yards, the duplex provides a garage and a 20 ft wide driveway off each street. The southerly unit takes vehicular access from the public alley C:\MATT\92004DR.SR2 (3-31-92) 3 I while the northerly unit provides auto access from Third street. Section 23.08.076 - Building Design Buildina Materials and Colors: The design of the duplex is proposed to be contemporary in style with a low pitched roof to minimize view impacts to other property owners east of the structure. The 2-story mass of the building appears broken-up from Third street and the alley since the structure steps down the slope. The applicant has revised the side elevations, with some additional articulation, particularly around the windows. The plans dated received March 6,1992 indicate that most of the windows on the north and south elevation have been framed with shutters. The plans indicate that the building is finished with peach stucco and framed wi th stained wood siding, shutters and trim. In addition, a light colored gravel roof is proposed. These colors appear to be complementary. Section 23.08.077 - Landscape Design Landscapina: The applicant has proposed a landscape plan which includes small shrubs, ground cover and several trees in the front, rear and side yards. The exterior portions of both side yards are proposed to be lined with 5 gallon Raphiolepis Indica to provide a green buffer between the sidewalk and property line. In addition, two IS-gallon Hollywood Junipers are proposed for each side yard. Other trees include a 15- gallon Western Redbud in the rear planting area off the alley and two 24-inch box Flowering Plum street trees in the Third street Public Right-of-Way. Finally, Red Apple ground cover and grass is proposed throughout and a rock garden feature is proposed in the front yard next to the structure. Conclusion: Therefore, the Board finds that the proposed duplex is in substantial compliance with the Design Review Guidelines. C. The project would adversely effect the health, safety, or general welfare of the community. D. The project would cause the surrounding neighborhood to depreciate materially in appearance or value. Facts: The applicant is requesting a design review permit for the construction of a new duplex in the R-15 zone. Discussion: There is no evidence that this project will adversely affect the health, safety or general welfare of the community. In addition, the project will not cause the surrounding neighborhood to depreciate in appearance or value. C:\MATT\92004DR.SR2 (3-31-92) 4 Conclusion: The Board finds that this project will not negatively affect the community. C:\MATT\92004DR.SR2 (3-31-92) 5 I RESOLUTION NO. OE92-06 CONDITIONS OF APPROVAL ATTACHMENT "B" Applicant: Mendelson Case No: 92-004 DR Subject: Design Review for a proposed new duplex to be constructed on an existing 5,000 sq. ft. lot in the R-15 zone. Location: 226 Third I. SPECIFIC CONDITIONS 1. The proposed 15 gallon Western Redwood shall not exceed 10 feet tall. 2. The two Hollywood Juniper trees in the side yards (easterly tree in the north side yard and westerly tree in the south side yard) shall be replaced in the same location with two 15-gallon Mellaluca or other canopy trees that do not grow taller than the height of the building. 3. The proposed Indian Hawthorn shrubs in the front yard shall be continued along the front portion of the building between the driveway and sidewalk. II. STANDARD CONDITIONS 1. GENERAL CONDITIONS A. This approval will expire in two years on March 24, 1994, 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. MN/04/CRO10-900wp51 (4-2-92/1) 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. 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. If the applicant is not able to obtain building permits 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. 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 March 6, 1992 and signed by a City Official as approved by the Old Encinitas Community Advisory Board on March 24, 1992 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. I. 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. MN/04/CROI0-900wp51 (4-2-92/1) I 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 March 24, 1992 by the Old Encinitas community Advisory Board and which is on file in the Planning and Community Development Department and the conditions contained herein. B. Trash receptacle shall be enclosed by a 6 foot high decorative solid wall with view-obstructing gates. Design and location shall be subject to review approval by the Department of Planning and Community Development. C. All roof appurtenances, including air conditioners, shall be architecturally integrated, shielded from view and sound buffered from adjacent properties and streets as required and approved by the Department of Planning and Community Development. D. Prior to any use of the project site for business activity being commenced thereon, all conditions of approval contained herein shall be completed to the satisfaction of the Director of Planning and Community Development. E. For new residential dwelling unit(s) , the applicant shall pay development fees at the established rate. Such fees may include, but not be limited to: Permit and Plan Checking Fees, School Fees, Water and Sewer Service Fees, Traffic Fees, Drainage Fees, and Park Fees. Arrangements to pay these fees shall be paid prior to: a. Building permit issuance as deemed necessary by the appropriate agency. 3. PARKING AND VEHICULAR ACCESS A. Driveways shall meet the standards of the Zoning Ordinance, Public Works Standards, and the Offstreet Parking Design Manual. MN/04/CRO10-900wp51 (4-2-92/1) 4. 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 continue 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. C. The height required for hedges or other dense landscaping is the height to be attained within 3 years after planting. D. Landscaping shall be maintained in such a way so view corridors are not blocked. A standard covenant specifying this condition shall be recorded with the County Recorder to give construction notice to future purchasers of the site. APPLICANT SHALL CONTACT THE ENCINITAS FIRE PROTECTION DISTRICT REGARDING COMPLIANCE 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. AUTOMATIC FIRE SPRINKLER SYSTEM: Structure(s) shall be protected by an automatic fire sprinkler system. Sprinkler systems shall be installed to the satisfaction of the Fire District. 5. All City Codes, regulations, and policies in effect at the time of final map submittal shall apply. MN/04/CRO10-900wp51 (4-2-92/1) 6. Public Works APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: Gradina Conditions 1. The developer shall obtain a grading permit, if applicable, 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 with 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. 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 prior to building permit issuance; or at first submittal of a grading plan. 5. Prior to hauling dirt or construction materials to any proposed construction site within this project the developer shall submit to and receive approval from the City Engineer for the proposed haul route. The developer shall comply with all conditions and requirements the City Engineer may impose with regards to the hauling operation. Drainage Conditions 6. 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 additional 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 MN/04/CRO10-900wp51 (4-2-92/1) their maintenance and satisfactory performance through cash deposit and bonding in amounts and types suitable to the City Engineer. 7. A drainage system capable of handling and disposing of all surface water originating within the subdivision, and all surface waters that may flow onto the subdivision 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. 8. Concentrated flows across driveways and/or sidewalks shall not be permitted. street Conditions 9. The developer shall obtain the City Engineer's approval of the project improvement plans and enter into a secured agreement with the City for completion of said improvements prior to issuance of any building permit within this project. The improvements shall be constructed and accepted for maintenance by the City Council prior to occupancy of any building permit for any unit within the project. The improvements are: 1. Repair and patch asphalt in alley, adjacent to property to satisfaction of the City Engineer. 2. Remove existing drive at Third Street and replace with curb and gutter and sidewalk, install standard drive per plan. 10. 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 11. The developer shall comply with all the rules, regulations and design requirements of the respective utility agencies regarding services to the project. 12. The developer shall be responsible for coordination with S.D.G. & E., Pacific Telephone, and Cable TV authorities. 13. All proposed utilities within the project shall be installed underground including existing utilities unless exempt by the Municipal Code. 14. The developer shall be responsible for the relocation and undergrounding of existing public utilities, as required. MN/04/CRO10-900wp51 (4-2-92/1)