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
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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
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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.
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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.
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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.
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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.
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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.
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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
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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.
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