1992-09
RESOLUTION NO. OE 92-09
A RESOLUTION OF THE OLD ENCINITAS
COMMUNITY ADVISORY BOARD APPROVING A
DESIGN REVIEW PERMIT
TO ALLOW CONSTRUCTION OF A DUPLEX STRUCTURE
LOCATED AT 212 THIRD ST. IN OLD ENCINITAS
(CASE NUMBER 92-026DR)
WHEREAS, a request for consideration of a design review permit
was filed by Mr. Dexter Winn to allow construction of a new duplex
per Chapters 23.08 and 30.16 of the City of Encinitas Municipal
Code, for the property located at 212 Third St. in Old Encinitas,
more particularly described as:
Lot 2 in Block 26 of Encinitas, in the Ci ty of Encinitas,
County of San Diego, State of California, according to the Map
thereof No. 148, filed in the Office of the County Recorder,
and;
WHEREAS, public hearings were conducted on the application on
March 24, April 13, May 11, and October 22, 1992, and;
WHEREAS, the Community Advisory Board considered, without
limitation:
1. The staff reports dated March 17, April 6, May 6, and
October 16, 1992
2. The application, project plans received October 14, 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 Encinitas Community
Advisory Board of the City of Encinitas that application 92-026DR
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 is found to be categorically exempt in accordance with
Section 15303 of the California Environmental Quality Act (CEQA).
TC/92026DR.RES (10-26-92)
PASSED AND ADOPTED this 22nd day of October, 1992, by the
following vote, to wit:
AYES: Cartwright, Comeau, Steyaert
NAYS: None
ABSENT: Birnbaum, Lewis
ABSTAIN: None
Vi ginia Ca twright,
C irperson of the
d Encinitas Community
Advisory Board
ATTEST:
¿-- ~
/~
Tom Curriden
Associate Planner
TC/92026DR.RES (10-26-92)
ATTACHMENT "A"
FINDINGS FOR DESIGN REVIEW (CHAPTER 23.08 MUNICIPAL CODE)
(Case :# 92-026DR)
A. The project design is not inconsistent with the General Plan, a
Specific Plan or the provisions of this Code.
Facts: The project meets all applicable development standards
contained in the Municipal Code, contained in Sect. 30.16.010
subsections A, B, and D. The General Plan and Municipal Code
allow duplexes by right on legal lots of 5,000 sq. ft. or more
in the R15 zone.
Conclusion: The proposed duplex is consistent with the
Municipal Code and the General Plan. There is no Specific
Plan approved in area of the project site
B. The project design is not substantially inconsistent with the
City's Design Review Guidelines.
Facts: Chapter 23.08 of the Municipal Code contains Design
Review Guidelines with which the authorized agency must find
the project substantially consistent in order to warrant
approval.
Discussion:
1. Site design: The Board finds that with regard to applicable
Guideline 1.4 the project roof design does tend to minimize
impacts to views from the public area and nearby properties,
and that sufficient attention has been paid to adding details
to the east elevation to provide for views "to the site". The
Board also finds that pedestrian and vehicular are adequately
separated with walkways and interior garage entries. with
regard to Guidelines 1.5 through 1.7.
2. Building design - With regard to applicable Guidelines
2.3,2.4,2.6,2.7, and 2.11, the Board finds that sufficient
details have been added to the building that in the plans
dated received May 4, 1992 that, with incorporation of the
additional landscaping in those plans, there will be elements
of consistency among all elevations, the roof design is
appropriate for the structure, the appearance of the 2 story
walls of the side of the structure will be adequately
softened, and that the building is otherwise in substantial
conformance with the design criteria of Chapt. 23.08 relating
TC/92026DR.FIN (5-6-92)
to building design.
3. Landscape design - With regard to applicable Landscape
Design Guideline 3.7, the Board finds that landscaping has
been used as needed to soften the appearance of the two story
walls of the building, to break up the large paved driveway
areas, and to provide elements of a common theme throughout
the project.
Conclusion: . The Board finds that the project is in
substantial conformance with the Design Review Guidelines of
Chapter 23.08 of the Municipal Code.
C. The project would not adversely effect the health, safety, or
general welfare of the community.
Facts: The project has been found exempt from environmental
review pursuant to Section 15303 of the California
Environmental Quality Act (CEQA) and no potential negative
affects on the health, safety, or general welfare of the
community have been identified in conjunction with this
project. All publi¿ services and utilities are available to
the project.
Conclusion: The Board finds that the project would not
adversely affect the health, safety, or general welfare of the
community.
D. The project would not cause the surrounding neighborhood to
depreciate materially in appearance or value.
Facts: The surrounding neighborhood of residential uses,
mostly single-family and duplex, many of which are relatively
older.
Discussion: The surrounding neighborhood contains many older
structures which may be redeveloped in the future, but, at
present, do not reflect a uniformly high level of design. The
Board finds that the proposed structure will fit in with the
character of the area and for that reason, would not
negatively affect the appearance or values in the area.
Conclusion: The design of the project would not detrimentally
affect the appearance or values of the surrounding
neighborhood.
TC/92026DR.FIN (5-6-92)
RESOLUTION NO. OE92-09
CONDITIONS OF APPROVAL
ATTACHMENT liB"
Applicant: Winn
Case No: 92-026 DR
Subject: Design Review for a proposed new duplex to be
constructed on an existing 5,096 sq. ft. lot in the
R-15 zone.
Location: 212 Third
I. SPECIFIC CONDITIONS
1. All fencing within the front yard setback and with 15
feet of the intersections of driveways with the sheet and
alley shall be limited to 4 ft. with additional 2 ft. if
50 % open where applicable in accordance with Section
30.16.010 of the Municipal Code.
2. Trellises indicated on approved elevations shall be
incorporated on site plan as projecting 2 ft. from
adjacent walls.
3. Climbing plants/vines shall be incorporated into building
plans adjacent to trellis structures of a type and
variety to be found satisfactory by the Community
Development Department.
4. Building plans shall contain a Landscape Plan reflecting
the following modifications to the Landscape Plan, dated
received October 14, 1992, to be verified and found
satisfactory by the Community Development Department
prior to permit issuance:
a. Three of the Palms indicated shall be of a minimum
8 ft. trunk height, wi th the balance being of a
minimum 15 gallon size.
b. A 5 gallon size Palm may be substituted for the
"Cinimomum Camphora" tree indicated in the
northwest yard area.
TC/03/CROI0-920wp51 (5-12-92-1) CASE NO. 92-026 DR
Page 1 of 7
II. STANDARD CONDITIONS
1. GENERAL CONDITIONS
A. This approval will expire in two years on October
22, 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.
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 October 14, 1992 and
signed by a City Official as approved by the Old
Encinitas Community Advisory Board on October 22,
1992 and shall not be altered without Planning and
Community Development Department review and
approval.
TC/03/CROI0-920wp51 (5-12-92-1) CASE NO. 92-026 DR
Page 2 of 7
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.
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND COKKUNITY
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 October 22, 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. 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.
C. 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.
D. For new residential dwelling unites), 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 building permit
issuance as deemed necessary by the appropriate
agency.
3. PARKING AND VEHICULAR ACCESS
A. Driveways sha II meet the standards of the Zoning
Ordinance, Public Works Standards, and the
Offstreet Parking Design Manual.
TC/03/CROI0-920wp51 (5-12-92-1) CASE NO. 92-026 DR
Page 3 of 7
~
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 adj acent property values and
otherwise adversely affect adjacent properties.
C. 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.
All City Codes, regulations, and policies in effect at
the time of final map submittal shall apply.
APPLICANT 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.
TC/03/CRO10-920wp51 (5-12-92-1) CASE NO. 92-026 DR
Page 4 of 7
6. Grading Conditions
No grading permits shall be issued for this subdivision prior
to recordation of the final map.
A. The developer shall obtain a grading permit, if
applicable, prior to the commencement of any clearing or
grading of the site.
B. The grading for this project is defined in Chapter 23.24
of the Encini tas 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, submi t required reports to the
City Engineer and verify compliance with Chapter 23.24 of
the Encinitas Municipal Code.
C. No grading shall occur outside the limits of the PROJECT
unless a letter of permission is obtained from the owners
of the affected properties.
D. A soils/geological/hydraulic report (as applicable) shall
be prepared by a qualified engineer licensed by the state
of California to perform such work.
i. Prior to building permit issuance; or
ii. At first submittal of a grading plan.
E. Prior to h~uling dirt or construction materials to any
proposed construction site within this project the
developer shall submit to and re~eive 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.
7. Drainaae Conditions
A. 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
TC/03/CRO10-920wp51 (5-12-92-1) CASE NO. 92-026 DR
Page 5 of 7
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 their maintenance and
satisfactory performance through cash deposit and bonding
in amounts and types suitable to the City Engineer.
B. 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.
C. Concentrated flows across driveways and/or sidewalks
shall not be permitted.
8. Street Conditions
A. 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:
Repair and patch asphalt in alley, adjacent to
property to satisfaction of the City Engineer.
B. 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.
9. utilities
A. The developer shall comply with all the rules,
regulations and design requirements of the respective
utility agencies regarding services to the project.
B. The developer shall be responsible for coordination with
S.D.G.& E., Pacific Telephone, and other applicable
authorities.
TC/03/CRO10-920wp51 (5-12-92-1) CASE NO. 92-026 DR
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C. All proposed utilities within the project shall be
installed underground including existing utilities unless
exempt by the Municipal Code.
D. The developer shall be responsible for the relocation and
undergrounding of existing public utilities, as required.
TC/03/CRO10-920wp51 (5-12-92-1) CASE NO. 92-026 DR
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