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1992-15 RESOLUTION NO. OE92-15 A RESOLUTION OF THE OLD ENCINITAS COKKUNITY 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 733-737 THIRD STREET (CASE NUMBER 92-096 DR) WHEREAS, a request for consideration of a Design Review Permit was filed by Mr. Charles Jacobi 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 733-737 Third Street, legally described as: Lot 12 in Block 18 of Encinitas Townsite, 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 July 23, 1992; . WHEREAS, the Community Advisory Board considered: 1. The staff report dated July 14, 1992 2. The application, site plan, floor plan, elevations and landscape plans submitted by the applicant dated received May 28, 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 92-096 DR is hereby approved subject to the following conditions: (SEE ATTACHMENT "B") BE IT FURTHER RESOLVED by the Old Encini tas 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. C:\MATT\92096DR.SR (7-14-92) 7 PASSED AND ADOPTED this 23rd day of July 1992, by the following vote, to wit: AYES: Birnbaum, Steyaert, Lewis NAYS: None ABSENT: Cartwright ABSTAIN: None ~~~. ~ V~rg~n~a ar wr~g , Chairperson of the Old Encinitas community Advisory Board ATTEST: ---~ /~ . Tom Curriden Associate Planner C:\MATT\92096DR.SR (7-14-92) 8 ATTACHKENT "A" FINDINGS FOR DESIGN REVIEW (CHAPTER 23.08 MUNICIPAL CODE) Resolution No. OE92-15 Case No.: 92-096 DR Applicant: Jacobi 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: Subject to the removal of the proposed 2nd story bridge anp stairways from the front yard setback, 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, subject to the removal of the proposed structure from the front yard setback, 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 applicable Guidelines from section I (Site Design) of the City adopted Design Review Guidelines are Guidelines 1.4 through 1.7 and Section 23.08.074 F, G and H of the Municipal Code. With regard to Guideline 1.4 and section 23.08. 074F, views from the site are maximized with well placed 2nd story balconies and windows. The views through the site are along each 5 ft side yard since a 26 ft high, 44 ft long roof structure eliminates any east-west views. with regard to Guideline 1.5 through 1.7 and Section 23.08.074 G and H, vehicular access and pedestrian access are separated with auto access provided off the alley and pedestrian access is through C:\MATT\92096DR.SR (7-14-92) 9 the side yard and front yards. In addition, access through the site is provided with two 3-4 ft wide concrete walkways along the north and south sides of the building. section 23.08.076 - Building Design Buildina Materials and Colors: The applicable Guidelines from section II (Building Design) of the city adopted Design Review Guidelines are Guidelines 2.1, 2.3 through 2.7 and 2.11, and section 23.08.076 A, B, D, E and G of the Municipal Code. with regard to Guidelines 2.6, 2.7 and 2.11, and Section 23.08.076 A and F, which regulate building roof design and scale, the proposed duplex is a design which is common in the neighborhood wi th a composi tion shingle sloping roof and gables on three sides. Although the sides and rear building elevations are designed with a gable to break up the 2-story mass of the structure, the front elevation is designed with a 44 ft long linear roof which slopes towards Third street. The Board finds that with either a gable (similar to the rear elevation) or dormers used on the front elevation, this design option creates more interest while allowing additional windows for the 2nd story kitchens. with respect to Guidelines 2.1,2.3,2.4 and 2.5, and section 23.08.076 A, B, D and E, which regulate building design elements including colors, materials and compatibility with surrounding properties, the project is a quality design but some modifications are warranted. One design modification which is required for the front elevation is the elimination of the 2nd story access bridges and stairs from the front yard setback. The Board finds that a stairway structure which is set back to a minimum of 16 ft from the front property line would comply with section 30.16.010 E6 (architectural projections) of the Municipal Code. In addition, with the extention of the 2nd story front balconies towards the center of the building outside the kitchens, an outside private space is created. This also will help to create more design articulation to the front elevation. A similar design option can be considered for the rear balconies as well. These balconies may encroach a maximum 4 ft into the required 20 ft front or rear yard setbacks. The designer is also required to indicate on the plans the maximum height of all chimneys and that their width does not exceed 30 inches on any side above 26 ft. The plans indicate that the building is finished with "Chenille" (off-white) and "Mint Green" stucco. The accent trim, balcony railings, windows and doors are proposed to be finished with three shades of green enamel which are (from light to dark) "Fountain", "Capri" and "Chevalier". In addition, the trellis and building rafters are proposed to be "Heritage Blue" stained wood. Finally, the dark grey colored C:\MATT\92096DR.SR (7-14-92) 10 composition roof is proposed. The Board finds that the proposed colors appear to be complementary and is consistent with other buildings in the neighborhood. section 23.08.077 - Landscape Design LandscaDina: The applicable Guidelines from Section III(Landscape Design) of the City adopted Design Review Guidelines are Guidelines 3.1 through 3.4, 3.6, 3.7 and 3.9 through 3.11, and Section 23.08.077 C of the Municipal Code. with regard to Guidelines 3.3 and 3.9 which regulate landscape water usage maintenance, the applicant has proposed a relatively drought tolerant landscape plan which includes small shrubs and trees, grass and one large American Sweet Gum tree in the front yard off of Third Street. with respect to Guidelines 3.1,3.2 and 3.4,3.6 and 3.7 and section 23.08.077 C, the landscape plan indicates that substantial landscaping which will portray a cohesive, mature appearance within 3 years and is proposed in the front yard generally with small shrubs and trees which include Heavenly Bamboo, Little Blue Cypress and a 5-6' tall Japanese Black pine tree. with regard to Guidelines 3.10 and 11, the plans indicate that a 6 ft fence is proposed in the two side yards with flowering shrubs including Bougainvillea to grow along the fence, and Dwarf Lilly of the Nile and 5-6' Shrubby Yew pine as screening. In the rear yard, a 5-6' Japanese Privet tree is proposed between the two driveways. In addition, 3-4' Forsythia, Heavenly Bamboo and Little Blue Cypress are proposed between the driveways and within the side yards. Finally, no landscaping is proposed in the Third Street public parkway. The Board finds that with the addition of two 24 inch box street trees should be planted in the parkway, two 15 gallon trees in each of the side yards in the area where the Shrubby Yew Pine are proposed, and two more 15 gallon trees in the rear planting area off the alley where the ForsYthia are proposed, the trees will provide adequate softening of the 2- story wall masses and of the paved area off the alley. A small section of the side yard planting area should be enlarged to 3 ft in width to accommodate the trees and that the 2 ft planter be extended in an easterly direction to accommodate the Shrubby Yew Pine. Additionally, in the rear yard the Forsythia should remain if there is room to accommodate it. The Board finds that with the proposed revisions, the project is in substantial compliance with the Design Review Guidelines. Conclusion: Therefore, the Board finds that with the revisions which include articulation in the roof at the front elevation, stairways which comply with section 30.16.010 E6 of C:\MATT\92096DR.SR (7-14-92) 11 the Municipal Code, and the revisions to the landscape plan, 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. Conclusion: The Board finds that this project will not negatively affect the community. C:\MATT\92096DR.SR (7-14-92) 12 ATTACHKENT "B" Resolution No. OE92-15 Case No. 92-096 DR Applicant: Charles Jacobi Conditions: A. Buildina Deoartment 1. A complete Building Inspection plan check will be performed at plan submittal. B. Fire Deoartment 1. Prior to building permit issuance, applicant shall submit a statement from the Fire District to the Community Development Department indicating that all development impact, plan check and/or cost recovery fees have been paid. 2. Address numbers shall be clearly visible from the street fronting the structure. 3. structure shall be protected by an automatic fire sprinkler system. Sprinkler systems shall be installed to the satisfaction of the fire District. C. Enaineerina APPLICANT SHALL CONTACT THE PUBLIC WORXS DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: All City Codes, regulations, and policies in effect at the time of tentative map submittal shall apply. 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. C:\MATT\92096DR.SR (7-14-92) 13 4. A separate grading plan shall be submitted and approved and a separate grading permit issued for the borrow or disposal site if located within the city limits. 5. All newly created slopes within this project shall be no steeper than 2:1. 6. 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. 7. 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. Drainaae Conditions .. 8. The developer shall exercise special care during the construction phase of this project to prevent any off site 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 their maintenance and satisfactory performance through cash deposit and bonding in amounts and types suitable to the City Engineer. 9. A drainage system capable of handling and disposing of all surface water originating within the project, and all su~face waters that may flow onto 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. 10. Concentrated flows across driveways and/or sidewalks shall not be permitted. C:\MATT\92096DR.SR (7-14-92) 14 street Conditions 11. 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 12. The developer shall comply with all the rules, regulations and design requirements of the respective utility agencies regarding services to the project. 13. The developer shall be responsible for coordination with S.D.G. & E., Pacific Telephone, and other applicable authorities. 14. All proposed utilities within the project shall be installed underground including existing utilities unless exempt by the Municipal Code. 15. The developer shall be responsible for the relocation and undergrounding of existing public utilities, as required. D. Community Develooment I. SPECIFIC CONDITIONS 1. Prior to Building Permit issuance, the building plans shall be revised to the satisfaction of the Director of Community Development to include: a. The exterior stairways fronting on Third street shall be redesigned to comply with the front yard setback and architectural feature encroachment standards contained within Chapter 30.16 of the Municipal Code and as approved by the Old Encinitas Community Advisory Board. b. The chimney elevation shall be redesigned not to exceed 30 inches in width for any portion between 26 and 28 ft in height. c. The "optional in-law kitchette" noted in the first floor plans shall be deleted and no kitchen facilities provided in this room. d. Landscape plans shall be revised to include two 24- inch box trees in the Third street public right-of-way. In addition, the plans shall include two 15-gallon trees each of the side yards generally in the area where the Shrubby Yew Pines are proposed, and one IS-gallon tree in the rear planting area where the Forsythia are proposed C:\MATT\92096DR.SR (7-14-92) 15 Finally, the side yard planting strip shall be widened to a minimum 3 ft to accommodate the trees. The Shrubby Yew Pines and Forsythia shall also be included in the revised landscape plan, if possible. II. STANDARD CONDITIONS GENERAL CONDITIONS 1. This approval will expire in two years, on July 23, 1994 at 5:00 p.m. unless the conditions have been met or an extension has been approved by the Authorized Agency. 2. 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. 3. 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. 4. Permits from other agencies will be required as follows: state Coastal Commission 5. Project is approved as submitted/modified as evidenced by the site plan, floor plans, elevations, and landscape plans dated received by the City of Encinitas on May 28, 1992, and signed by a City Official as approved by the Old Encinitas Community Advisory board on July 23, 1992, and shall not be altered without Community Development Department review and approval. 6. A proponent or protestant of record may appeal a final decision of the hearing body by filing the appeal within fifteen (15) calendar days of the hearing body's decision pursuant to Chapter 1.12 of the Encinitas Municipal Code. SITE DEVELOPMENT 7. 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, Fire Mi tigation Fees, and Park Fees. Arrangements to pay these fees shall be paid prior to Building Permit issuance or as deemed necessary by the appropriate agency. C:\MATT\92096DR.SR (7-14-92) 16 PARKING AND VEHICULAR ACCESS 8. Driveways shall meet the standards of the Zoning ordinance, Public works Standards, and the Offstreet Parking Design Manual. LANDSCAPE CONDITIONS 9. All required plantings and irrigations systems shall be in place prior to use or occupancy of new buildings or structures. All required plantings and irrigation systems shall be maintained in good condition, and whenever necessary, shall be replaced with new materials to ensure continued compliance with applicable landscaping, buffering, and screening requirements. All landscaping and irrigation systems shall be maintained in a manner that will not depreciate adjacent property values and otherwise adversely affect adjacent properties. C:\MATT\92096DR.SR (7-14-92) 17