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.
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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
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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
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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
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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
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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.
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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.
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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.
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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.
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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.
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