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1991-13 RESOLUTION NO. C-91-13 A RESOLUTION OF THE CARDIFF-BY-THE-SEA COMMUNITY ADVISORY BOARD, CITY OF ENCINITAS, APPROVING A DESIGN REVIEW APPLICATION REQUEST TO ALLOW THE CONSTRUCTION OF A 6500 SQUARE FOOT OFFICE PROFESSIONAL BUILDING AT 2163 NEWCASTLE AVENUE (CASE NUMBER: 91-001 DRjEIA) WHEREAS, A request for consideration of a Design Review Application was filed by Russell DePhillips and Walter Lim, AlA to allow the construction of a 6500 sq. ft. Office Professional structure per Chapter 23.08 (Design Review) of the Municipal Code for property located at 2163 Newcastle Avenue and legally described as: Lots 31, 32, 33 & 34 in Block 30 of Cardiff, according to Map thereof No. 1298, filed in the Office of the County Recorder of San Diego County, November 14, 1910. WHEREAS, public hearings were conducted on the application on February 25, March 25 and April 22, 1991; and WHEREAS, the Community Advisory Board considered without limitation; 1. The staff reports dated February 20, March 20 and April 17, 1991; The adopted General Plan, Zoning Code and associated Land Use Maps; " Oral evidence submitted at the hearings; Written evidence and photographs submitted at the hearings; 2. 3. 4. COj04/CRO9-733wp5 (5/14/91-12) Page 1 of 10 5. Documentation and application submitted by the applicant dated received by the City on January 2, 1991 and revised plans consisting of four sheets with site plan and parking garage, first floor plan, second floor plan, and elevations and three additional sheets with the landscape plan, line-of-sight study, and the preliminary grading plan, received on March 13, 1991, and a puilding sectional drawing showing floor construction constraints and the line-of-sight view from the roof deck of properties located to the east dated received on April 22, 1991. WHEREAS, the Cardiff-by-the-Sea Community Advisory Board made the required findings pursuant to Chapters 23.08 (Design Review): (See Attachment "A") NOW, THEREFORE, BE IT RESOLVED by the Cardiff-by-the-Sea Community Advisory Board of the City of Encinitas that application 91-001 DRjEIA is hereby approved subject to the following conditions: (1) The project as submitted is approved and shall not be altered without City approval or as conditioned herein. (2) Prior to building permit issuance, applicant shall submit a letter from the Fire Protection District stating that all plan review fees have been paid. Units shall be fully fire sprinklered and plans for such system shall be approved prior to building permit issuance. Address numbers shall be clearly visible from the street fronting the structure. (3 ) Applicant shall contact the Public Works Department regarding compliance with the following conditions [(3) a through q]: Gradinq Conditions a. The developer shall obtain a grading permit (if applicable) prior to the commencement of any clearing or grading of the site. COj04/CRO9-733wp5 (5/14/91-12) Page 2 of 10 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, submit 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 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. e. All slopes within this project shall be no steeper than 2: 1. f. A soils/geological/hydraulic report (as applicable) shall be prepared by a qualified engineer licensed by the state of California to perform such work at first submittal of a grading plan. Prior to Building Permit issuance, the soils engineer shall verify that import fill material does not exceed two feet in height on any portion of the lot where the building's height would exceed 30 feet when measured from natural grade. In addition, the soils engineer shall confirm the amçmnt of fill along the north, west and east wall lines of the underground parking structure by test borings to confirm that the underground parking structure conforms to zoning code standards for a basement when measured from natural grade (i.e., below any residual import fill) to the satisfaction of the Director of Planning and Community Development and the City Engineer. g. 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. CO/04/CRO9-733wp5 (5/14/91-12) Page 3 of 10 Drainaqe Conditions h. 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 their maintenance and satisfactory performance through cash deposit and bonding in amounts suitable to the City Engineer. i. A drainage system capable of handling and disposing of all surface water originating within the project, and all surface 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. Drainage from the alley to Newcastle shall be coordinated with the property to the north of the project. j. Concentrated flows across driveways sidewalks shall not be permitted. and/or k. The drainage system shall be designed to ensure that runoff resulting from 100-year frequency storm of 6 hours, or 24 hours duration under developed condi tions, is equal to or less than the runoff from a storm of the same frequency and duration under existing developed conditions. Both 6 hour and 24 hour storm durations shall be analyzed to determine the detention basin capacities necessary to accomplish the desired results. In lieu of the above, drainage shall be diverted to a. public right-of-way to the satisfaction of the city Engineer. CO/04/CRO9-733wp5 (5/14/91-12) Page 4 of 10 m. street Conditions l. An Irrevocable Offer of Dedication (I.O.D.) shall be made for 5 feet along Newcastle adjacent to the property for public right-of-way purposes unless waived pursuant to City Council Policy of March 14, 1990. Prior to any work being performed in the public right-of-way, a right-of-way construction permit shall be obtained from the Public Works office and appropriate fees paid, in addition to any other permits required. n. 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 by the City Council prior to occupancy of any building permit for any unit within the project. The improvements are: Curb and gutter, concrete sidewalk, and alley improvements. o. 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 p. q. The developer shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies regarding services to the project. The developer shall be responsible for coordination with SDG&E, Pacific Telephone, and other applicable authorities. All proposed utilities within the project shall be installed underground including existing utilities unless exempt by the Municipal Code. Landscaping and automated irrigation systems shall be installed and shall conform to the plans reviewed and approved by the Cardiff Community Advisory Board. A covenant shall limit landscape height to the approved structural height to the satisfaction of the Director of Planning and Community Development. (4) CO/04/CRO9-733wp5 (5/14/91-12) Page 5 of 10 (5) (6) (7) (8) (9) A licensed surveyor shall verify the height of the structure at the time of framing inspection to certify that the height does not exceed the height measurements specif ied on the approved plans. The approved plans specify a maximum building height elevation of 95.25 feet. The underground parking structure must qualify as a basement per the zoning code definition, for purposes of story limitations, when measured from natural grade. The developer shall pay Traffic Mitigation and Drainage Fees at the established rate at or before the date of final inspection. All exterior lighting shall be shielded to prevent excess glare from affecting the enjoyment of adjacent property to the satisfaction of the Director of Planning and Community Development. The ground mounted mechanical equipment enclosure shall be provided a wood-louvered roof to allow air circulation while screening the equipment to view from above. Prior to Building Permit issuance, the property owner shall prepare and have recorded a certificate of Compliance to merge the four lots into a single lot of record to the satisfaction of the Director of Planning and Community Development. (10) A "site construction plan" regarding the treatment of the site during the construction phase including limitations on working hours, the parking of construction workers' vehicles, prohibition of dogs/loud radios, etc., access to the property for heavy equipment, and liability for any damage to adjacent properties shall be submitted to, and approved by, the Community Development Department prior to Building Permit issuance. said plan shall limit semi-trucks and other heavy trucks from utilizing the alley. The property shall be posted to give notice to subcontractors on limitations on working hours, access, noise, parking in alley, etc. All subcontractors shall be given a copy of the restrictions which shall be signed by them and kept with the approved plans on site. (11) Permits or findings of exemption shall be obtained from the State Coastal Commission and any other applicable Government agencies. CO/04/CRO9-733wp5 (5/14/91-12) Page 6 of 10 (12) Buildinq Department: A complete plan review will be conducted at the time of building plan check submittal to determine compliance with Title 24 energy and disabled access, the 1988 UMC, UBC, UPC and 1987 NEC. A mechanical exhaust system is required for the underground parking area. (13) Environmental Mitiqation: All recommendations for site development contained in the Leighton and Associates' Geotechnical Report (dated January 26, 1990) shall be adhered to including the site preparation, construction of cut and fill slopes, foundation and retaining wall construction, seismic and drainage considerations, etc. The City Engineer shall be responsible for the implementation of this mitigation requirement during the construction phase of this project. (14) This permit shall expire and become null and void after two (2) years of the effective date if building permits have not been issued for the approved project in accordance with Section 23.08.160 of the Municipal Code. (15) A proponent of 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. BE IT FURTHER RESOLVED by the Cardiff-by-the-Sea Community Advisory Board of the City of Encinitas that: A Mitigated Negative Declaration is adopted for this project pursuant to CEQA Review Guidelines for the project identified as state Clearinghouse Number 91031080. A De Minimis Impact Finding is made to exempt this project from California Department of Fish and Game fees since the project is found to have no adverse effect on wildlife resources as defined in Sec. 711.2 of the Fish and Game Code. CO/04/CRO9-733wp5 (5/14/91-12) Page 7 of 10 PASSED AND ADOPTED this 22nd day of April, 1991, by the following vote, to wit: AYES: Grossman, Cruz, Hall, Anderson NAYS: Tom ABSENT: None ABSTAIN: None ,.,--\.., -, L-~~ ~. I r CALVIN F. TOM, Chairman of the Cardiff-by-the-Sea Community Advisory Board ATTEST: ~e.4~ Craig R. Olson, Assistant Planner CO/04/CRO9-733wp5 (5/14/91-12) Page 8 of 10 ATTACHMENT "A" cardiff-by-the-sea community Advisory Board RESOLUTION NO. C-91-13 CASE NO. 91-001 DR/EIA Findings for Design Review (Section 23.08.076 Municipal Code) 23.08.072 Requlatorv Conclusions - Generallv. A. The project design is consistent with the General Plan, a Specific Plan or the provisions of the Municipal Code. Evidence: The Cardiff Community Advisory Board finds the project to comply with all provisions of the General Plan and Municipal Code including setbacks, parking, height limitations, Floor Area Ratio, landscape standards, and other applicable design regulations and standards. B. The project design is substantially consistent with the Design Review Guidelines. Evidence: The proposed design tends to provide architectural variation to the exterior walls to reduce the bulk and mass of the building. The building and site design take advantage of the site's slope by providing underground parking and a building design which conforms to standard building height limitations on commercial property when viewed from the existing property to the east. The Landscape Plan is consistent with the Design Review Guidelines since plant material is consistent with the City's master plant. list and the planting area exceeds the 15% standard. Deck and balcony locations are not anticipated to impact the privacy of nearby residential property and the building's angled side wall design tends to lessen view obstructing impacts through the site in conformance with site Design Guideline 1.4c. C. The project would adversely affect the health, safety or general welfare of the community. Evidence: The property is zoned General Commercial which permits office professional use. The design and construction techniques will be required to conform to building, fire, plumbing, electrical and other uniform code standards. No evidence has been submitted to indicate that the project would adversely affect the health, safety or general welfare of the community. D. The project would tend to cause the surrounding neighborhood to depreciate materially in appearance or value. CO/04/CRO9-733wp5 (5/14/91-12) Page 9 of 10 , . Evidence: The proj ect design tends to provide architectural diversity while being sensitive to contemporary design standards. The bulk and mass of the building will be compatible with the neighborhood since the design tends to preserve view corridors along the sides of the structure and otherwise conforms to development standards of the General Commercial Zone. Pursuant to site Design Guideline 1.4c, the property is found to be constrained due to its small size and the project viability (i.e., parking requirements, setbacks, etc.) would be severely impacted if views through the site were totally preserved. The design attempts to preserve some of the significant views enjoyed by residents of nearby properties (i.e., roof deck views) by maintaining a maximum height below the Zoning District's standard and by an angled second story design to provide side yard view corridors. CO/04/CRO9-733wp5 (5/14/91-12) Page 10 of 10