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.
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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.
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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.
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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.
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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)
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(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.
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(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.
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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
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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.
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, .
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.
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