1989-04
RESOLUTION OE89-04
A RESOLUTION OF THE OLD ENCINITAS
COMMUNITY ADVISORY BOARD, CITY OF ENCINITAS
APPROVING A DESIGN REVIEW TO ALLOW APPROXIMATELY
700 SQUARE FOOT ADDITION TO AN EXISTING
DUPLEX LOCATED AT 1127 CORNISH
(CASE NUMBER 89-002DR)
WHEREAS, a request for consideration of a Design Review Permit
as filed by Richard and Lucy Solomon to allow an approximately 700
square foot addition to an existing duplex as per Chapter 23.08 of
the City of Encinitas Municipal/Zoning Codes,
for the property
located at 1127 Cornish, legally described as;
Lot 16, in Block "J" of ENCINITAS HIGHLANDS, in the County of
San Diego, State of California, according to Map thereof No.
2141, filed in the Office of the County Recorder of San Diego
County, December 4, 1928.
EXCEPTING from said Lot 16, the Northerly 66 feet thereof, the
Southerly line of said Northerly 66 feet being parallel with
the 66 feet at right angles Southerly from the Northerly line
of said Lot 16.
WHEREAS, a public hearing was conducted on the application on
February 9, 1989, and
WHEREAS, the Community Advisory Board considered:
1.
The staff report dated February 2, 1989;
2.
The application and plans submitted by the applicant;
Oral evidence submitted at the hearing;
3.
WHEREAS, the Old Encinitas Community Advisory Board made the
following findings pursuant to Chapter 23.08:
SEE ATTACHMENT "A"
NOW, THEREFORE, BE IT RESOLVED by the Old Encinitas Community
Advisory
Board
of
the
City
of
Encinitas
that
Design Review
application 89-002 DR is hereby approved subject to the following
conditions:
SEE ATTACHMENT "B"
TC/05/CRO3-238wp5 (2-10-89)
BE IT FURTHER RESOLVED by the Old Encinitas Community Advisory
Board of the City of Encinitas that:
(1)
This project was found to be exempt from environmental review,
section 15301(e);
PASSED AND ADOPTED this 9th day of February, 1989, by the
following vote, to wit:
AYES: Kauflin, Tobias, Couglar
NAYS: None
ABSENT: steyaert
ABSTAIN: None
l?~~
~~
~
Harry Couglar, Chairman of
the Old Encinitas Community
Advisory Board
ATTEST:
~~~
Tom Curriden, Assistant Planner
TC/05/CRO3-238wp5 (2-10-89)
RESOLUTION NO. OE89-04
ATTACHMENT "A"
FINDINGS FOR DESIGN REVIEW (SBCTIOB 23.08.076 MUNICIPAL CODE)
1.
The project design is inconsistent with the General Plan, a
Specific Plan or the provisions of this Code.
Bvidence to Consider:
The duplex is a use expressly allowed under the present #7
Residential and proposed R1l General Plan land use
designations, and consistency with the density provisions of
both at approximately 9.2 dwelling units per acre.
2.
The proj ect design is substantially inconsistent with the
Design Review Guidelines.
Evidence to Consider:
The proj ect is in character with the surrounding neighborhood,
sensitive to the characteristics of the subject site, and
otherwise in substantial compliance with the city's Design
Review Guidelines.
3.
The project would adversely affect the health,
general welfare of the community.
safety or
Evidence to Consider:
Having identified no aspects in which this proposal could have
any significant adverse impacts on the environment, the
proposal has been found categorically exempt from
environmental review pursuant to section 15301 (e) of the state
CEQA Guidelines.
4.
The project would tend to cause the surrounding neighborhood
to depreciate materially in appearance or value.
Bvidence to Consider:
The Board determined that the project represents a substantial
improvement to the subject property and thus will not be
materially detrimental to the surrounding neighborhood.
5.
The proposed project is compatible in structural size (bulk
and mass) to adjacent properties.
Bvidence to consider: The proposed homes and addition will
be one story in height, consistent with most of the
development in adjoining areas.
6.
There is reasonable probability that the land use and design
proposed will be consistent with the General Plan proposal
being considered or studied.
TC/05/CAB14-1173WP55(2-3-89\1)
7.
8.
9.
10.
11.
Evidence to Consider: The proposal is consistent with the
draft land use designation contained therein (8-11 dwelling
units per acre) at approximately 9.2 dwelling units per acre).
There is little or no probability of substantial detriment to
or interference with the future adopted General Plan if the
proposed design is ultimately inconsistent with the plan.
Bvidence to Consider:
General Plan.
The project is allowed by the proposed
The proposed project is in conformance with section 23.08.074
of the Design Review Ordinance relative to Design and Site
Layout.
Bvidence to Consider: The proposed addition is on a pre-
existing pad between the two existing units and will not serve
to detriment any attributes of the site.
The proposed project is in conformance with section 23.08.076
of the Design Review Ordinance relative to Building Design.
Bvidence to Consider: The structures are compatible in design
with the character of the neighborhood, which contains many
similar one story homes with wood lap siding and similar roof
design. The proposed addition matches the existing structures
in terms of design appearance.
The proposed project is in conformance with section 23.08.077
of the Design Review Ordinance relative to Landscape Design.
Evidence to Consider: The proposed project is preserving the
existing vegetation on site as much as possible.
The proposed project design does preserve significant public
views of and through the proposed proj ect to the extent
possible as the addition will be approximately the same height
as the existing one story structures and will not proj ect
beyond the envelope of those existing structures in any way
that would significantly impair significant views presently
enjoyed by adjacent properties.
TC/05/CAB14-1173WP56(2-3-89\1)
OLD ENCINITAS COMMUNITY ADVISORY BOARD
RESOLUTION NO. OE89-04
89-002 DR (SOLOMON)
ATTACHMENT "B"
STANDARD CONDITIONS
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND
COMMUNITY DEVELOPMENT REGARDING COMPLIANCE WITH THE FOLLOWING
CONDITIONS (ITEMS A THROUGH J):
I.
A.
GENERAL CONDITIONS
B.
C.
E.
G.
This approval will expire on February 9, 1991, after the
approval of this project unless the conditions have been
met or an extension has been approved by the authorized
agency (agent).
This approval may be appealed to the authorized agency
(agent) within 10 days from the date of this approval.
Nothing in this permit shall authorize the applicant to
intensify the authorized activity beyond that which is
specifically described in this permit.
D.
Approval of this request shall not waive compliance with
any sections of the Zoning Development Code and all other
applicable City Ordinances in effect at the time of
Building Permit issuance.
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.
F.
Permits or findings of exemption shall be obtained from
other agencies as follows:
a.
Coastal Commission
The application is approved as submitted/modified and
shall not be altered without authorized agency (agent)
review and approval.
H.
SITE DEVELOPMENT
The site shall be developed in accordance with the
approved site plans on file in the Planning and Community
Development Department and the conditions contained
herein.
I.
Revised (if applicable) site plans and building
elevations incorporating all conditions of approval or
required modifications shall be submitted to and found
TC/05/CAB14-1173WP57(2-3-89\1)
J.
satisfactory by the Planning and Community Development
Department prior to issuance of building permits or any
other applicable approvals.
Any change to the natural drainage or concentration of
drainage shall be adequately handled and shall not impact
adjacent properties.
APPLICANT SHALL CONTACT THE ENCIBITAS FIRE PROTECTION DISTRICT
REGARDING COMPLIANCE WITH THE waLLOWING CONDITIONS (ITEM K):
K.
BXISTING STRUCTURE
Provide compliance with Uniform Building code for
property line clearances considering use, area and fire
resistance of existing buildings.
APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS: (ITEMS L THROUGH
N) :
STREETS AND SIDEWALKS
M.
L.
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.
An Irrevocable Offer of Dedication (1.0. D.) shall be made
for 10 feet along Cornish adjacent to the property for
public right-of-way purposes.
Cornish is classified as a local street requiring a 60
foot right-of-way or 30 feet from the official centerline
of such street.
N.
DRAINAGE AND FLOOD CONTROL
A drainage system capable of handling and disposing of
all surface water originating within the development, and
all surface waters that may flow onto the development
from adjacent lands, shall be required. Said drainage
system shall include any easements and structures as
required by the Director of Public Works to properly
handle the drainage.
TC/05/CAB14-1173WP58(2-3-89\1)