1989-05
RESOLUTION NO. OE89-05
A RESOLUTION OF THE OLD ENCINITAS
COMMUNITY ADVISORY BOARD APPROVING A DESIGN REVIEW PERMIT
AND NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT
FOR CONSTRUCTION OF A BLUFF TOP SINGLE FAMILY RESIDENCE AT
266 NEPTUNE AVENUE
(CASE NO. 88-373DR/EIA)
WHEREAS, a request for a Design Review Permit, Authority to
Exceed
Interim
Height
Envelope,
and
Environmental
Initial
Assessment was filed by Mr. Sherman Peters, for construction of a
bluff top single family residence on the property legally described
as:
Lot 11 in Block "B" of SEASIDE GARDENS, in the City of
Encinitas, County of San Diego, State of California, according
to Map thereof No. 1800, filed in the Office of the County
Recorder of San Diego County, August 6, 1924.
WHEREAS, a public hearing was conducted on the application on
March, 1989; and
WHEREAS, the Community Advisory Board considered:
1.
The Environmental Initial Assessment form completed by
Staff and draft Negative Declaration;
2.
The geologic investigation report dated November 18, 1988
and addendum dated December 23, 1988 submitted with the
application;
3.
The project
application;
development
plans
submitted
with
the
4.
The staff report dated March 2, 1989;
5.
Oral testimony submitted at the public hearing;
6.
Written testimony submitted at the public hearing; and
WHEREAS, the Old Encinitas Community Advisory Board made the
following findings pursuant to Chapter 23.08 of the Encinitas
TC/03/CRO4-249WP52(3-13-89-1)
Municipal Code.
SEE ATTACHMENT "A"
NOW, THEREFORE, BE IT RESOLVED by the Old Encinitas Community
Advisory
Board
of
the
City
of
Encinitas
that
Design
Review
application
88-373DR/EIA
is
hereby
approved
subject
to
the
following conditions:
SEE ATTACHMENT liB"
BE IT FURTHER RESOLVED by the Old Encinitas Community Advisory
Board of the City of Encinitas that this project will not have a
significant effect on the environment and a negative declaration
is hereby certified,
pursuant to the California Environmental
Quality Act (CEQA).
PASSED AND ADOPTED this 9th day of March,
I
1989, by the
following vote to wit:
AYES:
Rotsheck, Kauflin, Steyaert, Birnbaum
NAYS:
Tobias
ABSENT:
None
ABSTAIN:
None
~i:w~ v~ ~
Peter Tobias, Chairman
of the Old Encinitas
Community Advisory Board
ATTEST:
..---~- ------p' ~/;7 . E;:::;~-
/~-'---~ ~-
Tom Curriden
Assistant Planner
TC/03/CRO4-249WP53(3-13-89-1)
ATTACHMENT "A"
OLD ENCINITAS COMMUNITY ADVISORY BOARD
RESOLUTION NO. OE89-0S
CASE NO. 88-373 DR/EIA
Findings For Design Review
(Section 23.08.076 Municipal Code)
23.08.072 Requlatorv Conclusions - Generally.
A.
The project design is inconsistent with the General
Plan, a Specific Plan or the provisions of this
Code.
Evidence to Consider:
The proposal is consistent with and allowed by right
in both the present RV-11 zoning of the property and
the Residential 5-8 du/acre designation on the Land
Use Policy Map of the City's Draft General Plan.
B.
The project design is substantially inconsistent
with the Design Review Guidelines.
Evidence to Consider:
The proposal is in substantial conformance with the
city's Design Review Guidelines in that the home
will take advantage of available views while not
significantly impacting views presently enjoyed by
others, features constraint in the variation of
building materials and colors, utilizes mostly
drought tolerant or nature landscape materials
compatible with project design, and otherwise
conforms to the letter and/or intent of the City's
adopted design criteria.
C.
The project would adversely affect the health,
safety or general welfare of the community.
Evidence to Consider:
The applicant has submitted investigation reports
within which a geologist states that the structure
will not be subj ect to or contribute to bluff
failure within its anticipated 75 year lifetime.
Water and sewer services will be provided to the
property, and there has been no other provided
evidence to suggest that the proj ect would adversely
effect public health, safety, or welfare.
TC/03/CRO4-249WP54(3-13-89-1)
H.
D.
The proj ect would tend to cause the surrounding
neighborhood to depreciate materially in appearance
or value.
Evidence to Consider:
The proposal reflects a quality of design appearance
which is complimentary to the adjoining areas and
thus will not be materially detrimental to
surrounding properties.
E.
There is reasonable probability that the land use
and design proposed will be consistent with the
General Plan proposal being considered or studies
since the proposed General Plan and the currently
adopted General Plan both explicitly allow for this
type of use and development.
F.
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, since the project is
allowed by the proposed General Plan.
G.
That the projection out of the building envelope
does not significantly impact the views of adjacent
properties, in that the project takes advantage of
views while maintaining some of the significant
views enjoyed by residents of nearby properties.
Evidence to Consider:
The development to the east of Neptune is
substantially lower than the subject site, as is
illustrated by the line-of-night diagram submitted
with the application, and therefore the structure
will not impact any significant westward views. The
home lies further eastward than the existing
development to the north and south, and therefore
will not significantly impact views available
therefrom.
That the project is compatible in structural size
(bulk and mass) to adjacent properties and
neighborhood.
Evidence to Consider:
The existing homes to the north and south are also
two stories and of a comparable, as is much of the
existing development west of Neptune in the area.
TC/03/CRO4-249WP55(3-13-89-1)
I.
4.
5.
6.
II.
CONDITIONS OF APPROVAL
ATTACHMENT "B"
RESOLUTION NO. OE89-05
(File #88-373 DR/EIA)
SPECIFIC CONDITIONS
1.
Patch existing curb and sidewalk as determined by the
office of the City Engineer.
2.
The Grading Plan shall show a sufficient number of spot
elevations on the lots immediately adjacent to the
subject property.
3.
A written agreement will be required with the owner of
the lot immediately south of the subject property
permitting the trimming of (2) existing Monterey Pine
trees that appear to be in potential conflict with the
proposed building envelope. The applicant shall furnish
the written opinion of a licensed Landscape Architect
that such trimming is not likely to endanger the trees
prior to issuance of building permits. If such an
opinion cannot be obtained, the matter shall be returned
to the Community Advisory Board for final disposition.
No planting of additional Ice Plant shall be permitted
on or near the face of the bluff. Existing Ice Plant
near the bluff face should be removed and replaced with
drought tolerant ground cover selected from the City of
Encinitas Master Plant List.
No portion of the rear yard deck, or any walls or
railings attached thereto, shall exceed 30 inches in
height. Said deck shall be of a water permeable
construction and shall not cover more than 50% of the
rear yard setback area.
The developer shall submit a detailed landscape plan to
obtain Community Advisory Board approval prior to
issuance of building permits.
STANDARD CONDITIONS
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND
COMMUNITY DEVELOPMENT REGARDING COMPLIANCE WITH THE FOLLOWING
CONDITIONS (ITEMS A THROUGH S):
TC/03/CRO4-249WP56(3-13-89-1)
GENERAL CONDITIONS
A.
This approval will expire on March 9, 1991, two years
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.
B.
C.
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.
D.
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.
E.
This approval shall become null and void if building
permits are not issued for this project within one year
from the date of project approval.
F.
Permits or findings of exemption shall be obtained from
other agencies as follows:
a.
Coastal Commission
G.
Prior to issuing a final inspection on framing, the
applicant shall provide a survey from a civil engineer
or licensed surveyor verifying the building height is in
compliance with the design review permit.
H.
The application is approved as submitted/modified and
shall not be altered without authorized agency (agent)
review and approval.
I.
For new residential dwelling unit (s), 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, and Park Fees. These fees
shall be paid prior to (as applicable): Final occupancy
inspection.
TC/O3/CRO4-249WP57(3-13-89-1)
SITE DEVELOPMENT
J.
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.
K.
Revised (if applicable) site plans and building
elevations incorporating all conditions of approval or
required modifications shall be submitted to and found
satisfactory by the Planning and Community Development
Department prior to issuance of building permits or any
other applicable approvals.
L.
Prior to any use of the project site or business activity
being commenced thereon, all conditions of approval
contained herein shall be completed to the satisfaction
of the Director of the Planning and Community Development
Department.
M.
Owner(s) shall enter into a covenant waiving any claims
of liability against the City and agree(s) to indemnify
and hold harmless the City and City's employees relative
to the approved project. This covenant is applicable to
any bluff failure and erosion resulting from the
development project.
N.
Any change to the natural drainage or concentration of
drainage shall be adequately handled and shall not impact
adjacent properties.
O.
A plan shall be submitted for approval by the Director
of the Planning and Community Development Department and
the Encinitas Fire Protection District regarding the
treatment of the site during the construction phase, and
the circulation and parking of construction workers'
vehicles and any heavy equipment needed for the
construction of the project.
P.
No foot traffic shall be allowed on or across bluff face.
Q.
PARKING AND VEHICULAR ACCESS
Driveways shall meet the standards of the Zoning
Ordinance, Public Works Standards, and the off street
Parking Design Manual.
TC/03/CRO4-249WP58(3-13-89-1)
FIRE
LANDSCAPING
R.
All required plantings shall be in place prior to use or
occupancy of new buildings or structures. All required
plantings shall be maintained in good growing conditions,
and whenever necessary, shall be replaced with new plant
materials to ensure continued compliance with applicable
landscaping, buffering, and screening requirements. All
landscaping shall be maintained in a manner that will not
depreciate adjacent property values and otherwise
adversely affect adjacent properties.
s.
Landscaping shall be maintained in such a way so view
corridors are not blocked.
APPLICANT SHALL CONTACT THE ENCINITAS FIRE PROTECTION DISTRICT
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS (ITEM T):
T.
An automatic fire protection sprinkler system shall be
installed to the satisfaction of the Encinitas Fire
Protection District.
APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS: (ITEMS V THROUGH
GG):
GRADING
u.
v.
w.
Grading of the subject property shall be in accordance
with the Grading Ordinance.
A soils/geological/hydraulic report (as applicable) shall
be prepared by a qualified engineer licensed by the state
of California to perform such work:
c.
At first submittal of a grading plan.
The final grading plan shall be subject to review and
approval by the Public Works Department and shall be
completed prior to recordation of the final subdivision
map or issuance of building permit, whichever comes
first.
TC/O3/CRO4-249WP59(3-13-89-1)
AA.
BB.
STREETS AND SIDEWALKS
(The authorized agency may modify City standards in
particular cases. The application of a request for such
modification must show special circumstances or
conditions affecting the property in question; and that
such modification is necessary for the preservation and
enjoyment of a substantial property right of the
applicant; and that the modification will not be
materially detrimental to the public welfare or injurious
to other property in the immediate vicinity pursuant to
Municipal Code(s).)
x.
No grading, scraping, or removal of vegetation shall be
allowed on a bluff face or within 40 feet of the top edge
of a bluff.
Y.
No grading, or removal or deposit of material shall take
place except pursuant to a grading permit issued by the
City Engineer in connection with a building permit; or
pursuant Department where no structure is involved; or
pursuant to an application to the Community Development
Department, that has been approved by the Director, to
do minor grading, where no grading permit is required.
z.
The grading plan shall incorporate drainage provisions
into site development to prevent run-off from gaining
access to the bluffs and shall be constructed so as to
allow drainage to the street.
street improvements that include, but are not limited
to:
a. Sidewalks f. Cross gutter
x b. Driveways g. Alley gutter
c. Wheel chair ramps h. street paving
d. Curb and gutter i. Alley paving
e. street signs j. street lights
k. Pavement markers
shall be completed prior to the occupancy of the units
to the satisfaction of the Director of Public of Public
Works for the following streets/alleys:
a.
Neptune
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.
TC/03/CRO4-249WP510(3-13-89-1)
cc.
DD.
EE.
street improvements and maintenance shall be made in
accordance with city Ordinance standards for:
a.
Urban streets
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 (I.O.D.) shall be made
for 5 feet along Neptune adjacent to the property for
public right-of-way purposes.
Neptune is classified as a local street requiring a 60
foot right-of-way or 30 feet from the official centerline
of such street.
FF.
DRAINAGE AND FLOOD CONTROL
GG.
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.
Portland cement concrete cross gutters shall be installed
where water crosses the roadways.
TC/03/CRO4-249WP511(3-13-89-1)