1989-12
RESOLUTION No. OE89-12
A RESOLUTION OF THE
CITY OF ENCINITAS, APPROVING A DESIGN REVIEW
PERMIT TO ALLOH CONSTRUCTION OF A SECOND UNIT ON A
SITE PRESENTLY CONTAINING A SINGLE FAMILY RESIDENCE
LOCATED AT 1086 GOLDEN
(CASE NUMBER 89-027DR)
HHEREAS, a request for con::;jcleration of a Design Review Permit
was filed by Chris LaVay to allow construction of a second unit on
a
site
presently
containing
a
single
family
residence
as
per
Chapter 30.08 of the city of Encinitas Municipal Code,
for the
property located at 1086 Golden, legally described as;
The Northerly half of Lot 15, Block "H" of Avocado Acres No.
5, according to the Map thereof No. 2130, filed in the Office
of the County Recorder of San Diego County,
September 19,
1928; and
WHEREAS, a public hearing was conducted on the application on
June 29, 1989, and
HHEREAS, the Community Advisory Board considered:
1.
The staff report dated June 22, 1989;
2.
The application and plans submitted by the applicant;
3.
Oral evidence submitted at the hearing;
4.
Hritten evidence and an additional material sample board
submitted at the hearing; and
TC/03jCRO5-330wp5 1(7-17-8-ß9-1)
WHEREAS, the Old Encinitas Community Advisory Board made the
following findings pursué1nt t.O Chapter 3 O. 08 of the Municipal Code.
SEE ATTACHr1ENT "A"
NOW, THEREFORE, BE IT RESOLVED by the Old Encinitas Community
Advisory
Board
of
t.he
Cit.y
ot
Encinitas
that
Design
Review
application 89-027fm is hCl(ò:by ,Ippr-o\fed subject to the following
conditions:
SEE ATTACHMENT "B"
BE IT FURTHER RESOLVED by the Old Encinitas Community Advisory
Board of the city of Encinjté1s that:
(1)
This project was found to be exempt from environmental review,
Section 15301(a).
TC/03/CRO5-330WPS2(7-17-8-89-1)
PASSED AND ADOPTED this 29th day of June,
1989
by the
following vote, to wit:
AYES: Kauflin, Rotsheck, Birnbaum
NAYS: None'
ABSENT: Steyaert, Tobias
ABSTAIN: None
If-
ATTEST:
~~~
Tom Curriden
Associate Planner
TC/03/CROS-330wpS3(7-13-89)
ATTACHMENT "A"
OLD ENCINITAS COMMUNITY ADVISORY BOARD
RESOLUTION NO. OE89-12
CASE NO. 89-027DR
Findings Por Design Review
(Section 23.08.076, of Municipal Code)
23.08.072 Requlatory Conclusions - Generally.
A.
The project design is inconsistent with the General Plan, a
Specific Plan or the provisions of this Code
Evidence to Consider:
Subject to the attached conditions of approval (attachment
"B"), the proj ect VJill be consistent with the R-1l Zoning and
Residential 8.01-]] du/acre General Plan designations
observing the 9.5 du/acre midpoint of that density range.
B.
The proj ect design is substantially
Design Review Guidelines.
inconsistent with the
Evidence to Consider:
The project was found by Board members to acceptably comply
with the City's adopted design criteria in being consistent
in design ,^lith the existinQ home and creating visual interest
above that of much of the I::dstinq development in the area.
C.
The project will not adversely affect the health,
general welfare of the community.
safety or
Evidence to Consider:
All public utilities, including water and sewer, currently
service the project and the proposal is not seen to create
addi tional tra ff ic, nor pose an adverse effect to public
health and safety since emergency access provisions are made.
D.
The project will not tend to cause the surrounding
neighborhood to depreciate materially in appearance or value.
Evidence to Consider:
The proposal reflects an acceptable level of design
appearance, in parity with that of the surrounding areas and
thus will not be materially detrimental to surrounding
properties.
TCj03jCRO5-330wp5 4 (7-17-::)--':39--1)
I.
II.
RESOLUTION NO. OER9-12
t\TTACHMENT "B"
CASE #A9-027DR
SPECIFIC CONDITIONS
1.
A decorative stucco pop-out design feature shall be
incorporated on the east wall of the new unit, to be
found satisfactory by the Community Development
Department prior to permit issuance.
2.
Approval of the ~:;ubj(>ct ~3ec()nd unit is predicated on a
minimum lot area of 91'7], sq. ft. to achieve the maximum
mid-point density of 9.5 dwelling units per acre.
Therefore, before the developer will be considered
eligible to pull permits for that second unit, the
ul timate right-of-way width for Golden Road must be
identified at 50 ft. or less in order to achieve the
above mentioned density.
3.
No changes in buiJding or site design shall be authorized
without Old Encinitas Community Advisory Board review and
approval.
J\TT7\CHMENT liB"
STANDARD CONDITIONS
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND
COMMUNITY DEVELOPMENT REGARDING COMPLIANCE WITH THE FOLLOWING
CONDITIONS (ITEMS 4 THHOUGH 17):
GENERAL CONDITIONS
4.
5.
6.
This approval \'IIi]] expire on June 29, 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 15 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.
TCj03jCRO5-330wp55(7-17-R-89-1)
11.
7 .
Approval of this request shall not waive compliance with
any sections of the Zoning Development Code and all other
applicable City Ordimlnces in effect at the time of
Building Permit issl1ance.
8.
The applicant shall comply with the latest adopted
Uniform Building Code, Uniform Mechanical Code, Uniform
Plumbing Code, National Electrical Code, Uniform Fire
Code, and all other applicable codes and ordinances in
effect at the time of building permit issuance.
9.
Permits or findings of exemption shall be obtained from
other agencies as follows:
a.
Coastal Commission
10.
Prior to issuinCJ 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.
For new residentjal dwelling unit(s), the applicant shall
pay development f'ec~:::; ;¡ t the established rate. Such fees
may include, but not be 1 imi ted to: permi t 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):
a.
Final occupancy inspection.
12.
SITE DEVELOPMENT
13.
14.
The site Shilll be cJeveloped in accordance with the
approved site plans on file in the Planning and Community
Development Department and the conditions contained
herein.
Revised site plans and building elevations incorporating
all cond i tions of approval or required modifications
shall be submitted to and found satisfactory by the
PlanninCJ and Community Development Department prior to
issuance of bui lcl ing permits or any other applicable
approvals.
Any chanCJe to the nat: lira 1 dr,linage or concentration of
drainage sha 11 be acJequdt:ely handled and shall not impact
adjacent properties.
TCj03jCRO5-330Wp56(7-17-8-89-1)
15.
PARKING ~ND VEHICtTL7I.R ~CCF..HS
16.
Parking lot layout shall meet the standards of the Zoning
Ordinance and the off street Parking Design Manual.
Driveways shall meet the standards of the Zoning
Ordinance, Pub] jc \^!ork:::; Standards, and the off street
Parking Design P1alllJél I..
17.
LANDSC7I.PING
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.
APPLIC~NT SH7I. 1,1, CONT7I.CT THE ENCINITAS FIRE PROTECTION DISTRICT
REGARDING COMPLI~NCE WITH THE FOLLOWING CONDITIONS (ITEMS 18
THROUGH 19):
FIRE
18. The new unit shall be fully fire sprinklered to the
satisfaction of the Encjnitas Fire Protection District.
EXISTING STRnCTURE
19.
Provide compliance with Uniform Building code for
property line clearances considering use, area and fire
resistance of existing buildings.
APPLICANT SH~L1, CONT~CT THE PUBLIC WORKS DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS: (ITEMS 20 THROUGH
27) :
GRADI:f\JG
20.
21.
Grading of the subject property shall be in accordance
with the Grading Ordinance.
A soilsjgeologicnljhydraulic 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 gradinQ plan.
TCj03jCRO5-330wp57(7-17-8-89-1)
~
22.
23.
24.
25.
26.
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.
Reciprocal access and maintenance and/or agreements shall
be provided ensuring access to all parcels over private
roads, drives or parking areas and maintenance thereof
to the satisfaction of the Director of Public Works.
Prior to any wod: being performed in the public
right-of-way, a right-of-way construction permit shall
be obt:ained from the F'ublic Works office and appropriate
fees paid, in addition to any other permits required.
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 10 feet along Golden Road adjacent to the property
for public right-of-way purposes.
Golden Road is classified as a local street requiring a
60 foot right-of-way or 30 feet from the official
centerline of such street.
DRAIFAGE ANn FLOOn CONTROL
27.
A drainage system capable of handling and disposing of
all surface ,,¡ater originating within the development, and
all surface waters tJFtt may flow onto the development
from adjacent lands, shall be required. Said drainage
system sha 11 iDel uc:le any easements and structures as
required by the Director of Public Works to properly
handle the drainage.
TC/03/CRO5-330wp58(7-17-8-89-1)