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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)