1989-20
RESOLUTION NO. OE89-20
CITY OF
A RESOLUTION OF THE OLD ENCINITAS
COMMUNITY ADVISORY BOARD
ENCINITAS, APPROVING A DESIGN REVIEW MODIFICATION
TO ALLOW A REMODEL AND ADDITION
FOR A DUPLEX LOCATED AT 404 THIRD STREET
(CASE NUMBER 89-142 DR)
WHEREAS,
a request for consideration of a Design Review
Modification to previous DR Permit 88-093 DR was filed by Joseph
& Betty Conroy to allow a remodel and addition to a duplex as per
Chapter 23.08 of the City of Encinitas Municipal Code/Zoning Codes,
for the property located at 404 Third Street, legally described as;
Lot 1, Block 28 of Encinitas, according to the Map thereof No.
148, filed in the Office of the San Diego County Recorder.
WHEREAS, a public hearing was conducted on the application on
September 14, 1989, and
WHEREAS, the Community Advisory Board considered:
1.
The previous staff reports for 88-092 DR and resolution
of approval;
2.
The staff report dated August 30, 1989;
3.
The application and plans submitted by the applicant;
4.
Oral evidence submitted at the hearing;
5.
written evidence; and
WHEREAS, the Old Encinitas Community Advisory Board made the
following findings pursuant to Chapter 23.08 of the Encinitas
Municipal Code:
TC/my/cab17-1449WP55(09-05-89-2)
WHEREAS I the Old Encinitas Community Advis ry Board made the
following
findings
pursuant
to Chapter 23.08
of the Encini tas
8
Municipal Code:
SEE ATTACHMENT "A"
NOWI THEREFORE, BE IT RESOLVED by the Old E cinitas Community
Advisory
Board
of
the
City
of
Encinitas
Design
Review
Modification 89-142 DRM is hereby approved subje t to the following
conditions:
SEE ATTACHMENT "B"
BE IT FURTHER RESOLVED by the Old Encinitas
ommunity Advisory
Board of the City of Encinitas that:
(1)
This project was found to be exempt from environmental review,
8
Section 15303(b).
PASSED AND ADOPTED this 14th day of Septem er, 1989, by the
following votel to wit:
AYES: Birnbaum, Steyaert, Tobias, Kauf1in, Rotsheck
NAYS: None
ABSENT: None
ABSTAIN: None
II ¿ T;;;-
Ib~~
Peter Tobias, Chairman
of the Old Encinitas
Community Advisory Board
Board
8 ATTE~ /~/ /---;7
~~ Cc--~~
Tom Curridenl Associate Planner
TC/03/cab17-1449WP56(09-05-89-1)
ATTACHMENT "A"
Old Encinitas Community Advisory Board
RESOLUTION NO. OE89-
CASE NO. 89-142 DRM
Findings For Design Review
(Section 23.08.076 Municipal Code)
23.08.072 Requlatorv Conclusions - Generally.
The project design is inconsistent with the General Plan, a
Specific Plan or the provisions of this Code.
Evidence to consider: There is presently no specific Plan
applicable to this area. subject to the recommended
conditions of approval, are all provisions of the General Plan
will be complied with.
A.
B.
The project design is substantially inconsistent with the
Design Review Guidelines.
Evidence to Consider: What follows is a brief discussion of
the revised project's design as it relates to the City's
adopted design criteria, broken down by section:
(1)
(2)
(3)
site Design: The subject view preservation was a central
issue, with the previous application. Ultimately, the
board found that by moving the south wall of the second
story of the west building in an angle 19 ft. in
northerly direction and 22 ft. 6 in. in an easterly
direction, the project could preserve the significant
westward and other views enjoyed by the property to the
south to the full extent reasonable and practical
pursuant to Guideline 1.4. That adjustment was
demonstrated to preserve at least 50% of the ocean and
other significant views enjoyed from the second story of
the neighboring property to the south. It is important
to note that the angled wall for view preservation has
been retained in the same location with this application.
No further impact to the neighbor's views would occur as
a result of this project.
Building Design: This remodel of the west structure will
result in greater setbacks above the first level and will
present less bulk and mass than the original structure.
Four inch popout accent features of a darker green color
have been added around various windows of both buildings.
New, matching garage doors are now proposed for the east
unit.
Landscape Design: The landscape plan is similar to that
originally approved and features retention of existing,
mature drought tolerant landscaping.
In summary staff have identified no changes with this proposal
which would potentially make it fail to be in substantial
compliance with the City's adopted design criteria.
TC/my/cab17-1449WP57(09-05-89-2)
C.
The project would adversely affect the health,
general welfare of the community.
safety or
Evidence to consider: All public services and utilities are
in place to serve the project and staff have identified no
aspect in which the project could adversely affect the health,
safety, or general welfare of the community.
The project would tend to cause the surrounding neighborhood
to depreciate materially in appearance or value.
D.
Evidence to Consider: The proposal substantially complies
with the City's adopted design criteria and thus would cause
no material depreciation to the appearance or value of the
neighborhood.
TC/my/cab17-1449WP58(09-05-89-2)
STANDARD CONDITIONS
ATTACHMENT "B"
Applicant: Conroy
Case No: 89-142 DRM
Subject: Conditions of Approval
Location: 404 Third street
I.
STANDARD CONDITIONS
1.
GENERAL CONDITIONS (In addition to the Conditions of
Approval for 88-092 DR)
A.
B.
C.
D.
This approval will expire in two years, on September
14, 1991, at 5:00 p.m. unless the conditions have
been met or an extension has been approved by the
Authorized Agency.
This approval may be appealed to the authorized
agency wi thin 15 calendar days from the date of this
approval.
In the event that any of the conditions of this
permit are not satisfied, the Planning and Community
Development Department shall cause a noticed hearing
to be set before the authorized agency to determine
why the City of Encinitas should not revoke this
permit.
Nothing in this permit shall authorize the applicant
to intensify the authorized activity beyond that
which is specifically described in this permit.
E.
Approval of this request shall not waive compliance
wi th any sections of the zoning Development Code and
all other applicable City Ordinances in effect at
the time of Building Permit issuance unless
specifically waived here.
F.
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 unless specifically waived here.
G.
Permits from other agencies will be required as
follows:
a.
Coastal Commission
TC/my/cab17-1449WP59(09-05-89-2)
H.
Prior to issuing a final inspection on framing, the
applicant shall provide a survey from a licensed
surveyor or a registered civil engineer verifying
the building height is in compliance with the design
review permit and zoning ordinance.
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND COMMUNITY
DEVELOPMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
2.
SITE DEVELOPMENT
I.
3.
For new residential dwelling unites), 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. Arrangements to pay these fees shall
be paid prior to:
Building permit issuance as deemed necessary by the
appropriate agency.
J.
Building plans shall indicate the addition of 3
street trees of a minimum 24 inch box size of a
type which will not grow to interfere with overhead
lines, within the northerly parkway area to the
satisfaction of the Community Development Department.
PARKING AND VEHICULAR ACCESS
K.
Driveways shall meet the standards of the zoning
Ordinance, Public Works Standards, and the Off street
Parking Design Manual.
APPLICANT SHALL CONTACT THE ENCINITAS FIRE PROTECTION DISTRICT
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
4.
FIRE
L.
Structures shall be protected by automatic fire
sprinkler systems. Sprinkler systems shall be
installed to the satisfaction of the Encinitas Fire
Protection District.
M.
Prior to final recordation, the applicant shall
submit a letter from the Fire District stating that
all development impact, plan check and/or cost
recovery fees have been paid or secured to the
satisfaction of the District.
APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
5.
DRAINAGE CONDITIONS
N.
A drainage system capable of handling and disposing
of all surface water originating within the
subdivision, and all surface waters that may flow
TC/my/cab17-1449WP510(09-05-89-2)
o.
onto the subdivision from adjacent lands, shall be
required. Said drainage system shall include any
easements and structures as reburied by the city
Engineer to properly handle the drainage.
Concentrated flows across driveways and/or sidewalks
shall not be permitted.
6.
STREET CONDITIONS
P.
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.
7.
UTILITIES
Q.
Some improvements shown on the Tentative Map and/or
required by these conditions are located offsite on
property which neither the City nor the subdivider
has sufficient title or interest to permit the
improvements to be made without acquisition of title
or interest. The subdi vider shall conform to
Section 24.16.070 of the Encinitas Municipal Code.
R.
The developer shall comply with all rules,
regulations and design requirements of the
respective sewer and water agencies regarding
services to the project.
S.
The Subdivider shall provide separate sewer, water,
gas, and electric services with meters to each of
the units.
T.
The developer shall be responsible for coordination
with SDG&E, Pacific Telephone, and Cable TV
authorities.
u.
All proposed utilities within the project shall be
installed underground including existing utilities
unless exempt by the Municipal code.
v.
The developer shall be responsible for the
relocation and undergrounding of existing public
utilities, as required.
TC/my/cab17-1449WP511(09-05-89-2)