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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)