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1989-31 RESOLUTION NO. OE89-31 A RESOLUTION OF THE OLD ENCINITAS COMMUNITY ADVISORY BOARD, CITY OF ENCINITAS, APPROVING A DESIGN REVIEW PERMIT TO ALLOW CONSTRUCTION OF A PROPOSED DUPLEX LOCATED AT THE NORTHEAST CORNER OF FOURTH AND "H" STREETS (CASE NUMBER 89-250 DR) WHEREAS, a request for consideration of a Design Review Permit filed by Mr. John Portillo to allow construction of a duplex as per Chapter 23.08 of the City of Encinitas Municipal/Zoning Codes, for the property located at the northeast corner of Fourth and "H" Streets, legally described as; Lot 9 Block 32 of Encinitas, according to map thereof No. 148, filed in the Office of the County Recorder of San Diego County, June 12, 1883. WHEREAS, a public hearing was conducted on the application on December 14, 1989, and WHEREAS, the Community Advisory Board considered: 1. The staff report dated December 5, 1989; 2. The application and maps submitted by the applicant; 3. Oral evidence submitted at the hearing; 4. Written evidence submitted at the hearing; and WHEREAS, the Old Encinitas Community Advisory Board made the following findings pursuant to Chapter 23.08 of the Municipal Code and Section 30.16.010 B7 (b) of the Zoning Ordinance: SEE ATTACHMENT "A" NOW, THEREFORE, BE IT RESOLVED by the Old Encinitas Community tc/04/cro5-434wp5 (12-07-89) Advisory Board of the city of Encinitas that Design Review Application 89-250 DR is hereby approved subject to the following conditions: SEE ATTACHMENT "B" BE IT FURTHER RESOLVED by the Old Encinitas Community Advisory Board of the City of Encinitas that this project was found to be exempt from environmental review, Section 15303(b). PASSED AND ADOPTED this 14th day of December, 1989, by the following vote, to wit: AYES: Birnbaum, Kauflin, Rotsheck, Steyaert, Tobias NAYS: None ABSENT: None ABSTAIN: None Q ,~ . / f~ /) /, I //.7!. lA<:; i!. ~.r)L-. . . d¿-{;........- J t', r c-- / Peter Tobias, Chairman of the Old Encinitas Community Advisory Board ATTEST: ~ /c.r -8- Tom Curriden Associate Planner tc/04/cro5-434wp5 (12-07-89) ATTACHMENT "A" FINDINGS FOR A DESIGN REVIEW PERMIT RESOLUTION NO. OE 89-31 CASE NO. 89-250 DR Findings: The following findings must be made by the Board to warrant approval of the design review permit pursuant to Chapter 23.08 of the Encinitas Municipal Code: A. The project design is inconsistent with the General Plan, a Specific Plan or the provisions of this Code. Evidence: A duplex is allowed by right in the R15 zone on lots of 5000 sq. ft. under Sect. 30.08.010 of the Zoning Ordinance and in the Land Use Element of the General Plan p. LU-32. Subject to the standard conditions of approval contained in the attache draft resolution, the project will conform with all provisions of the Municipal Code and Zoning Code. B. The project design is substantially inconsistent with the City's Design Review Guidelines. Evidence: What follows is a brief discussion of the project as it relates to the City's adopted design criteria from Chapter 23.08 of the Municipal Code, broken down by section: 1. site design - There are no significant assets of the property identif ied. The proposed grading of the property, building a more level pad to the front of the property with a slightly steeper than existing slope to the rear of the property, will not change the overall character of the site. Given the fact that the site is part of an upward slope which continues across Fourth st. to the west, there are not any significant westward views available through the property. The multifamily residential projects to the north and south (across "H" st.) also preclude any significant views in those directions with which this structure could interfere. 2. Building design - The architecture of the building is not standard or "pre-designed and the architectural theme has been employed consistently among all elevations. Variation in exterior materials and colors has been used with constraint; limited to a beige/tan exterior stucco, white aluminum window frames, and red clay tile roofing. Variation in roof lines is achieved through the use of several different pitched or hipped TC/jm/CR06-440Wp5 (12-18-89) roof elements and helps create visual interest. entries are visible from the adjoining streets. Main 3. Landscape design - Trees specified on the plans are (9) 10 ft. high Melaleuca Armillaris, which should adapt well to the coastal environment. Accent shrubs used throughout the site are Pyracantha, which will be of a minimum 5 gallon size at installation pursuant to the Design review Guidelines. 4. Privacy and security - Patio areas are enclosed with 4 ft. high stucco screen walls except for at the southwest corner of the site where the property has been left open. Second story balconies are provided on all elevations. C. The project would adversely effect the health, safety, or general welfare of the community. Evidence: All public services and utilities are in place to serve the project and staff and the Board have identified no aspect of the project which could adversely effect the health, safety, or general welfare of the community. D. The project would cause the surrounding neighborhood to depreciate materially in appearance or value. Evidence: Based upon the earlier discussion under finding "B", it is the opinion of the Board and staff that the project substantially conforms with the City's adopted design criteria, is compatible in design and scale with surrounding development and would thus not cause any material depreciation to the appearance or value of the surrounding neighborhood. In addition to the above findings, Sect. 30.16.010 B. 7b stipulates that development may exceed the standard height envelope up to a maximum height of 30 ft. only when it is "found that the portion of the building outside of the standard envelope maintains some of the significant views enjoyed by residents of nearby properties, and that the building is compatible in bulk and mass with buildings on neighboring properties." Evidence: As was discussed in the "site design" segment under finding "B" above, the topography of the area and the surrounding development leave no significant existing views to be impaired. In terms of bulk and mass, the project is compatible with surrounding development given the fact that (1) the adjoining projects to the north and south as well as much of the development west of Fourth is already of a similar height, and (2) that much of the building mass above the standard envelope consists of hipped roofing which comes to a point at the top, limiting the perception of mass as viewed from the west and east. TC/jm/CR06-440wp5 (12-18-89) Applicant: Case No: Subject: Location: I. STANDARD CONDITIONS ATTACHMENT "B" Portillo 89-250 DR Design Review and Authority Envelope for Proposed Duplex Exceed Height to NE corner of Fourth and "H" Streets SPECIFIC CONDITIONS 1. The permittee will be required to install the following street improvements along 4th Street and "H" Street adjacent to the property: a. Concrete curb & gutter (G type) 5' concrete sidewalk Patch and repair asphalt as required by the City Engineers office. Repair alley as required by the City Engineers office. b. c. d. Prior to permit issuance, the applicant shall submit a revised landscape plan and obtain CAB approval of said plan. (Follows Specific Conditions) Prior to permit issuance, the applicant shall submit a revised landscape plan and obtain Community Advisory Board approval of said plan to include the following conditions: 2. a) b) c) d) e) Retention of existing Monterey Cypress trees Include at least 14 trees in the landscape plan Include an additional street tree on "H" Street such as a Torrey pine Enhancement of landscaping along alley to screen east elevation Landscaping on the corner of 4th Street and "H" Street shall not include any tall shrubs or trees which may block visibility for auto and pedestrian traffic The applicant shall either reduce the width of the garage doors so as not to overlap the outdoor parking spaces or incorporate roll-up doors. 3 . II. 1. STANDARD CONDITIONS GENERAL CONDITIONS TC/03/CR06-431wp5 (12-21-89-1) or an extension has been approved by the Authorized Agency. B. This approval may be appealed to the authorized agency within 15 calendar days from the date of this approval. C. 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. D. 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 unless specifically waived here. E. 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. F. This approval shall become null and void if building permits are not issued for this project within two years from the date of project approval. If the applicant is not able to obtain building permits due to a growth management program within the two year period, this approval may be extended by the Director of Planning and Community Development to allow for the issuance of building permits. G. Permits from other agencies will be required as follows: Coastal Commission 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. I. Project is approved as submitted/modified as evidenced by the plot plan dated December 5, 1989 received by the City of Encinitas on December 5, 1989 (date) and signed by a City Off icial as approved by the Old Encini tas Community Advisory on December 14, 1989 (date) and shall not be altered without Planning and Community Development Department review and approval. APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: TC/03/CR06-431wp5 (12-21-89-1) 2. SITE DEVELOPMENT A. B. 3. site shall be developed in accordance with the approved site plans which are dated and signed as approved on December 14, 1989 (date) by community Advisory Board/Planning Commission/City Council and which are on file in the Planning and Community Development Department and the conditions contained herein. 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. Arrangements to pay these fees shall be paid prior to: Building permit issuance. as deemed necessary by the appropriate agency. C. Any change to the natural drainage or concentration of drainage shall be adequately handled and shall not impact adjacent properties. PARKING AND VEHICULAR ACCESS A. 4. Driveways shall meet the standards of the Zoning Ordinance, Public Works Standards, and the Offstreet parking Design Manual. LANDSCAPING A. 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. APPLICANT SHALL CONTACT THE ENCINITAS FIRE PROTECTION DISTRICT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 5. FIRE A. B. Structures shall be protected by automatic fire sprinkler systems. Sprinkler systems shall be installed to the satisfaction of the Encinitas Fire Protection District. Prior to final recordation, the applicant shall submit a letter from the Fire District stating that all TC/03/CR06-431wp5 (12-21-89-1) 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: Grading Conditions A soils/geological/hydraulic 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 grading plan. Drainaqe Conditions 2. 1. Concentrated flows across driveways and/or sidewalks shall not be permitted. street Conditions 3. 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. 4. Plans specifications, and supporting documents for all improvements shall be prepared to the satisfaction of the City Engineer. 5. 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. utilities Map None. 6. The developer shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies regarding services to the project. 7. The developer shall be responsible for coordination with S.D.G. & E., Pacific Telephone, and Cable TV authorities. 8. All proposed utilities within the project shall be installed underground including existing utilities unless exempt by the Municipal Code. 9. The developer shall be responsible for the relocation and undergrounding of existing public utilities, as required. TC/03/CR06-431wp5 (12-21-89-1)