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)