1989-06
, ,
8 RESOLUTION NO. NE-89-06
A RESOLUTION OF THE NEW ENCINITAS
COMMUNITY ADVISORY BOARD APPROVING A DESIGN REVIEW
PERMIT FOR 44 LOTS FOR WARMINGTON HOMES
(89-112-DR) FOR PROPERTY BEING
THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 13 SOUTH,
RANGE 4 WEST, SAN BERNARDINO MERIDIAN,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA
WHEREAS, Warmington Homes, applied for a Design Review permit
for construction of 44 single family dwelling units as required by
Chapter 23.08, the City of Encinitas Design Review Ordinance and
section 30.16.010, 7, B of the zoning Code; and
WHEREAS, public hearings were conducted on the application
8 by the New Encinitas community Advisory Board on July 17 and August
21, 1989, and all persons desiring to be heard were heard; and
WHEREAS, evidence was submìtted and considered to include
without limitation:
a. si te plan, elevations and landscape plan submitted by the
applicant;
b. written information submitted with the application;
c. Oral testimony from staff, applicant, and public made a
part of the record at said public hearings;
d. CAB staff reports (89-112-DR) dated July 7, and August
15, 1989 which are on file in the office of Planning and
Community Development; and
e. Additional written documentation.
NOW THEREFORE, BE IT RESOLVED by the New Encinitas Community
Advisory Board of the city of Encinitas that the Design Review
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LN/CABl1f-129wp (8-15-89)
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8 Permit for 89-112-DR for 44 single family dwelling units is hereby
approved subject to the following findings:
A. The project design is consistent with the General Plan,
a Specific Plan or the provisions of this Code.
Evidence to Consider: .
This proj ect was approved pursuant to the previous zoning
regulations and General Plan. The CAB and Planning Commission
found the project to be consistent with appropriate
regulations in effect at that time. Since the project did
receive previous approval, it is considered to be a pipeline
project pursuant to City Council policy.
B. The project design is substantially consistent with the
Design Review Guidelines.
Evidence to Consider:
The proj ect design is substantially consistent with Design
Review Guidelines as it incorporates design elements
recommended in the Design Review Guidelines and Ordinance, by
considering buffer landscaping or fencing between the project
8 and existing commercial and residential development in the
properties; the proposal preserves some significant views
I enjoyed by nearby properties; reflects an acceptable level of
I design appearance by offering 9 different elevation options
and off-seting the structure setbacks to the highest degree
possible; takes into consideration the privacy needs of the
abutting residential area by site layout, fencing and
landscaping; incorporates significant landscaping into the
project by providing approximately 73 street trees and dense
perimeter landscaping; and otherwise substantially conforming
with the city's adopted design criteria.
c. The project would adversely affect the health, safety or
general welfare of the community.
I Evidence to Consider:
The project would not adversely affect the health, safety or
general welfare of the community and the Planning commission
approved a Negative Declaration for the subdivision and the
grading on May 9, 1989. Additionally, the project has all
required utility connection approvals and is being developed
within city standards, therefore, it again should not
adversely affect the health, safety or general welfare of the
community.
8 LN/CABllf-129wp
(8-15-89)
8 D. The project would tend to cause the surrounding
neighborhood to depreciate materially in appearance or
value.
Evidence to Consider:
The proposal reflects an compatible level of design appearance
in conformance with the Design Review Guidelines and Design
Review Ordinance and thus will not be materially detrimental
to surrounding properties.
E. The portion of the building outside of the standard
envelope maintains some of the significant views enjoyed by
residents of nearby properties.
Evidence to Consider:
The roof line on Plans 1 and 2 exceeds the 26 foot maximum by
6 inches. Chimneys are about 30 feet high. The roofline of
Plan 3 is 25 feet but the chimney is about 2 feet above the
26' foot height limit.
Views of the house at the end of Crest Drive (627 Crest) and
those at the end of Orangetree may be only minimally impacted
by structures on the site.
: 8
l F. The building is compatible in bulk and mass with buildings
on neighboring properties.
Evidence to Consider:
The two story Oakmont structures have more visible bulk and
mass than the one story residences along the subdivision entry
on Crest Drive, however, the zoning allows for two story and
the project has incorporated considerable facade plane off-
set and roof plane off-set into the architectural style of the
structures in conformance with the Design Review Ordinance.
That portion of the structures on Plans 1 and 2 that exceeds
the 26 foot maximum building height envelope is minimal, only
6 inches, and does not substantially block view of the
surrounding properties.
G. The proposed project is in conformance with section
23.08.76 of the Design Review Ordinance, since the exterior
materials for the project have been coordinated to be
compatible with each other and the surrounding area, and the
proposed structures are preserving views to the extent
possible, and the size proposed for the structures is
comparable with standard two story single family dwelling
8 units in the Encinitas area in the same zone.
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H. The proposed project is in conformance with section
23.08.077 of the Design Review Ordinance, since the
landscaping proposed will help create privacy for the
individual lots, and the neighboring residential and
commercial properties, the project will be landscaping 15'
outside the north property line overlooking the Target
shopping center, and extensive street tree planting is
proposed that enhances the character of the community.
1. The impact of the proposed development on the site and
the surrounding area is being mitigated by measures that have
been designed into the project, and a Negative Declaration was
Certified by the Planning Commission on April 28,1989 for the
subdivision and the grading.
BE IT ALSO RESOLVED, that the Design Review Permit is approved
with the following conditions:
1. The project is approved as submitted on the elevations
dated August 21, 1989 and landscape/site plans dated
August 2,1989, on file in the Department of Planning and
8 Community Development, and shall not be altered without
community Advisory Board review and approval.
.
. 2. Prior to the city Building Department issuing a final
inspection on framing, the applicant shall provide to the
Department of Planning and Community Development a survey
from a civil Engineer as to the building height in
conformance with this Design Review approval.
3. That a plan be submitted for approval by the Director of
Planning and Community Development, the City Engineer,
and the Encinitas Fire Protection District regarding the
treatment of the site during the construction phase, and
the circulation and parking of construction workers'
vehicles and any heavy equipment needed for the
construction of the project.
4. That the landscape plan is approved as submitted on the
plans dated August 2, 1989, on file in the Department of
Planning and Community Development, and shall not be
altered without Community Advisory Board review and
approval, and a final landscape construction plan shall
be submitted for staff review and approval that details
the number, size, type, and location of the final
landscaping in substantial conformance with the approved
8 landscape plan.
LN/CABllf-129wp (8-15-89)
8 5. That Design Review as required in Chapter 23.08 of the
Municipal Code for all fences 4' and over in height on
the individual lots and any changes or additions to
fences shown on the approved landscape plan dated August
2, 1989 or elevation plans dated August6 21, 1989, shall
be processed through the Administrative Design Review
process as required by standards in effect at the time
of the application, rather than through Design Review at
the Community Advisory Board level. This is intended to
allow staff to process the Design Review permit
administratively to include the required public notice,
and to allow staff to review the fences for compatibility
with the existing Design Review permit for the project.
6. A "Notification of Requirements for Fence and Wall
Review" shall be given to the prospective property owners
regarding the requirements for Administrative Design
Review of all fences 41 and over in height and a copy of
the "Notification of Requirements for Fence and Wall
Review" shall be submitted to the Department of Planning
and Community Development for review and approval prior
to issuance to the propsective property owners.
8 7. All mitigation measures setforth in the Negative
Declaration certified by the Planning Commission on April
28, 1989 shall be conditions of approval and will be
" monitored and reported in accordance with the
, on
Mitigation Monitoring and Reporting Program as designated
in the Negative Declaration.
8. The property owner shall record a landscape covenant in
the office of the County Recorder to run with the land,
agreeing that 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.
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8 PASSED AND ADOPTED this 21st day of August, 1989, by the
following vote, to wit:
AYES: Boardmembers Colgan, Quinn, Patton, and White
NAYS: None
ABSENT: Boardmember Beck
ABSTAIN: None
Charles Colgan, Chai
of the New Encinitas
'" community Advisory Board
ATTEST:
8 -;t; "
LI A S. NILES,
Associate Planner
8 LN/CABl1f-129wp
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8 Recording Requested By: )
)
) COVENANT
)
When Recorded Mail To: )
)
city of Encinitas )
Planning and community )
Development Department )
527 Encinitas Blvd, suite 100 )
Encinitas. CA 92024 ) SPACE ABOVE FOR RECORDER'S USE
COVENANT REGARDING REAL PROPERTY
Warmington Homes, ( II OWNER II hereinafter) is the owner of real
property described in Exhibit A which is attached hereto and made
a part hereof and which is commonly known as 611 Crest Drive,
Encinitas, California (IIPROPERTYII hereinafter). In consideration
of the approval of a Design Review Permit for 44 single family
residential homes, Application No. 89-112-DR by the City of
8 Encinitas (IICITYII hereinafter), OWNER hereby covenants and agrees
i for the benefit of the CITY, to do the following:
¡
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.
This Covenant shall run with the land and be binding upon and
inure to the benefit of the future owners, encumbrances,
successors, heirs, personal representatives, transferees and
assigns of the respective parties.
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8 OWNER agrees that OWNER's duties and obligations under this
Covenant are a lien upon the Property. Upon notice and
opportunity to respond, the CITY may add to the tax bill of OWNER
any past due financial obligation owing to CITY by way of this
Covenant.
If either party is required to incur costs to enforce the
provisions of this Covenant, the prevailing party shall be
entitled to full reimbursement of all costs, in cluding reasonable
attorneys' fees, from the other party. The CITY may assign to
persons impacted by the performance of this Covenant the right to
enforce this Covenant against OWNER.
8
DATED OWNER
I
DATED OWNER
8 LN/CABllf-129wp (8-15-89)
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8 STATE OF CALIFORNIA)
) ss:
COUNTY OF SAN DIEGO)
On ,198--, before me, the undersigned, Notary
Public in and for said State, personally appeared ,
known to me or proved to me on the basis of satisfactory evidence
to be the person whose name is subscribed to the within instrument
and acknowledge that executed the same.
WITNESS my hand and official seal.
8
Notary Public in and for
said County and State
CITY OF ENCINITAS
Dated by
(No need to notarize)
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