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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 8 LN/CABl1f-129wp (8-15-89) I , 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. LN/CABllf-129wp (8-15-89) I 8 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. 8 LN/CABllf-129wp (8-15-89) J 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 (8-15-89) 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. 8 LN/CABllf-129wp (8-15-89) j . 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) . . 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) 8 LN/CABllf-129wp (8-15-89)