1994-02
RESOLUTION NO. NE-94-02
A RESOLUTION OF THE NEW ENCINITAS COMMUNITY
. ADVISORY BOARD APPROVING A DESIGN REVIEW
PERMIT TO ALLOW ROOF-TOP CUPOLAS TO EXCEED
THE 26 FOOT RESIDENTIAL HEIGHT LIMIT FOR A
MAXIMUM HEIGHT OF 30 FEET AND EXTERIOR
MODIFICATIONS TO THE RITZ COLONY APARTMENTS
FOR PROPERTY LOCATED AT 1190 ENCINITAS BOULEVARD
(CASE NUMBER 94-112 DR; APN: 259-320-06)
WHEREAS, Patricia Simmons submitted an application for
consideration of a Design Review Permit to exceed the 26 foot
residential height limit to a maximum height of 30 feet for
roof-top cupola vents and other exterior modifications to an
existing apartment complex for property located at 1190 Encinitas
Boulevard, legally described as:
PARCEL 2 OF PARCEL MAP 14055, IN THE CITY OF ENCINITAS, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY,
. WHEREAS, a public hearing was conducted by the New Encinitas
Community Advisory Board on August 16, 1994 and all persons
desiring to be heard were heard; and
WHEREAS, the New Encinitas Community Advisory Board
considered, without limitation:
1. The Agenda Report for the August 16, 1994 meeting;
2. The General Plan, Zoning Code and associated Land Use
Maps;
3. Oral evidence submitted at the hearing by staff, by the
applicant and by the public;
4. Written evidence submitted with the application and at
the public hearing; and
5. The application, plans and supporting background material
dated received by the city on July 15, 1994. Said plans
consisting of 2 sheets of the site Plan and Exterior
Elevations.
.
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WHEREAS, the New Encinitas Community Advisory Board made the
following findings pursuant to Chapters 30.16.010B 7b and 23.08.070
. of the Encinitas Municipal (Zoning) Code:
(SEE EXHIBIT "A")
NOW, THEREFORE, BE IT RESOLVED by the New Encinitas Community
Advisory Board of the City of Encinitas that application 94-112 DR
is hereby approved subject to the following conditions:
A. COMMUNITY DEVELOPMENT DEPARTMENT: The developer shall contact
the Community Development regarding compliance with the
following conditions:
1. The project is conditionally approved as submitted and
evidenced by plans dated received by the City on July 15,
1994 and shall not be altered without City approval or as
conditioned herein.
2. Should the applicant be unable to modify the roof cupola
features, or show evidence that they comply with the 30
foot height limitation established by General Plan Land
Use Element Policy 7.10, the cupolas must be redesigned
or deleted from the plans submitted for building
. plancheck and permit review.
This approval may be appealed to the Planning commission
3.
within 15 calendar days from the date of this approval in
accordance with Chapter 1.12 of the Municipal Code.
4. This Design Review approval shall be valid for two years
from the effective date of the permit (to August 16,
1996), during which time construction of the approved
structure shall be pursued in conformance with the
Uniform Building Code to the satisfaction of the
Community Development Director; or as may be extended
pursuant to the Municipal Code.
5. A licensed surveyor shall verify the height of the
structure at the time of framing inspection to certify
that the height does not exceed the height measurements
specified on the approved plans. No portion of the
building shall exceed the height limits established by
General Plan Land Use Element Policy 7.10.
6. Permits from other agencies will be required, but may not
be limited to:
The California Coastal Commission
. 7. Prior to Building Permit issuance, a plan shall be
submitted for approval by the Director of Community
Development and the Encinitas Fire Protection District
cdjcdjsr94112.NE1(8-11-94)
regarding the treatment of the site during the
construction phase, the circulation and parking of
construction workers' vehicles and any heavy equipment
. needed for the construction of the project, and the
mitigation of potential impacts the construction may pose
to surrounding residents.
8. All construction plans shall be submitted to the Building
Division for plancheck review.
B. FIRE PREVENTION DISTRICT: The developer shall contact the
Fire Protection District regarding compliance to the following
conditions:
1. FEES: Prior to Final Occupancy, the applicant shall
submit to the Community Development Department a letter
from the Fire Prevention District stating that all
development impact, plan check and/or cost recovery fees
have been paid or secured to the satisfaction of the Fire
District.
BE IT FURTHER RESOLVED by the New Encinitas Community Advisory
Board of the city of Encinitas that this project was found to be
exempt from Environmental Review pursuant to section 15301 (a) .
This project will not individually or cumulatively have an adverse
. effect on wildlife resources, as defined in section 711.2 of the
Fish and Game Code and, therefore, a Certificate of Fee Exemption
shall be made with De Minimis Impact Findings.
PASSED AND ADOPTED this 16th day of August, 1994, by the
following vote, to wit:
AYES: Weinstein, Edde, Beck, Felker, Van Reusen
NAYS: None
ABSENT: None
ABSTAIN: None
. AT~e.ciL
Craig R. Olson, Assistant Planner
cd/cd/sr94112.NE1(8-11-94)
EXHIBIT "A"
Resolution NE-94-02
Findings Pursuant to section 30.16.010B 7b
and 23.08.070 of the Municipal Code
. The portion of the building outside of the standard Height envelope
maintains some of the significant views enjoyed by residents of
nearby properties, and the buildings are compatible in bulk and
mass with buildings on neighboring properties.
Facts: The plans submitted by the applicant call out a
maximum height of 30 feet from the existing grade to the roof
peak of the cupola structures. However, staff's review of the
plans indicate that some of the roof cupolas would exceed the
30 foot maximum height standard.
Discussion: The requested 30 feet is measured from the lower
of existing or finished grade to the peak of the roof cupolas
at all point adjacent to the structure. It has been
determined that the cupolas on split pad structures will
significantly exceed the 30 foot height limit and therefore
are not consistent with the General Plan. Should the
remaining cupolas on level pad structures be reduced in height
to comply with the 30 foot height limit, it is not anticipated
that the cupola roof lines extending beyond the 26 foot height
limit will significantly impact neighboring views due to the
location of the existing structures in relation to neighboring
properties and the location of structures on those properties.
The portion of the structure exceeding the 26 foot standard
. height will be consistent in bulk and mass with surrounding
apartment complexes.
Conclusion: Therefore, the New Encinitas Board finds that the
encroachment above the 26 foot residential height limit would
not have any impact on significant views enjoyed by residents
of nearby properties. In addition, the finding that the
structure "is compatible in bulk and mass with buildings on
neighboring properties" is warranted since no addition floor
area is proposed and the remodeled structures are consistent
in bulk and mass with surrounding apartment structures.
1) The project design is consistent with the General Plan,
or Specific Plan and the provisions of the Municipal Code.
Facts: The subject property was approved for multifamily
residential development under the County and is located in the
R-20 Multifamily Residential Zone adopted by the city of
Encinitas on March 29, 1989.
Discussion: Staff has identified that the cupolas as proposed
exceed the 30 foot residential height limit established by the
City's General Plan. Staff is recommending that the applicant
be afforded the option of reducing the height of the cupolas
so that they comply with the 30 foot height limit. Should the
applicant be unable to bring the proposed cupolas into
. compliance, the cupolas must be deleted from the building plan
submittal as conditioned in this Resolution. All other
cdjcdjsr94112.NE1(8-11-94)
aspects of the submitted project complies with the Zoning Code
standards and General Plan Policies.
Conclusion: The New Encinitas Community Advisory Board finds,
. therefore, that if modified to satisfy the condition of this
approval to comply with the 30 foot height limit, the design
of the project conforms to the policies and standards of the
General Plan, Zoning Ordinance, and Municipal Code.
2) The project design is substantially consistent with the
Design Review Guidelines.
Facts: The project design proposes exterior improvements to
an existing 144 unit apartment complex.
Discussion: The project design is consistent with the intent
of the Design Guidelines in that proposed improvements are
well coordinated and tied together with a common earth tone
color scheme.
Conclusion: Therefore, the Board finds that the project
design is consistent with the intent of the Design Review
Guidelines.
3) The project design will not adversely affect the health,
safety, or general welfare of the community.
Facts: The project design proposes exterior improvements to
an existing 144 unit apartment complex.
. Discussion: No evidence has been cited to indicate that the
project design would adversely affect the health, safety, or
general welfare of the community.
Conclusion: Therefore, the New Encinitas Community Advisory
Board finds that the project design will not adversely affect
the health, safety or general welfare of the New Encinitas
Community.
4) The project will not tend to cause the surrounding
neighborhood to depreciate materially in appearance or value.
Facts: The project design proposes exterior improvements to
an existing 144 unit apartment complex.
Discussion: No evidence has been cited to indicate that the
project would materially depreciate the appearance or value of
the neighborhood.
Conclusion: Therefore, the New Encinitas Community Advisory
Board finds that the project will not adversely depreciate the
appearance or value of the immediate neighborhood or the New
Encinitas Community.
.
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