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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. . cdjcdjsr94112.NE1(8-11-94) 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. . cdjcdjsr94112.NE1(8-11-94)