1988-31
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. RESOLUTION NO. OE-31
A RESOLUTION OF THE OLD ENCINITAS COMMUNITY ADVISORY BOARD
APPROVING A PROPOSED ADDITION OF A
8 RECREATION ROOM AND GARAGE TO AN EXISTING
BLUFF TOP SINGLE FAMILY RESIDENCE,
ALONG WITH AUTHORITY TO EXCEED THE
BUILDING ENVELOPE PRESCRIBED BY ORDINANCE 87-80,
LOCATED AT 402 NEPTUNE AVENUE
WHEREAS, a request for a Design Review Permit to allow the
addition of a garage and recreation room to an existing
bluff top single family residence, and authority to exceed the
building envelope prescribed by Ordinance 87-80 for a proposed
chimney, was filed by Robert and Sharon Frickman; and
WHEREAS, the Community Advisory Board considered:
1. The staff report dated May 10, 1988,
2. The site plan, floor plans, and elevations submitted by
the applicant,
8 3. The geologic survey submitted by the applicant,
4. written evidence submitted at the hearing,
5. Oral testimony given at the hearing; and
WHEREAS, at said hearing the Community Advisory Board made
the following findings:
A. The project design is in substantial compliance with the
City's Design Review Guidelines.
B. None of the regulatory conclusions contained in sections
23.08.072 through 23.08.090, inclusive, can be made in
this instance.
C. Based upon the information contained in the geologic study
dated February 5, 1988 submitted by the applicant, the
proposed addition will not contribute to bluff
deterioration or be subject to damage from bluff failure
during the economic life of the structure.
D. That the projection of the proposed chimney out of the
building envelope does not significantly impact the views
of adjacent properties, in that the project maintains the
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. significant views enjoyed by residents of nearby
properties.
E. That the project is compatible in structural size (bulk
8 and mass) to adjacent properties and neighborhood.
NOW THEREFORE, BE IT RESOLVED that Design Review and
authority to exceed building envelope application 88-097 DR is
hereby approved subject to the following conditions:
1. A Coastal Permit or finding of exemption must be obtained
from the California Coastal Commission prior to building
permit issuance.
2. No grading, scraping, or removal of vegetation shall be
allowed on a bluff face or within 40 feet of the top edge
of a bluff.
3. No grading, or removal or deposit of material shall take
place except pursuant to a grading permit issued by the
City Engineer in connection with a building permit; or
pursuant to an application to the Community Development
Department, that has been approved by the Director, to do
minor grading, where no grading permit is required.
8 4. The grading plan shall incorporate drainage provisions
into site development to prevent run-off from gaining
access to the bluffs and shall be constructed so as to
allow drainage to the street.
5. This Design Review approval is valid for two years, until
May 19, 1990, prior to which time Building Permits must be
obtained and construction begun in substantial reliance
upon this permit.
6. GENERAL CONDITIONS
A. This approval may be appealed to the authorized
agency within 10 days from the date of this approval.
B. Nothing in this permit shall relieve the applicant
from complying with the conditions and regulations
generally imposed upon activities similarly in nature
to the activity authorized by this permit;
C. 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.
7. SITE DEVELOPMENT
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A. Owner(s) shall enter into a covenant waiving any
claims of liability against the City and agree(s) to
8 indemnify and hold harmless the City and City's
employees relative to the approved project. This
covenant is applicable to any bluff failure and
erosion resulting from the development project.
8. FIRE
A. Prior to delivery of combustible building materials
on site, water and sewer systems shall satisfactorily
pass all required tests and be connected to the
public water and sewer systems. In addition, the
first lift of asphalt paving shall be in place to
provide adequate, permanent access for emergency
vehicles. Said access shall be maintained to the
satisfaction of the Fire Department.
9. GRADING
A. Grading of the subject property shall be in
accordance with the Grading Ordinance.
B. All damaged off-site public works facilities,
including parkway trees, shall be repaired or
replaced prior to final approval, to the satisfaction
of the Department of Public Works.
8 c. 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.
PASSED AND ADOPTED this 19th day of May, 1988, by the
following vote, to wit:
AYES: Kauflin, Rollman, Hano, Couglar, Tobias
NAYS: None
ABSENT: None Ha~~àr '~f the Old
Encinitas Community Advisory Board
ATTEST:
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Tom Curriden, Assistant Planner
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