1993-01
RESOLUTION NO. OE 93-01
A RESOLUTION OF THE OLD ENCINITAS CAB
DENYING A DESIGN REVIEW PERMIT REQUEST
FOR 40 DETACHED SINGLE FAMILY HOMES FOR LOTS APPROVED
UNDER TENTATIVE MAP 91-212 TM/EIA FOR PROPERTY
LOCATED AT 209 SAXONY RD. IN OLD ENCINITAS
(CASE NUMBER 92-213 DR)
WHEREAS, a request for consideration of a Design Review Permit
for 40 proposed single-family detached homes and related site
improvements on lots established under Tentative Map 91-212
TM/V/EIA was filed by Beck Properties pursuant to Chapter 23.08 of
the City of Encinitas Municipal Code, for the property located at
209 Saxony Rd., adjacent and east of the extension of Seacrest Way,
legally described as:
(See Attachment "A")
WHEREAS, a public hearing was conducted on the application on
February 18, 1993 and March 18, 1993 by the Old Encinitas CAB; and
WHEREAS, the Old Encinitas CAB considered, without limitation:
1. The staff reports dated February 9 and March 9, 1993,
with attachments;
2. The application and associated materials including a
site/lighting plan with cross sections of the site
consisting of 2 sheets dated received January 15, 1993,
a site landscaping and fence plan consisting of 4 sheets
dated received January 15, 1993, house elevations
consisting of 6 sheets dated received January 15, 1993,
two sheets of computer simulations for view analysis
dated received January 22, 1993;
3. The story poles erected on the site by the applicant as
directed by the Board;
4. Oral evidence submitted at the hearing;
5. Written evidence including photo displays presented at
the hearing; and
WHEREAS, the Old Encinitas Community Advisory Board made the
following findings pursuant to Chapter 23.08 of the Encinitas
Municipal Code:
(SEE ATTACHMENT "B")
TC/8/92213DR.RED (3-19-93)
.01IIII
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of
the City of Encinitas that application 92-213 DR is hereby denied.
PASSED AND ADOPTED this 18th day of March, 1993, by the
following vote, to wit:
AYES: Birnbaum, Cartwright, Steyaert
NAYS: Comeau, Lewis
ABSENT: None
ABSTAIN: None
Virginia Cartwright,
Chairperson of the Old
Encinitas Community
Advisory Board
ATTEST:
Tom Curriden
Associate Planner
TC/8/92213DR.RED (3-19-93)
..II1II
ATTACHMENT "A"
RESOLUTION NO. OE 93-01
CASE * 92-213 DR
THE EASTERLY 600.45 FEET OF THE SOUTH 1/2 OF THE SOUTHEAST QUARTER
OF THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 13 SOUTH, RANGE 4
WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF ENCINITAS; AND
THE NORTH 475 FEET OF THE EAST 1/2 OF THE EAST 1/2 OF THE NORTHEAST
QUARTER OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 13 SOUTH,
RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF ENCINITAS.
TC/8/92213DR.RED (3-19-93)
RESOLUTION NO. OE 93-01
ATTACHMENT "B"
FINDINGS FOR DESIGN REVIEW (MUNI. CODE CHAPT. 23.08)
(Case * 92-213 DR)
Facts:
section 23.08.070 (B) of the Municipal Code States that "An
application for Design Review Permit shall be approved unless
findings of fact are made based upon the information presented in
the application or during the deliberations which support one or
more of the regulatory conclusions contained in this Chapter."
Discussion:
Regulatory conclusion 23.08.074 (F.) reads: "The project design
does not preserve significant public views to the extent possible,
nor does it offer mitigation for the lost views. II
The Board finds that the project consists of 40 homes, some of
which are one story homes of a maximum 22 ft. height and some of
which are located within identified view corridors from Quail
Botanical Gardens, a public park. The Board finds that there are
existing significant westward views from the Quail Botanical
Gardens property, which the project does not preserve to the extent
possible or offer mitigation for their loss. The Board finds that
there are design alternatives available that are feasible which are
relatively minor and would mitigate the impacts.
Conclusion:
The Board finds that regulatory conclusion 23.08.074 (F.) applies,
and that the proj ect is thus denied in accordance with section
23.08.070 (B.) of the Municipal Code.
TC/8/92213DR.FI2 (3-19-93)
ATTACHMENT "c"
Project description . BECK DEVELOPMENT
. .
Project number.. . 92-15
. .
Project type. .. . DESIGN REVIEW
. .
Application date . . . 01/15/93
.
Project description: Design Review for 40 detached single-family
dwellings and related site improvements. Applicant: Beck
Development Location: 209 Saxony (Easterly terminus of Seacrest
Way) Environmental Status: Negative Declaration previously
certified in conjunction with Case # 91-212 TM/EIA.
APPLICANT SHALL CONTACT THE COMMUNITY DEVELOPMENT DEPARTMENT
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
SPECIFIC CONDITIONS:
A. All conditions and mitigation measures set forth in
City of Encinitas Resolution 92-91 shall remain in full
force and effect.
B. All approved landscape plans shall conform with Ordinance
92-40 (Chapter 23.26) of the Municipal Code. Pursuant to
section 23.26.110, at least 1 model home shall be designated
as the "Water Efficient Landscape Model" and shall feature
examples of water efficient landscaping including
hydrozones, irrigation equipment, and other elements which
contribute to the overall water efficient theme.
STANDARD CONDITIONS:
1.This approval will expire in two years (on Feb. 18, 1994)
unless the conditions have been met or an extension has been
approved by the Authorized Agency.
2. This approval may be appealed to the Authorized Agency
within 15 calendar days from the date of this approval.
3.All required landscape materials and irrigation systems shall
be in place prior to use or occupancy of the new buildings or
structures. All required landscape materials and irrigation
systems shall be maintained in good condition, and whenever
necessary, shall be replaced with new plant materials or
irrigation systems to insure continued compliance with applicable
landscaping, buffering, and screening requirements. All
landscapi~g and irrigation systems shall be maintained in a
manner that will not depreciate adjacent property values and
otherwise adversely affect adjacent properties.
4.Landscaping shall be maintained in such a way that view
corridors will not be blocked. A standard covenant specifying
this condition shall be recorded with the County Recorder to give
constructive notice to successors in interest.
5.Approval of this request shall not waive compliance with any
sections of the Municipal Code and all other applicable City
Ordinances in effect at the time of Building Permit issuance
unless specifically waived here.
6.The applicant shall comply with the latest adopted Uniform
Building Code, Uniform Mechanical Code, Uniform Plumbing Code,
National Electric Code, Uniform Fire Code, and all other
applicable codes and ordinances in effect at the time of Building
Permit issuance.
7.This approval shall become null and void if building permits
are not issued for this project within 2 years from the date of
project approval. If the applicant is not able to obtain
building permits due to a growth management program within the 2
year period, this approval may be extended by the Community
Development Director to allow for the issuance of building
permits.
8.The applicant shall obtain permits from the California Coastal
Commission and all other applicable regulatory agencies.
9.prior to issuing a final inspection on framing, the applicant
shall provide a survey from a licensed surveyor or a registered
civil engineer verifying that the building height is in
compliance with this permit.
10.The project is approved in accordance with the plans dated
received as of the date described below and by the agency also
described below on the specified date, and shall not be altered
without Community Development Department review and approval:
Plans approved by the Old Encinitas CAB consisting of
site/lighting plan with site cross-sections consisting of 2
sheets dated received January 15, 1993; a site landscaping and
fence plan consisting of 4 sheets dated received January 15,
1993; house elevations consisting of 6 sheets dated received
January 15, 1993, and two sheets of computer simulations for view
analysis dated received January 22, 1993.
11.AII roof appurtenances, including air conditioners, shall be
architecturally integrated, shielded from view and sound buffered
from adjacent properties and streets as required and approved by
the Community Development Department.
12.prior to any use of the project site or business activity
conducted thereon, all conditions of approval contained herein
shall be completed to the satisfaction of the Director of
Community Development.
13.For new residential dwelling unites), the applicant shall pay
development fees at the established rate. Such fees may include,
but not be limited to: Permit and Plan Checking Fees, School
Fees, Water and Sewer Service Fees, Traffic Mitigation Fees,
Drainage Fees, and Park Fees. Arrangements to pay these fees
shall be made prior to Final Map approval (where applicable) or
build~ng permit agency to the satisfaction of the respective
agencles.
14.Street names shall be approved by the City prior to the
recordation of the Final Map, and street addresses shall be
provided prior to the issuance of building permits.
15.A plan shall be submitted for approval by the Encinitas Fire
District and Community Development Director regarding the
security treatment of the site during the construction phase, the
on and off-site circulation and parking of construction worker's
vehicles and any heavy equipment needed for construction.
16.TURNAROUNDS: All dead-end fire access roadways in excess of
150 feet in length or serving four or more dwelling units shall
be provided with a cul-de-sac. The cul-de-sac radius for public
streets shall comply with city road standards. Streets
constructed to private road standards where a turnaround is
required shall have a cul-de-sac with a paved radius of not less
than 36 feet. Cul-de-sacs in commercial projects shall comply
with city road standards. Alternate types of turnarounds may be
considered by the Fire Chief as needed to accomplish the purpose
of this code.
17.RESPONSE MAPS: Any development that by virtue of new
structures necessitates fire hydrants, roadways or similar
features, shall be required to provide a map in a format
compatible with current department mapping services, and shall be
charged a reasonable fee for updating all department response
maps.
18.COMBUSTIBLE MATERIALS: Prior to the delivery of combustible
materials on the project 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 a permanent
all-weather surface for emergency vehicles. Said access shall be
maintained to the satisfaction of the Fire District.
19.0BSTRUCTIONS (ACCESS ROADWAYS): All traffic lanes shall be a
minimum of 24 feet in width during construction and shall be
maintained clear and free of obstructions during construction in
accordance with the Uniform Fire Code.
20.FlRE HYDRANTS & FIRE FLOWS: The applicant shall submit a
letter from the Encinitas Fire Protection District stating
satisfaction with the type, number, and location of fire
hydrants. A letter from the water agency serving the area shall
be provided that states the required fire flow is available.
Fire hydrants shall be of a bronze type. A two-sided blue
reflective road marker shall be installed on the road surface to
indicate the location of the fire hydrant for approaching fire
apparatus.
21.INSTALL FIRE HYDRANT(S) AS FOLLOWS:
Between Lots 9 and 10, corner of Seacrest and "A" Lane,
between Lots 22 and 23, 28 and 29, and 33 and 34.
22.ADDRESS NUMBERS: Address numbers shall be placed in a location
that will allow them to be clearly visible from the street
fronting the structure. The height of the numbers shall conform
to Fire District Standards. NOTE: Where structures are located
off a roadway on long driveways, a monument marker shall be
placed at the entrance where the driveway intersects the main
roadway. Permanent numbers shall be affixed to this marker.
23.AUTOMATIC FIRE SPRINKLER SYSTEM: Structures shall be protected
by an automatic fire sprinkler system installed to the
satisfaction of the Fire District.
24.RECORDATION: Prior to granting final recordation or
development approval, the applicant shall submit to the Planning
Department a letter from the Fire District stating that all fees
including plan check reviews and/or cost recovery fees have been
paid or secured to the satisfaction of the Fire District.
25.SMOKE DETECTORS: Smoke detectors shall be inspected by the
Fire Department.