Loading...
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.