1991-01
RESOLUTION NO. OE91-01
A RESOLUTION OF THE OLD ENCINITAS COMMUNITY
ADVISORY BOARD APPROVING A DESIGN REVIEW PERMIT FOR A SINGLE
FAMILY HOME TO EXCEED THE MAXIMUM HEIGHT LIMIT OF 12 FT TO
13.5 FT ABOVE THE CROWN OF THE ALLEY EAST OF THE SITE FOR
PROPERTY LOCATED AT 73~DEWITT STREET
(CASE NUMBER 90-270 DR)
WHEREAS, a request for consideration of a Design Review Permit
was filed by Ms. Virginia Cartwright for a single family home to
exceed the maximum height limit of 12 ft to 13.5 ft above the alley
east of the site per Chapter 30.16 and of the City of Encinitas
Municipal Code, for the property located at 730 Dewitt street,
legally described as:
Lot 12, Block "B" Subdivision of East Block 7 of Sturges and
Rattan's Subdivision of East Blocks 7, 8, 10, 11, and 12 in
Encinitas, in the County of San Diego, State of California,
according to the Map thereof No. 33, filed in the Office of the
County Recorder of San Diego County on March 19, 1887.
WHEREAS, a public hearing was conducted on the application on
January 31, 1991 and;
WHEREAS, the Community Advisory Board considered:
1. The staff report dated January 24, 1991;
2. The application, site plan, elevations, landscape plan, and
site line study dated December 3, 1990 submitted by the
applicant;
3. Oral evidence submitted at the hearing;
4. written evidence submitted at the hearing; and
WHEREAS, the Old Encinitas Community Advisory Board made the
following findings pursuant to Chapters 30.16 of the Encinitas
Municipal Code:
(SEE ATTACHMENT" A")
NOW, THEREFORE, BE IT RESOLVED by the Old Encinitas community
Advisory Board of the City of Encinitas that application 90-270 DR
is hereby approved subject to the following conditions:
(SEE ATTACHMENT "B")
BE IT FURTHER RESOLVED by the Old Encinitas Community Advisory
Board of the City of Encinitas that:
This project was found to be exempt from environmental review under
Section 15303 (a) of the State CEQA Guidelines.
. PASSED AND ADOPTED this 31st day of January, 1991, by the
following vote, to wit:
AYES:
NAYS:
ABSENT:
ABSTAIN:
@à~ ~ /J¿~'
Peter Tobias, Chairman of
the Old Encini tas Community
Advisory Board
~~
Tom Curriden
Associate Planner
.
.
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ATTACHMENT "A"
Resolution No. OE91-01
Applicant: cartwright
Location: 730 Dewitt
Findings: (Code Section, Factual Circumstances, Reasoning,
Conclusion)
In order to approve the requested 1.5 ft projection above
the maximum height limit for a roof of less than 4/12
pitch pursuant to section 30.16.010.B7b of the Municipal
Code, the Board must determine that the portion of the
building outside of the standard envelope maintains some
of the significant views enjoyed by residents of nearby
properties, and that the building is compatible in bulk
and mass with buildings on neighboring properties.
1. The portion of the building outside of the standard
envelope maintains some of the significant views
enjoyed by residents of nearby properties.
Evidence: The applicant has provided a site line diagram
dated received December 3, 1990 which indicates that
views taken from 4 ft above the top finish floor of the
property on the east side of the alley directly behind
the subject site will be preserved if the flat roof does
not exceed 13.5 ft above the crown of the alley pursuant
to section 30.16.010. B7b of the Encinitas Municipal Code.
The Board finds that significant views from the property
directly behind the site and other properties fronting
on Cornish Drive will be maintained as a result of this
project.
2. That the building is compatible in bulk and mass
with buildings on neighboring properties.
Evidence: The Board finds that there are homes in the
surrounding area which are two stories in height. The
typical lot size in the neighborhood is 5,000 sq ft which
would permit a maximum floor area of 3,000 sq ft under
the R-11 zoning standards. Many of the newer buildings
in the neighborhood are at least 3,000 sq ft in floor
area, comparable to the size of the proposed home. The
structure has been designed to step down the slope and
limit the bulk of the building. In addition, several
decks and architectural features have been incorporated
into the design of the building to break up it's mass.
. RESOLUTION NO. OE91-01
CONDITIONS OF APPROVAL
ATTACHMENT "B"
Applicant: cartwright
Case No: 90-270 DR
Subject: Design Review for a single family home to exceed
height of 12 ft. above crown of the alley east of
the lot to a maximum of 13.5 ft. Municipal Code
permits a building of a maximum of 16 ft. high above
alley with a 4/12 pitch roof or 12 ft. high for a
flat roof.
Location: 730 Dewitt
I. SPECIFIC CONDITIONS
A. The maximum height of the single family home shall not
exceed 13.5 ft. above the crown of the alley.
II. STANDARD CONDITIONS
1. GENERAL CONDITIONS
. A. This approval will expire in two years, on January
31, 1993, at 5:00 p.m. unless the conditions have
been met or an extension has been approved by the
Authorized Agency.
B. This approval may be appealed to the Planning
Commission within 15 calendar days from the date of
this approval.
C. Approval of this request shall not waive compliance
with any sections of the Zoning Code and all other
applicable City Ordinances in effect at the time of
Building Permit issuance unless specifically waived
here.
D. 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 unless specifically waived here.
E. This approval shall become null and void if building
permits are not issued for this project within two
. years from the date of project approval. If the
CO/03/CRO9-712wp51(1-25-91-1)
. applicant is not able to obtain building permits due
to a growth management program within the two year
period, this approval may be extended by the
Director of Planning and Community Development to
allow for the issuance of building permits.
F. Permits from other agencies will be required as
follows:
state Coastal Commission
G. Project is approved as submitted/modified as
evidenced by the site plan and elevations dated
received by the city of Encinitas on December 3,
1990, and signed by a City Official as approved by
the Old Encinitas Community Advisory Board on
January 31, 1991, and shall not be altered without
Planning and Community Development Department review
and approval.
H. Prior to issuing a final inspection on framing, the
applicant shall provide a survey from a licensed
surveyor or a registered civil engineer verifying
the building height is in compliance with the design
review permit.
. APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND COMMUNITY
DEVELOPMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
2. SITE DEVELOPMENT
A. For new residential dwelling unit(s), 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 Fees, Drainage Fees,
and Park Fees. Arrangements to pay these fees shall
be paid prior to:
Building permit issuance; or
as deemed necessary by the appropriate agency.
3. PARKING AND VEHICULAR ACCESS
A. Driveways shall meet the standards of the Zoning
Ordinance, Public Works Standards, and the Offstreet
Parking Design Manual.
APPLICANT SHALL CONTACT THE ENCINITAS FIRE PROTECTION DISTRICT
. REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
CO/03/CRO9-712wp5 2(1-25-91-1)
. 4. FIRE
A. Prior to final recordation, the applicant shall
submit a letter from the Fire District stating that
all development impact, plan check and/or cost
recovery fees have been paid or secured to the
satisfaction of the District. Future structures
shall be protected by automatic fire sprinkler
systems. Sprinkler systems shall be installed to
the satisfaction of the Encinitas Fire Protection
District. Address numbers shall be clearly visible
from the street fronting the structure.
APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
5. DRAINAGE CONDITIONS
A. A drainage system capable of handling and disposing
of all surface water originating within the project,
and all surface waters that may flow onto the
project from adjacent lands, shall be required.
B. Concentrated flows across driveways and/or sidewalks
. shall not be permitted.
C. The developer shall exercise special care during the
construction phase of this project to prevent any
offsite siltation. The developer shall provide
erosion control measures and shall construct
temporary desiltation/detention basins of type, size
and location as approved by the City Engineer.
6. STREET CONDITIONS
A. Developer shall execute and record a covenant with
the County Recorder agreeing not to oppose the
formation of an assessment district to fund the
installation of right-of-way improvements.
7. UTILITIES
A. The developer shall comply with all the rules,
regulations and design requirements of the
respective utility agencies regarding services to
the project.
B. The developer shall be responsible for coordination
with SDG&E, Pacific Telephone, and Cable TV
. authorities.
CO/03/CRO9-712wp5 3(1-25-91-1)
. C. All proposed utilities within the project shall be
installed underground including existing utilities
unless exempt by the Municipal Code.
.
.
CO/03/CRO9-712wp54(1-25-91-1)