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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 . . - ----- - 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)