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1992-14 RESOLUTION NO. OE92-14 A RESOLUTION OF THE OLD ENCINITAS COKKUHITY ADVISORY BOARD APPROVING A DESIGN REVIEW PERMIT FOR A SECOND STORY ADDITION TO AN EXISTING SINGLE FAMILY HOKE TO EXCEED THE STANDARD HEIGHT ENVELOPE TO A MAXIMUM 29' 6" ABOVE GRADE FOR PROPERTY LOCATED AT 789 BALOUR DRIVE (CASE NUMBER 92-072 DR) WHEREAS, a request for consideration of a Design Review permit was filed by Mr. Harold Cohen for a second story addition to an existing single family home to exceed the standard 26 ft height envelope to a maximum 29'6" above grade per Chapter 30.16 of the City of Encinitas Municipal Code, for the property located at 789 Balour Drive, legally described as: The West 195.00 feet of the North 67.50 of the South Half of the South Half of the North Half of the Northeast Quarter of the Southwest Quarter of section 14, Township 13 South, Range 4 West, San Bernardino Base and Meridian, in the county of San Diego, State of California, according to united States Government Survey approved April 19, 1881. WHEREAS, a public hearing was conducted on the application on June 18, 1992; WHEREAS, the Community Advisory Board considered: 1. The staff report dated June 8, 1992; 2. The application, site plan, floor plan and elevations submitted by the applicant dated received May 6, 1992; 3. Line of sight diagram submitted by the applicant dated received May 22, 1992; 4. Oral testimony from staff, applicant, and public made a part of the record at said public hearing; WHEREAS, the Old Encinitas Community Advisory Board made the following findings pursuant to Chapter 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 92-072 DR is hereby approved subject to the following conditions: (SEE ATTACHMENT "B") C:\MATT\92072DR.SR (6-8-92) 5 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 15301 (e) of the state CEQA Guidelines. PASSED AND ADOPTED this 18th day of June 1992, by the following vote, to wit: AYES: cartwright, Birnbaum, Lewis NAYS: None ABSENT: Steyaert ABSTAIN: None Vir inia Ch rperson of tOld Encinitas Community Advisory Board ATTEST: .--. -::--::;"'---' ._-3"/~-> ---- ." -- _.-~ ------. . /ð"">--~- C --r.~ - Tom Curr1den Associate Planner 6 ATTACHKENT "A" Resolution No. OE92-14 Case No. 92-072 DR Applicant: Hatfield/cohen Findings for Desiqn Review In order to approve the requested 3.5 ft projection above the maximum height limit for a roof of greater 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. 2. That the building is compatible in bulk and mass with buildings on neighboring properties. Facts: The proposal is to construct a 756 sq ft second story addition above an existing single family residence to a maximum height of 29'6" above grade in the R-3 zone. Two properties east of the subject site which can potentially be impacted by this project currently do not enjoy significant westerly views. No other properties will be significantly impacted as a result of this request. Discussion: The applicant has stated that this proposed addition will not significantly impact views from surrounding properties and that it will be compatible in bulk and mass with other structures in the neighborhood. As evidenced by the submitted Line of sight diagram dated received May 22, 1992, the two properties immediately east of the subject site do not currently enjoy a westerly view and not other properties will be significantly impacted as a result of the proposed addition. In addition, there is no evidence that any neighbors object to the proposal to exceed the 26 ft height envelope by 3.5 ft to a maximum of 29'6". Conclusion: Therefore, the Board finds that the proposal for a single family addition to exceed the standard height envelope to a maximum 29'6" above grade will protect some significant views and will be compatible in bulk and mass with other residences in the neighborhood. 7 ATTACHMENT liB" Resolution No. OE92-14 Case No. 92-072 DR Applicant: Hatfield/cohen Conditions: 1. Buildina Department: Revised plans shall be submitted to the Building Department for plan check approval. 2. Fire Department: Prior to building permit issuance, applicant shall submit a statement from the Fire District to the Community Development Department indicating that all development impact, plan check and/or cost recovery fees have been paid. Address numbers shall be clearly visible from the street fronting the structure. 3. Enaineerina: 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. b. The developer shall comply with all the rules, regulations and design requirements of the respective utility agencies regarding services to the project. c. The developer shall be responsible for coordination with S.D.G. & E., Pacific Telephone and other applicable authorities. d. All proposed utilities within the project shall be installed underground including existing utilities unless exempt by the Municipal Code. e. The developer shall be responsible for the relocation and undergrounding of existing public utilities, as required. 4. Community Development: If substantial construction has not been completed in reliance upon a granted design review permit within two years of the grant, then upon notice to the property owner, and an opportunity to present information to the Community Development Director, the Director may declare the design review permit to have expired with the privileges granted thereby canceled. 5. In the event that one or more of the conditions imposed on the design review permit is violated, the Director, upon notice 8 and an opportunity to present information, may revoke the design review permit or impose additional conditions. 6. The approved project shall conform to plans reviewed and approved by the Old Encinitas Community Advisory Board and shall not be increased in height, extend beyond the limitations of the approved design review permit, or otherwise modified beyond the approved plans and limitations of this design review permit without prior approval by the city. 7. Permits or findings of exemption shall be obtained from the state Coastal Commission and any other applicable Government Agencies. 8. A proponent or protestant of record may appeal a final decision of the hearing body by filing the appeal within fifteen (15) calendar days of the hearing body's decision pursuant to Chapter 1.12 of the Encinitas Municipal Code. 9