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:
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---- ." -- _.-~ ------.
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Tom Curr1den
Associate Planner
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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.
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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
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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.
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