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1992-23 . . . RESOLUTION NO. OL-92-23 A RESOLUTION OF THE OLIVENHAIN COMMUNITY ADVISORY BOARD CITY OF ENCINITAS, APPROVING A DESIGN REVIEW PERMIT TO ALLOW A SINGLE FAMILY RESIDENCE TO EXCEED THE 26 FOOT STANDARD HEIGHT ENVELOPE FOR PROPERTY LOCATED AT 3660 DOVE HOLLOW DRIVE (CASE NUMBER 92-02l DR)- WHEREAS, a request for consideration of a Design Review Permit was filed by Robert and Jane Bell to allow a single family residential structure to exceed the 26 foot standard height envelope to 30 feet when measured from the lower of natural or finished grade per Chapter 30.16.010B 7b of the City of Encinitas Municipal (Zoning) Code, for the property located at 3660 Dove Hollow Drive, legally described as; That portion of the Northeast Quarter of the Southeast Quarter of the Southeast Quarter of Section 5, Township 13 South, Range 3 West, San Bernardino Base and Meridian, in the City of Encinitas, County of San Diego, State of California according to united States Survey as described in Document # 1991- 0276761 Recorded in the Office of the County Recorded for San Diego County on June 10, 1991. WHEREAS, a public hearing was conducted on the application on July 7, 1992; and WHEREAS, the Olivenhain Community Advisory Board considered, without limitation: 1. 2. The staff report dated July 1, 1992; The General Plan, Zoning Code and associated Land Use Maps; Oral evidence submitted at the hearing by staff, by the applicant and by the public; Written evidence submitted with the application and at the public hearing; Plans submitted by the applicant and dated received by the City of Encinitas on June 16,1992 consisting of four sheets of the site Plan and Building Elevations; and 3. 4. 5. WHEREAS, the Olivenhain Community Advisory Board made the following findings pursuant to Chapter 30.16.010B 7b of the Encinitas Municipal (Zoning) Code: (SEE ATTACHMENT II A II ) . . . NOW, THEREFORE, BE IT RESOLVED by the Olivenhain Community Advisory Board of the City of Encinitas that application 92-021 DR is hereby approved subject to the following conditions: (1) The project as submitted and evidenced by plans dated received by the City on June 16, 1992 is approved and shall not be altered without City approval or as conditioned herein. (2) This approval may be appealed to the Planning commission within 15 calendar days from the date of this approval in accordance with Chapter l.12 of the Municipal Code. All conditions of Resolutions OL-92-07 and OL-92-16 shall be complied with in accordance with this project approval. The Mitigations of the Environmental Initial Assessment (Case # 92-031 EIA) for the Negative Declaration contained in Attachment "B" to this Resolution, shall be complied with to the satisfaction of the City Engineer whose responsibility it shall be to moni tor and report on the mitigation requirements to assure compliance. (3) (4) This Design Review approval shall be valid for two years from the effective date of the permit; during which time construction of the approved structure shall be pursued in conformance with the Uniform Building Code to the satisfaction of the Director of Community Development. (5) A licensed surveyor shall verify the height of the structure at the time of framing inspection to certify that the height does not exceed the height measurement specified on the approved plans. BE IT FURTHER RESOLVED by the Olivenhain Community Advisory Board of the City of Encinitas that: A Negative in Declaration is this adopted project for conformance with the Environmental Initial Assessment conducted for the project and the Assessment's Mitigations in conformance with CEQA Guidelines. . . . PASSED AND ADOPTED this following vote, to wit: 7th day of July, by the 1992, AYES: Bode, Kitnick, Van Slyke, Schafer NAYS: None ABSENT: None ABSTAIN: None ATTEST: ~ /) . ( ßM6 e . Craig R. Olson Assistant Planner Bryan R. chafer, Chairman of the Olivenhain Community Advisory Board, City of Encinitas ATTACHMENT "A" RESOLUTION NO. OL-92-23 . Findings for Design Review per Chapter 30.16.010B 7b of the Encinitas Municipal (Zoning) Code (Case No. 92-021 DR) FINDING: The portion of the building outside of the standard envelope shall maintain some of the significant views enjoyed by residents of nearby properties. The structure shall be compatible in bulk and mass with buildings on neighboring properties. Facts: The structure is situated on a 2.68 acre parcel of property in such a way as not to obstruct any views from neighboring properties. The building will measure a maximum of 25 feet in height when measured from finish grade and will appear as a 2 story structure similar to other residential buildings in the neighborhood. Discussion: This approval is based upon the findings specified in Section 30.16.010B 7b of the Municipal Code that permi ts structures to exceed the 26 foot standard height envelope if it is found that the portion of the structure outside the envelope does not significantly impact neighboring views and the bulk and mass of the structure is compatible with other buildings in the neighborhood. . Conclusion: The Olivenhain Community Advisory Board finds that the large size of the lot of 2.68 acres and the positioning of the proposed structure will not significantly impact views through the site from neighboring properties. The Board also finds that the height of 30 feet when measured from natural grade will not affect the bulk and mass of the structure since the building will appear to be a maximum of 25 feet in height when measured and viewed from finished grade. The Environmental Initial Assessment for the project grading reflects the independent judgement of the Olivenhain CAB and the Board adopts a Negative Declaration for the project and has included project mitigations as conditions of this approval. . . . . A11ï-C~Me,.JT "8" WAYS TO MITIGATE SIGNIFICANT ENVIRONMENTAL IMPACfS fA. ~. The project's ,roposed grading activities would result in disruption and displacement of the soil, and would also somewhat alter the topography of the site, possibly increasing the effects of erosion. However, these changes are not substantial, and would be minimized by adherence to the measures set forth in the City of Encinitas GP Resource Management Element (Policy 14.1.14.7). Measures would include minimizing vegetation removal and grading, restricting grading to the dry season, prompt landscaping of all cut and fill slopes~ etc. The construction of brow ditches and a Type 2 energy dissipator, as shown on the grading plan, wou.ld also control erosion. g. Air. Temporary nuisance.level impactS associated with grading would be reduced by adhering to standard grading practices for dust control, such as watering prior to soil grading. Emissions from construction equipment would not be significant and thus would not require mitigation. ð: . Water. Despite the proposed landform alteration, site drainage patters would be maintained through the proposed grading plan. Adherence to planning specifications would avoid significant drainage and water quality impacts. 8. Plant Life. Due to the disturbed nature of the site, development is not expected ~ to create significant impacts. However, it is recommended that the dead brush be removed from the drainage swale for fire safety purposes. The larger chaparral specimens could be pruned and retained for aesthetic purposes, and to provide drought-tolerant landscaping for erosion control in the swale. ~ Noise. Construction of the project would be limited to daytime hours to reduce temporary noise impacts. CR/03/MS23-2332WP51 (5/5/92-1) A'\"Th.c.ì-\ "^~ l ,\ 'B'l . ~: Public Services. The project will incrementally contribute to increased demands for public services. However, because the project involves only a single residence and will pay school fees and other fees to offset impacts, these increases would not be cumulatively significant. °, It. Cultural Resources. The presence or absence of archaeological cultural resources on the property is undetermined, and therefore, project implementation mayor may not create impacts. The property has been somewhat disturbed by previous clearing and leveling activities. Records searches reveal that no historic sites were recorded within the boundaries of the project area and no readily apparent indications of archaeological or historic cultural resources are present. The City's General Plan designates the project area . archaeologically insignificant. Therefore, it is determined that the proposed project will not have a significant impact on Cultural Resources and will not require mitigation. . . CR/03/MS23-2332WP51 (5/5/92-1)