1992-23
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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 )
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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.
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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
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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.
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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.
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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
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~: 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.
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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.
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CR/03/MS23-2332WP51
(5/5/92-1)