1994-01
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RESOLUTION NO. OL-94-01
A RESOLUTION OF THE
OLIVENHAIN COMMUNITY ADVISORY BOARD
APPROVING A DESIGN REVIEW PERMIT TO ALLOW
THE CONSTRUCTION OF A SINGLE FAMILY
RESIDENCE THAT EXCEEDS THE STANDARD
HEIGHT ENVELOPE OF 26 FEET TO A MAXIMUM OF 30
FOR PROPERTY LOCATED AT 3240 OLIVENHAIN RANCH
FEET
ROAD
(CASE NUMBER 94-032DR; APN: 264-091-22)
WHEREAS, an application for consideration of a Design Review
Permit to exceed the 26 foot standard height to a maximum of 30
feet for a single family residence for property located at 3240
Olivenhain Ranch Road, and legally described as;
Parcel 3 of Parcel Map No. 16593, in the City of Encinitas,
County of San Diego, State of California, filed in the office
of the County Recorder of San Diego County, August 22, 1991.
WHEREAS, a public hearing was conducted by the Olivenhain
Community Advisory Board on April 5, 1994; and
WHEREAS, the Olivenhain Community Advisory Board considered,
without limitation:
1.
2.
The Agenda Report for the April 5, 1994 meeting;
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; and .
The application, plans and supporting material dated
received by the City on March 14, 1994. Said plans
consisting of 5 sheets of the site plan, floor plans and
exterior elevations.
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 EXHIBIT "A")
cd/cro/sr94032.o11(3-31-94)
NOW, THEREFORE, BE IT RESOLVED by the Olivenhain Community
Advisory Board of the City of Encinitas that application 94-032
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DR is hereby approved subject to the following conditions:
A.
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6.
7.
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8.
COMMUNITY DEVELOPMENT DEPARTMENT: The developer shall contact
the Community Development regarding compliance with the
following conditions:
1.
The project is approved as submitted and evidenced by
plans dated received by the City on March 14, 1994 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 1.12 of the Municipal Code.
3.
This Design Review approval shall be valid for two years
from the effective date of the permit (to April 5,1996),
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; or as may be extended pursuant to the
Municipal Code.
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 measurements
specified on the approved plans.
4.
5.
For the new residential dwelling unit, the applicant
shall pay development fees at the established rate. Such
fees may include, but shall not be limited to: Permit
and Plan Checking Fees, School Fees, Water and Sewer
Service Fees, Traffic Fees, Drainage Fees and Park Fees.
Arrangements shall be made to the satisfaction of the
appropriate department or agency to pay the impact fees
prior to Building Permit issuance or Final Occupancy
approval.
Prior to Building Permit issuance, a plan shall be
submitted for approvql by the Director of Community
Development and the Encinitas Fire Protection District
regarding the treatment of the site during the
construction phase, the circulation and parking of
construction workers' vehicles and any heavy equipment
needed for the construction of the proj ect, and the
mi tigation of potential impacts the construction may pose
to surrounding residents.
Grading and/or the installation of structures within the.
Open Space easement over the southeast portion of the lot
shall be prohibited.
All construction plans for the residential unit shall be
submitted to the Building Division for plancheck review.
cd/cro/sr94032.o11(3-31-94)
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B.
FIRE PREVENTION DISTRICT: The developer shall contact the
Fire Protection District regarding compliance to the following
conditions:
1.
Access Roadways: Fire apparatus access roadways shall
have an unobstructed paved width of not less than twenty-
four (24) feet and an unobstructed vertical clearance of
not less than 13 feet 6 inches. A roadway providing
access to a single family residence shall not be less
than sixteen (16) feet in paved width. EXCEPTION: with
automatic sprinkler systems installed, a fire access road
providing access to not more than three single family
dwellings shall not be less than 16 feet in paved width
with an unobstructed vertical clearance of not less than
13 feet 6 inches. .
2.
ADDRESS NUMBERS: Address numbers shall be placed in a
location that will allow them to be clearly visible from
the street fronting the structure. The height of numbers
shall conform to Fire District standards. Note: Where
structures are located off a roadway on long driveways,
a monument marker shall be placed at the entrance where
the driveway intersects the main roadway. Permanent
address numbers shall be affixed to this marker.
3.
AUTOMATIC FIRE SPRINKLER SYSTEMS: Structures shall be
protected by automatic fire sprinkler systems installed
to the satisfaction of the Encinitas Fire District.
4.
FEES: Prior to Final Occupancy, the applicant shall
submit to the Community Development Department a letter
from the Fire Prevention District stating that all
development impact, plan check and/or cost recovery fees
have been paid or secured to the satisfaction of the Fire
District. .
5.
SMOKE DETECTORS: Smoke detectors shall be inspected by
the Fire Department.
BE IT FURTHER RESOLVED by the Olivenhain Community Advisory
Board of the City of Encinitas that this project was found to be
exempt from Environmental Review pursuant to Section 15303 (a) .
This project will not individually or cumulatively have an adverse
effect on wildlife resources, as defined in Section 711.2 of the
Fish and Game Code and, therefore, a Certificate of Fee Exemption
shall be made with De Minimis Impact Findings.
cd/cro/sr94032.o11(3-31-94)
PASSED AND ADOPTED this 5th day of April,
following vote, to wit:
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AYES: Bode,
NAYS: None
ABSENT: None
ABSTAIN: None
McGregor, Jordan, Tutoli, Van Slyke
Paul Van Sl ,
the Olivenhain
Advisory Board,
Encinitas
ATTEST:
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~~<>Q.~
craig R. Olson
Assistant Planner
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cd/cro/sr94032.o11(3-31-94)
1994,
by the
airman of
Community
ci ty of
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EXHIBIT "A"
Resolution OL-94-01
Findings Pursuant to Section 30.16.010B 7b
of the Municipal (Zoning) Code
Related to Exceeding the Standard Height Envelope
The portion of the building outside of the Standard Height envelope
maintains some of the significant views enjoyed by residents of
nearby properties, and the buildings are compatible in bulk and
mass with buildings on neighboring properties.
Facts: The plans submitted by the applicant callout a
maximum height of 29 feet to the roof sheeting of the
structure. The applicant requests approval to a maximum
height of 30 feet to allow for roofing material, although the
total height of the structure would be slightly under 30 feet.
Discussion: The proposed residence will be situated on the
rough graded building pad at an elevation of approximately 189
feet. The open space easement to the southeast of the
building pad rises to an elevation of approximately 280 feet.
The structure as approved with a building height of 30 feet,
will be approximately 60 feet below the ridge of the open
space easement on the southeast portion of the lot. The
living area of the proposed two story residence is to be 4,971
square feet (sf). An attached 4-car garage is proposed to be
1,256 sf. The total square footage of the structure at 6,227
sf could be considered incompatible in bulk and mass with
buildings on neighboring properties. However, the footprint
of the structure in comparison to the lot size (i.e.: Lot
Coverage), is 4.42% of the lot.
Conclusion: Therefore, the Olivenhain Board finds that the
encroachment beyond the standard height of 26 feet would not
have any impact on significant views enjoyed by residents of
nearby properties. In addition, the standard Lot Coverage for
the RR (Rural Residential) Zoning District is 35%. Since Lot
Coverage is well below the maximum 35% permitted within the RR
Zoning District, the finding that the structure "is compatible
in bulk and mass with buildings on neighboring properties" is
warranted.
cd/cro/sr94032.o11(3-31-94)