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1994-05 . . . RBSOLUTION NO. OL-94-0S A RBSOLUTION OF THB OLIVB1UIAIN COMMUNITY ADVISORY BOARD APPROVING A DBSIGN RBVIEW PBRKIT TO ALLOW THB CONSTRUCTION OF A SINGLB FAMILY RBSIDBNCB THAT BXCEBDS THB STANDARD HBIGHT BHVBLOPB OF 2' FBBT TO A MAXIMUM OF 29 FBBT 6 INCHBS FOR PROPERTY LOCATBD AT 322' BRooKSIDB LANB (CASE NUMBER 94-103 DR; APN: 265-251-08) WHEREAS, Robert Davis and Greg Jordan submitted an application for consideration of a Design Review Permit to exceed the 26-foot standard height to a maximum of 29 feet 6 inches for a single family residence for property located at 3226 Brookside Lane, and legally described as; LOT 9 OF MAP NO. 12338, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 16, 1989 AS FILE NO. 89-134167. WHEREAS, a public hearing was conducted by the Olivenhain Community Advisory Board on August 2,1994 and all persons desiring to be heard were heard; and WHEREAS, the Olivenhain Community Advisory Board considered, without limitation: 1. The Agenda Report for the August 2, 1994 meeting; 2. The General Plan, Zoning Code and associated Land Use Maps; 3. 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 4. 5. The application, plans and supporting background material dated received by the City on June 30, 1994. Said plans consisting of 3 sheets of the site Plan, Exterior Elevations and the Floor Plans. cd/cro/sr94103.o11(7-28-94) 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") HOW, TRBRBPORB, BB IT RBSOLVED by the Olivenhain Community Advisory Board of the City of Encinitas that application 94-103 DR is hereby approved subject to the following conditions: A. . 5. 6. . COMMUHITY 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 June 30, 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 August 2, 1996), during which time construction of the approved structure shall be pursued in conformance with the Uniform Building Code to the satisfaction of the Community Development Director; or as may be extended pursuant to the Municipal Code. 4. 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. 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 approval 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 cd/cro/sr94103.o11(7-28-94) . B. . 3. 4. 5. C. needed for the construction of the proj ect, and the mi tigation of potential impacts the construction may pose to surrounding residents. 7. Grading and/or the installation of structures within the Flowage Easement over the western portion of the lot shall be prohibited except as may be approved by the City Engineer in accordance with a hydrological analysis. Prior to Building Permit issuance, the developer shall provide proof of a Recreational Trail easement, to the satisfaction of the Community Development Director, wi thin a portion of the property identified on the approved plans as the: "20 foot Escondido Sewer Outfall Easement". 8. 9. All construction plans for the residential unit shall be submitted to the Building Division for plancheck review. FIRE PREVENTION DISTRICT: The developer shall contact the Fire Protection District regarding compliance to the following conditions: 1. FUEL MODIFICATION: The developer shall submit to the Community Development Department a letter of clearance from the Fire Protection District stating that required fire/fuel breaks have been provided to the satisfaction of the District. 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. AUTOMATIC FIRE SPRINKLER SYSTEMS: Structures shall be protected by automatic fire sprinkler systems installed to the satisfaction of the Encinitas Fire District. 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. SMOKE DETECTORS: Smoke detectors shall be inspected by the Fire Department. PUBLIC WORKS I CITY ENGINEER: The developer shall contact the Engineering Services Division regarding compliance to the following condition: . 1. The developer shall provide an hydrologic analysis, prepared by a licensed engineer, to the satisfaction of cd/cro/sr94103.o11(7-28-94) the City Engineer prior to the City's approval of any grading within the Flowage Easement of Copper Creek. . BE IT PURTHER 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. PASSED AND ADOPTED this 2nd day of August, 1994, by the following vote, to wit: AYES: Bode, Jordan, Van Slyke NAYS: None ABSENT: McGregor, Tutoli . ABSTAIN: None airman of Community Ci ty of P ul an Slyke the Olivenhain Advisory Board, Encinitas ATTEST; ~b K,4~ craig R~ Ôlson Assistant Planner . cd/cro/sr94103.o11(7-28-94) . BXHIBIT "A" Resolution OL-94-0S Pindings 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 28 feet 6 inches from the finished grade to the roof sheeting of the structure. The proposed 2-story structure will have 4,419 square feet of floor area and an 828 square foot attached garage. Discussion: The requested 28 feet 6 inches is measured from the finished grade elevation of 104.0 feet to the peak of the roof sheeting. An additional 6 inches will be required for the tile roofing material. The finished pad elevation is indicated to be 104.0 feet. In accordance with the Municipal Code definitions, building heights are measured from the lower of natural or finished grade. Topographical maps on file with the City indicate the natural grade of the subject property to be at elevation 103.6 in the vicinity of the proposed building pad. Therefore, the total building height when measured from existing grade (103.6 feet) to the top of the roofing material on the structure's ridgeline will be approximately 29 feet 6 inches. This height is below the General Plan maximum height limitation of 30 feet for residential structures. It is not anticipated that the portion of the roof line extending beyond the 26-foot standard height will significantly impact neighboring views due to the location of the proposed structure in relation to neighboring properties and the location of structures on those properties. The structure will conform to Zoning development standards including Lot Coverage and setbacks. 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/sr94103.o11(7-28-94)