1994-05
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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
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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.
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5.
6.
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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)
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B.
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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
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the City Engineer prior to the City's approval of any
grading within the Flowage Easement of Copper Creek.
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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
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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.
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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.
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