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1994-06 . . . RESOLUTION NO. OL-94-06 A RESOLUTION OF THE OLIVENHAIN COMMUNITY ADVISORY BOARD APPROVING A DESIGN REVIEW PERMIT MODIFICATION TO ALLOW THE CONSTRUCTION OF TEN SINGLE FAMILY RESIDENCES AND FOR A GATED ACCESS ENTRY AND TO ALLOW STRUCTURES ON LOTS 1, 3, 5, 6, 7, 9 ~D 10 TO EXCEED THE 26-FOOT STANDARD HEIGHT FOR PROPERTY LOCATED AT 4355 MANCHESTER AVENUE (APN: 259-190-83; CASE NO. 94-154 DR-MOD) WHEREAS, an application for consideration of a Design Review Permit Modification request was filed by Venture Pacific (Robert Booker) to allow for the construction of ten (10) single family residences and to exceed the Standard Height Envelope on Lots 1,3, 5, 6, 7, 9 and 10 and for the design of the gated access entry for property located at 4355 Manchester Avenue, and legally described as; LOTS 1 THROUGH 7, INCLUSIVE, AND LOTS 9 THROUGH 11, INCLUSIVE, OF MAP 12947 AND REMAINDER PARCEL AS SHOWN ON MAP NO. 88-231 OF THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED JULY 2,1992, AS FILE NO. 1992-0418486 OF OFFICIAL RECORDS. WHEREAS, a public hearing was conducted by the Olivenhain community Advisory Board on October 4, 1994 and all those desiring to speak did speak; and WHEREAS, the Olivenhain Community Advisory Board considered, without limitation: 1. The Agenda Report for the October 4, 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 material dated received by the City on September 19, 1994. Said plans consisting of 15 sheets of the site Development Plans, cd\cro\a:\sr94154.o11(O9-28-94) . Floor Plans, Exterior Elevations, Landscape & Irrigation Plans, Gated Access Entry and Fencing/Wall Plans, Identification Signage Plans, and Sectional Plans. The design plans consisting of the Floor Plans and Exterior Elevations for Plan Types 1, 2 and 3. In addition, "as built" Grading Plans consisting of 12 sheets and dated received by the City on September 19, 1994 were also submitted with the application. WHEREAS, the Olivenhain Community Advisory Board made the following findings pursuant to Chapters 23.08 and sections Code: 30.16.010B 7b and 30.78.030 of the Encinitas Municipal (Zoningl (SEE EXHIBIT "A") NOW, THEREFORE, BE IT RESOLVED by the Olivenhain Community Advisory Board of the City of Encinitas that application 94-154 DR-MOD is hereby approved subject to the following conditions: . (3) (4) (5) . (1) The project is approved as submitted and evidenced by plans dated received by the City on September 19, 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. This Design Review approval shall be valid for two years from the effective date of the permit (to October 4, 1996), during which time construction of the approved structure(s) 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 structures on Lots 1,3,5,6,7,9 and 10 at the time of framing inspection to certify that the height does not exceed the height measurements specified on the approved plans. For new residential dwelling unit (s), 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. This requirement was specified on the cd\cro\a:\sr94154.o11(O9-28-94) . (7) (8) . (9) Tentative Map and is re-stated since fees are assessed during Building Permit Plancheck review. (6) 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 needed for the construction of the proj ect, and the mitigation of potential impacts the construction may pose to surrounding residents. All required landscape plantings shall be in place prior to use or occupancy of new buildings or structures. All required plantings and automated irrigation systems shall be maintaíned in good growing and working condition and, whenever necessary, shall be replaced with new plant materials or irrigation parts to ensure continued compliance with applicable landscaping, buffering, and screening requirements. .AII landscaping and irrigation systems shall be maintained in a manner that will not depreciate adjacent property values and otherwise adversely affect adjacent properties. A minimum of two Accessory Apartments or other provisions to implement the requirements of Chapter 24.21 for Affordable Housing shall be provided or secured prior to Final Occupancy of the tenth dwelling unit within the subdivision to the satisfaction of the Director of Community Development. All exterior lights within the subdivision and in landscaped areas shall be provided with shields to prevent light glare from being visible above the horizontal plane of the bottom of the light source. All lighting within the entry area to the subdivision shall be downlighting. (10) The wall along Manchester Avenue shall be shortened at the northeast corner of the subdivision at the point where the wall intersects with the rear yard fencing for Lot 1. (11) FIRE PROTECTION DISTRICT: DEVELOPER SHALL CONTACT THE ENCINITAS FIRE PROTECTION DISTRICT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: . A. 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 cd\cro\a:\sr94154.o11(O9-28-94) . . F. G. . H. feet in paved width with an unobstructed vertical clearance of not less than 13 feet 6 inches. B. 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. C. COMBUSTIBLE MATERIALS: Prior to delivery of combustible building materials on the project site, water and sewer systems shall satisfactorily pass all required tests and be connected to the public water and sewer systems. In addition, the first lift of asphalt paving shall be in place to provide a permanent all weather access for emergency vehicles. Said access shall be maintained to the satisfaction of the Fire District. D. OBSTRUCTIONS: All traffic lanes shall be a minimum of twenty-four (24) feet wide and shall be maintained free and clear of obstructions at all times during construction in accordance with the Uniform Fire Code. Emergency access roadways, when required, shall be properly identified as per Fire Department standards. E. FIRE HYDRANTS AND FLOWS: The applicant shall submit a letter from the Encinitas Fire Protection District to the Community Development Department stating the District's satisfaction with the type, number and location of fire hydrants. A letter from the water agency serving the area shall be provided to the District which states that the required fire flow is available. Fire hydrants shall be of a bronze type. A two-sided blue reflective road marker shall be installed on the road surface to indicate the location of the fire hydrant for approaching fire apparatus. 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. TURNAROUNDS: All dead-end fire access roadways in excess of 150 feet in length or serving four or cd\cro\a:\sr94154.o11(O9-28-94) . K. more dwelling units shall be provided with a cul- de-sac. The cul-de-sac radius for public streets shall comply with the City's Road Standards. street constructed to Private Road standards where a turnaround is required shall have a cul-de-sac with a paved radius of not less than 36 feet. Alternate types of turnarounds maybe considered by the Fire Chief as needed to accomplish the purpose of the Fire Code. I. J. SMOKE DETECTORS: Smoke detectors inspected by the Fire Department. Gates shall be equipped with an emergency quick release system and shall be activated by strobe sensors which will open the gate upon the approach of emergency vehicles. The exit gate shall be loop detector activated. A battery back-up power system for the gate operation shall be provided to the satisfaction of the District. Plans for the gates and their electrical components shall be submitted to the Fire Protection District for approval prior to the issuance of a Building Permit. shall be The developer shall submit the Maintenance Agreement for the entry gates and guardhouse to the Fire District for their review and approval. (12) All construction plans for the residential units shall be submitted to the Building Division for plancheck review. (13) Public improvements and other requirements of the Final Subdivision Map shall be implemented by the developer. . (14) The developer shall implement the Mitigation Monitoring and Reporting Program established by the Environmental Initial Assessment for the project. Costs for implementation of the Program shall be secured to the satisfaction of the City Engineer and the Community Development Director prior to the issuance of Building Permits. BE IT FURTHER RESOLVED by the Olivenhain Community Advisory Board of the City of Encinitas that: A Negative Declaration was adopted for this project on October 24, 1989 in conformance with CEQA Guidelines and a Mitigation Monitoring and Reporting Program was made a part of the Final Map and Grading requirements for the project. 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\a:\sr94154.o11(O9-28-94) . . . PASSED AND ADOPTED this 4th day of October, 1994, by the following vote, to wit: AYES: Bode, McGregor, Tutoli, Jordan NAYS: None ABSENT: Van Slyke (excused from discussion) ABSTAIN: None Scot M. Jorda , Vice-Chairman of the Olivenhain Community Advisory Board, city of Encinitas ATTEST: ~b ~. u(J~ Craig R. Olson Assistant Planner cd\cro\a:\sr941S4.o11(O9-28-94) . . . EXHIBIT "A" Resolution OL-94-06 Findings for Design Review Approval Pursuant to section 23.08.072 and Section 30.16.010B7b of the Municipal Code 1) The project design is consistent with the General Plan, or Specific Plan and the provisions of the Municipal Code. Facts: The subject property was approved for subdivision and the Design Review Modification request is consistent with the Tentative Map approval. . Discussion: Staff can not identify any aspect of the submi tted proj ect which does not comply with Zoning Code standards, General Plan Policies or the requirements of the Tentative Subdivision Map approval. Conclusion: The Olivenhain Community Advisory Board finds, therefore, that the design of the project conforms to the policies and standards of the General Plan, Zoning Ordinance, Municipal Code, and the provisions of the Tentati ve Map approval. 2) The project design is substantially consistent with the Design Review Guidelines. Facts: The project design provides structures which conform to the site design layout of the approved subdivision map, the building designs provide architectural accents and relief and the homes are situated to provide privacy and security. Discussion: The project design is consistent with the intent of the Design Guidelines in that buildings and landscaping are well planned to take advantage of the site without intruding on the privacy of neighboring property. Conclusion: Therefore, the Board finds that the project design is consistent with the intent of the Design Review Guidelines. 3) The project design will not adversely affect the health, safety, or general welfare of the community. Facts: The project design is consistent with new homes being built within the Olivenhain community. Discussion: All utility services are available or can be extended to the site. Staff can find no evidence to indicate that the project design would adversely affect the health, safety, or general welfare of the community. Conclusion: Therefore, the Olivenhain Board finds that the project design will not adversely affect the health, safety or general welfare of the Olivenhain Community. cd\cro\a:\sr94154.o11(O9-28-94) 4) The project will not. tend to cause the surrounding neighborhood to depreciate materially in appearance or value. . Facts: The project design tends to be compatible with the style of single family residences constructed within the neighborhood. Discussion: staff can find no evidence to indicate that the project would materially depreciate the appearance or value of the neighborhood. Conclusion: Therefore, the Board finds that the project will not adversely depreciate the appearance or value of the immediate neighborhood or the Olivenhain Community. 5) The portions of the buildings on Lots 1, 3, 5, 6, 7, 9 and 10 outside of the Standard Height envelope maintain 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 "Plan 2" structures proposed on Lots 1, 3 and 10 measure 27 feet 6 inches to the ridge line and 29 feet 6 inches to the top of the chimney from the existing building pads. The height on Lot 10, when measured from the former natural grade, is shown to be the higher of the three lots at 29 feet 0 inches which does not exceed the General Plan height limitation of 30 feet. The "Plan 3" structures on Lots 5, 6, 7 and 9 measure 29 feet to the ridge line from the building pad and 30 feet to the former natural grade on Lot 6 which is the higher of the four lots. . Discussion: The square footage of the proposed structures are compatible with other detached single family residences within the Olivenhain community. The previously approved Design Review Permit allowed the two building plans to be at a height of 28 and 30 feet above the finished pads. . The current application proposes Plan 1 to be below the standard 26-foot height at 23 feet 6 inches. Plan 2 is proposed to be at a height of 27 feet 6 inches and Plan 3 is proposed to be 29 feet 6 inches in height. Since the finished pads within the subdivision are lower in relative height to any adjacent property to the north and west, existing views through he site are not anticipated to be significantly impacted. In addition, the bulk and mass of the proposed structures are smaller in relation to the previously approved structural designs and with existing structures within the neighborhood. Conclusion: Therefore, the Olivenhain Board finds that the portions of the structures on Lots 1, 3, 5, 6, 7, 9 and 10 outside of the Standard Height envelope maintain 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. cd\cro\a:\sr94154.o11(O9-28-94)