1994-06
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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,
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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:
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(3)
(4)
(5)
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(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
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(7)
(8)
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(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:
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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
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F.
G.
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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
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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.
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(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.
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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
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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.
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4) The project will not. tend to cause the surrounding
neighborhood to depreciate materially in appearance or value.
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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.
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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.
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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.
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