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1995-03 . . . RESOLUTION NO. OL-9S-03 A RESOLUTION OF THE OLIVENHAIN COMMUNITY ADVISORY BOARD APPROVING A DESIGN REVIEW MODIFICATION REQUEST TO ALWW THE CONSTRUCTION OF FOUR SINGLE FAMILY DWELLINGS AND FOR THREE OF TIlE DWELLINGS TO EXCEED TIlE 26-FOOT STANDARD HEIGHT ENVEWPE WITHIN TIlE STRATFORD ESTATES SUBDIVISION FOR PROPERTY WCATED AT 2801,2802 AND 2808 SANTA FE COURT AND 2772 WNE JACK ROAD (CASE NUMBER: 95-085 DR-MOD; APN: 264-152-57, 76, 77 and 83) WHEREAS, an application for consideration of a Design Review Permit Modification request was filed by Patrick McGuire / Patrick Henry Development to allow for the construction of four single family residential dwellings within the nine residential lot "Stratford Estates" subdivision and for three of the four dwellings to exceed the 26-foot standard height envelope to a maximum of 29 feet (Municipal Code Chapter 23.08 and Section 30. 16.01OB 7d.) for property located at 2801, 2802 and 2808 Santa Fe Court and 2772 Lone Jack Road, and legally described as; LOTS 1, 2, 7 AND 9 OF CITY OF ENCINITAS TRACT NO. 88-209, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12868, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON SEPTEMBER 30,1991. WHEREAS, a public hearing was conducted on the application request by the Olivenhain Community Advisory Board on May 2, 1995 and all those desiring to speak, did speak; and WHEREAS, the Olivenhain Community Advisory Board considered, without limitation: 1. The Agenda Report for the May 2, 1995 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; 4. Written evidence submitted with the application and at the public hearing; and 5. The application, plans and supporting material dated received by the City on April 14, 1995. Said plans consisting of ten sheet of the Site Plan, the Floor Plans and the Elevation Plans for the four different single family residences. WHEREAS, the Olivenhain Community Advisory Board made the following findings pursuant to Chapter 23.08 and Section 30. 16.01OB 7d of the Encinitas Municipal (Zoning) Code: (SEE EXHIBIT" A ") cdlcrola: Il/sr95085.oIl(5-2-95) NOW, TIIEREFORE, BE IT RESOLVED by the Olivenhain Community Advisory Board of the City of Encinitas that application 95-085 DR-MOD is hereby approved subject to the following conditions: . A. . 7. . COMMUNITY DEVEWPMENT DEPARTMENT: The developer shall contact the Community Development Department regarding compliance with the following conditions: 1. The project is approved as submitted and evidenced by plans dated received by the City on April 14, 1995 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 approval shall be valid for two years from the effective date of the permit (to May 2, 1997), during which time construction of the approved single family residences shall be pursued in conformance with the Uniform Building Code to the satisfaction of the Community Development Director; or as the effective period may be extended pursuant to the Municipal Code. 4. Prior to inspection approval of the framing for the structures on Lots 1, 7 and 9, the Building Inspector shall require the developer to provide a Height Certification in a form acceptable to the Community Development Director to verify that the structures do not exceed the heights specified on the plans approved by this Resolution. 5. For new structures, 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, Water and Sewer Service Fees (if applicable), Traffic Impact Fees, School Impact Fees, Park and Recreation Impact Fees, and Drainage Impact 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 Building Permit inspection approval. This requirement was specified on the Tentative Map and is re-stated since fees are assessed during Building Permit Plancheck review. 6. Consistent with the Condition of Approval of Tentative Map 88-209 (Resolution PC-89- 15, Condition 6F), the property owner has dedicated Lot 11 to the City of Encinitas for recreational purposes. Future recreational improvements on Lot 11 shall be consistent with the Recreational Trail easement over Lots 10 and 11. Prior to Final Occupancy of the ninth residential structure within this subdivision, the developer shall provide proof that the recreational improvements on Lot 11 have been secured to the satisfaction of the Community Development Director and the City Engineer. 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 maintained 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. All landscaping and irrigation systems shall be maintained in a manner that will not depreciate adjacent property values and otherwise adversely affect adjacent properties. ed/erola: 11/81'95085.011 (5-2-95) . B. 4. . 5. C. 8. 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 or shall be shielded and directed to a particular subject within the subdivision. FIRE PROTECTION DISTRICT: The developer shall contact the Fire Prevention Bureau regarding compliance to the following conditions: 1. 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 surface for emergency vehicles. Said access shall be maintained to the satisfaction of the Fire 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 the numbers shall conform to Fire District standards. 3. AUTOMATIC FIRE SPRINKLER SYSTEM: Structures shall be protected by automatic fire sprinkler systems installed to the satisfaction of the Fire Protection District and Municipal Code standards. 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 installed in the addition and shall be inspected by the Fire District prior to Final Occupancy. BUILDING DIVISION: The developer shall contact the Building Division regarding compliance to the following conditions: A Building Permit is required for this project. The developer shall submit plans and specifications to the Building Division for a complete plancheck review. Contact the Building Division if there are any questions concerning the plancheck submittal. BE IT FURTIlER RESOLVED by the Olivenhain Community Advisory Board of the City of Encinitas that: A Negative Declaration was adopted for this project on April 25, 1989 in conformance with CEQA Guidelines and a Mitigation Monitoring and Reporting Program was made a part of the Tentative Map approval related to the grading requirements for this 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. . cdlcrola: 1118r95O85.oIl (5-2-95) PASSED AND ADOPTED this 2nd day of May, 1995, by the following vote, to wit: . A YES: . . Bode, McGeegor, Tutoli, Robertson, Jordan NAYS: None ABSENT: None ABSTAIN: None ..~ /"i , Scott M? Jordan, Vjce-Chairman Olivenhain Conim<Ínity Advisory Board City of Encinitas ATTEST: ~~ e .c(2~ Craig R. Olson, Assistant Planner cdlcrola: 11111'95085.011 (5-2-95) . . . EXHmIT "A" Resolution OL-9S-03 Fmdings for Design Review Approval Pursuant to Section 23.08.072 and Section 30.16.010B 7d of the Municipal Code 1) The project design is consistent with the General Plan, or Specific Plan and the provisions of the Municipal Code. &tts: 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 submitted project which does not comply with Zoning Code standards, General Plan Policies or the requirements of the Tentative Subdivision Map approval. The project modifies a previously approved Design Review Permit (92-032) and all landscaping, sound attenuation walls, grading, and on- and off-site public improvements have been substantially completed. The subject project will complete the four remaining single family residential dwellings and remaining improvements within the subdivision. The re-designed structures are smaller in square footage than the previously approved structures except for the two story structure that replaces the one story design on Lot 9. All other aspects of the project, including the placement of the structures on the lots, substantially conform with the previously approved Design Review approval. Conclusion: Therefore, the Olivenhain Community Advisory Board finds 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 Tentative Map approval. 2) The project design is substantially consistent with the Design Review Guidelines. lam: 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. The structures are situated to provide privacy and security and landscaping improvements will be completed for the subdivision as a result of this project. 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. &tts: The project design is consistent with new homes being built within the Olivenhain community . cdIcrola:ll/sI95085.ol1(5-2-9S) . . . 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. 4) The project will not tend to cause the surrounding neighborhood to depreciate materially in appearance or value. lam: 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 or the Olivenhain community. 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 proposed on Lots 1, 7 and 9 which are outside of the Standard Height Envelope of 26-feet will not impact views enjoyed by residents of nearby properties. The buildings are compatible in bulk and mass with buildings on neighboring properties. futs: The structures proposed on Lots 1, 7 and 9 measure no more than 29 feet to the ridge line from the existing building pads. Discussion: The project is consistent with the requirement of the Tentative Map that single story structures be constructed on Lots 2, 3, 4 and 5 to avoid silhouetting against the ridge line to the west of the subdivision. The two story structures on the remaining lots will not impact any views from nearby residences since the topography of the site prevents structures with views through the remaining lots from being built. In addition, the bulk and mass of the proposed structures are smaller in relation to the previously approved structural designs; with the exception of the two story structure on Lot 9 which is of a size compatible with other two story structures in the area. Existing structures within the neighborhood tend to exceed the 2,287 to 3,336 square footage range of the residences proposed by this project. Conclusion: Therefore, the Olivenhain Board finds that the portions of the structures on Lots 1, 7 and 9 outside of the standard height envelope would not impacts views enjoyed by adjacent residents and the proposed structures are compatible in bulk and mass with buildings on neighboring properties. cdlcrola: 111.195085 .011(5-2-95)