1995-03
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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.
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7.
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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)
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B.
4.
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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.
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PASSED AND ADOPTED this 2nd day of May, 1995, by the following vote, to wit:
. A YES:
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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)
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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)
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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)