1989-13
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RESOLUTION NO.
OL-89-013
A RESOLUTION OF THE OLIVENHAIN
COMMUNITY ADVISORY BOARD APPROVING A VARIANCE & DESIGN REVIEW
PERMIT FOR 4 LOTS AND NEGATIVE DECLARATION FOR GRADING
(89-001-EIA & 89-022-V/DR) FOR PROPERTY BEING
THAT PORTION OF LOTS 81 AND 81A, COLONY OLIVENHAIN
MAP 326, AND THOSE PORTIONS OF "A"
AND "B" STREETS, AS DESCRIBED IN
ATTACHMENT "A"
COUNTY OF SAN DIEGO, CITY OF ENCINITAS
WHEREAS,
Steve Robins,
applied for a Variance and Design
Review permit for construction of 4 single family dwelling units
and Environmental Review for the grading of 4 lots as required by
Chapter 23.08, the City of Encinitas Design Review Ordinance and
the California Environmental Quality Act for property being that
portion of Lots 81 and 81A, colony Olivenhain, Map 326, and those
portions of "A" and "B" Streets, as described in Attachment "A",
County of San Diego, City of Encinitas; and
WHEREAS, public hearings were conducted on the application
by the Olivenhain Community Advisory Board on May 2, and June 6,
1989 and the public hearing was closed and continued for review of
the final resolution of approval to the meeting of June 20, 1989,
and all persons desiring to be heard were heard; and
WHEREAS,
evidence was submitted and considered to include
without limitation:
a.
site plan of all four lots dated January 1,1989; grading
plan dated CAB approved June 20, 1989; Lot 1 floor plans
(2 sheets) and elevations (2 sheets) dated January 1,
1989; Lot 2 floor plans (2 sheets) and elevations (2
sheets) dated March 21, 1989; Lot 3 floor plans (2
sheets) and elevations (2 sheets) dated March 20, 1989;
and Lot 4 floor plans (1 sheet labeled sheet 3) and
elevations (1 sheet labeled sheet 7) dated received by
the City on March 20, 1989, submitted by the applicant;
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b.
written information submitted with the application;
Oral testimony from staff, applicant, and public made a
part of the record at said public hearing;
CAB staff reports (89-001-EIA & 89-022-V/DR) dated April
27, May 23, and June 13, 1989 which are on file in the
office of Planning and Community Development; and
Additional written documentation.
c.
d.
e.
NOW THEREFORE,
BE IT RESOLVED by the Olivenhain Community
Advisory Board of the city of Encinitas that the Variance and
Design Review Permit for 89-022-V/DR for 4 single family lots and
certification of the Negative Declaration for 89-001-EIA, grading
for
single
family
is
approved
subject
to
the
4
lots
hereby
following findings:
1.
That the proposed proj ect is in conformance with section
23.08.72 of the Design Review Ordinance, since the
project is consistent with the existing General Plan in
land use allowing two dwelling units per acre and all
utilities are available to the site;
2.
That the proposed project is in conformance with Section
23.08.74 of the Design Review Ordinance, since the
project has reduced the grading to prevent excessively
high graded slopes, provided for houses to be located as
far away from Rancho Santa Fe Road as possible for noise
attenuation purposes, and reduced the overall amount of
grading to maintain a similar slope to the site as exists
presently;
3.
That the proposed project is in conformance with section
23.08.76 of the Design Review Ordinance, since the
exterior materials for the project have been coordinated
to be compatible with each other and the surrounding
area, and the proposed structures are compatible with the
size and scale of other single family structures in the
surrounding neighborhoods and they will be of similar
heights, and it has been shown through photographic
evidence at the public hearing that the house on lot
three with the chimney above the 26' height limit is not
significantly blocking any of the surrounding property
views;
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4.
5.
That the proposed project is in conformance with section
23.08.077 of the Design Review Ordinance, since the
landscaping proposed will help create privacy for the
individual lots, some draught tolerant planting is being
utilized, graded slopes will be planted to minimize
erosion, noise attenuation planting and walls are
proposed that blend in with the character of the
neighborhood, and entry wall and archway features are
included that are compatible with the project design; and
That the impact of the proposed development on the site
and the surrounding area is being mitigated by measures
that have been designed into the project.
BE IT ALSO RESOLVED, by the Olivenhain community Advisory
Board of the city of Encinitas that 89-001-EIA and 89-022-V/DR are
approved subject to the following additional findings:
A.
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The applicant's property on Lots 1,2 and 3 is physically
special and unique in contrast with other lots in the
same vicinity, since Lot 1 is of an unusual triangular
size and shape and has a limited buildable area; and Lots
2 and 3 are located on access roadways and the topography
slopes dramatically down at odd angles from the access
roadways, leaving little area to construct single family
residences without requiring considerably more grading
and disruption to the sites than is presently proposed.
Additionally, on Lot 3, the setback width proposed on-
site of 25' from property line, the access roadway widths
of 20' and 20' side by side, and the setback width of 25'
on the adjacent property creates an adequate separation
for the single family dwelling lots on the adj acent
properties.
B.
The privilege sought by the applicant is consistent with
the limitation upon other properties in the vicinity, and
is being enjoyed by owners of property of a more regular
shape and without the restrictions of the natural slope
of the property which dictate a smaller buildable area,
and the topography as shown on the Tentative Parcel Map
87-008-TPM dated July 9, 1987 and the grading plan dated
January 1, 1989 on file in the office of Planning and
Community Development, document that the lot has
considerable slope, and the grading plan is proposed to
minimize grading on-site.
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C.
D.
The granting of this Variance would not authorize a use
that is not expressly authorized by the zoning
regulations, since single family dwelling units are
allowed in the zone.
The granting of this Variance would not grant a privilege
not enjoyed by other property in the vicinity, since no
alternate plan that would be of less signigicant impact
to the site and adj acent properties in regard to the
grading impacts could be utilized for this size dwelling
unit; the situation was not self induced since the
topography existed and .5 acre lots are allowed in the
zone; the request would not constitute a rezoning since
the number of dwellings units is proposed to be
consistent with the approved Tentative Parcel Map 87-008-
TPM; and would not authorize a public nuisance, since
single family uses are allowed in the zone.
BE IT FURTHER RESOLVED, that the Variance and Design Review
Permits are approved with the following conditions:
A.
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The project is approved as submitted on the site plan of
all four lots dated January 1, 1989; grading plan dated
CAB approved June 20, 1989; Lot 1 floor plans (2 sheets)
and elevations (2 sheets) dated January 1, 1989; Lot 2
floor plans (2 sheets) and elevations (2 sheets) dated
March 21, 1989; Lot 3 floor plans (2 sheets) and
elevations (2 sheets) dated March 20, 1989; and Lot 4
floor plans (1 sheet labeled sheet 3) and elevations (1
sheet labeled sheet 7) dated received by the City on
March 20, 1989, which are on file in the Department of
Planning and Community Development, and shall not be
altered without Community Advisory Board review and
approval.
B.
Prior to the City Building Department issuing a final
inspection on framing, the applicant shall provide to the
Department of Planning and community Development a survey
from a civil Engineer as to the building height in
conformance with this Design Review approval.
c.
That a plan be submitted for approval by the Director of
Planning and Community Development, the City Engineer,
and the Encinitas Fire Protection District regarding the
treatment of the site during the construction phase, and
the circulation and parking of construction workers'
vehicles and any heavy equipment needed for the
construction of the project.
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D.
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That the landscape plan is approved as submitted on the
plans dated February 24 ~ 1989, on file in the Department
of Planning and Community Development, and shall not be
altered without community Advisory Board review and
approval, and that the planting outside the noise
attenuation walls not be a disiduous type plant.
That Design Review as required in Chapter 23.08 of the
Municipal Code for all fences 4' and over in height on
the individual lots and any changes to fences shown on
the approved landscape plan dated February 24, 1989 or
elevation plans for Lot 1 dated January 1, 1989; Lot 2
elevations dated March 21, 1989; Lot 3 elevations dated
March 20, 1989; and Lot 4 elevations dated received by
the City on March 20,1989 shall be processed through the
Administrative Design Review process rather than through
Design Review at the community Advisory Board level.
This is intended to allow staff to process the Design
Review permit administratively to include the required
public notice, and to allow staff to review the fences
for compatibility with the existing Design Review permit
for the project.
F.
That the individual property owners be informed by the
developer prior to close of escrow that they may design
their own fence plans and they are not obligated to use
fence plans proposed by the developer. A "Notification
of Requirements for Fence and Wall Review" shall be given
to the prospective property owners regarding the
requirements for Administrative Design Review of all
fences 4' and over in height and a copy of the
"Notification of Requirements for Fence and Wall Review"
shall be submitted to the Department of Planning and
Community Development for review and approval prior to
issuance to the propsective property owners.
G.
All mitigation measures setforth in the Negative
Declaration dated June 20, 1989 shall be conditions of
approval and will be monitored and reported on in
accordance with the Mitigation Monitoring and Reporting
Program as designated in Attachment "A".
H.
That the applicant submit a maintenance program for staff
review and approval to prevent erosion and maintain
upkeep of the manufactured 2:1 slopes along Rancho Santa
Fe Road.
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I.
J.
K.
That the landscaping hardscape walls are approved to be
in conformance with section 13.16.010,G of the City of
Encinitas Zoning Code for heights of fences and'walls in
required setback areas.
That the color schemes are approved as submitted.
That the houses are approved with only a portion of the
chimney on Lot 3 exceeding the 26' height limit, and all
portions of the other three structures at or below the
26' height limit as measured from the approved pads
set forth on the grading plan dated CAB approved June 20,
1989 and on file in the Department of Planning and
community Development.
L.
That all signing be reviewed through the Design Review
process at the community Advisory Board.
M.
That there be a condition in the subdivision CC&R's that
prohibits high intensity lighting (such as, but not
limited to tennis court lighting, and outdoor security
lighting or landscape lighting systems) in conformance
with the dark skies policy in Olivenhain, and that an
additional condition be required in the CC&R's allowing
for animals on the individual lots as setforth in the
city of Encinitas Zoning Ordinance, Chapter 30.55, and
Chapter 30.16.
N.
That any proposal for a joint driveway to accommodate
access to properties on the adjacent parcel or parcels
to the east of the subj ect site are encouraged if an
adequate procedure for accomplishing the joint driveway
is submitted to the satisfaction of the City Engineer for
review and approval.
O.
That the walls along Rancho Santa Fe Road at the top of
the slopes are approved as submitted on the plans on file
in the office of Planning and community Development and
shall not be removed unless reviewed through the Design
Review process at the Community Advisory Board level.
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PASSED AND ADOPTED
this 20th day of June,
following vote, to wit:
AYES:
Boardmembers Trujillo, Perkins and Stumpf
NAYS:
None
ABSENT:
Boardmembers Johnson and DuVivier
ABSTAIN:
None
~~
JOSErn STUMPF, Ch . man of
the Olivenhain Community
Advisory Board
ATTEST:
LI DA S. NILES,
Associate Plann r
LN/CAB11e-092wp (6-13-89)
1989,
by the
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