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1989-13 8 . 8 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; LN/CAB11e-092wp (6-13-89) 8 8 8 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; LN/CAB11e-092wp (6-13-89) 8 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. 8 8 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. LN/CAB11e-092wp (6-13-89) . 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. 8 8 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. LN/CAB11e-092wp (6-13-89) 8 D. E. . 8 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. LN/CAB11e-092wp (6-13-89) . 8 8 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. LN/CAB11e-092Wþ (6-13-89) 8 . 8 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 -