1989-14
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RESOLUTION NO.
OL-89-014
A RESOLUTION OF THE OLIVENHAIN
COMMUNITY ADVISORY BOARD APPROVING A DESIGN REVIEW
PERMIT FOR 1 SINGLE FAMILY DWELLING UNIT
TO EXCEED THE 22' HEIGHT LIMIT FOR A FLAT ROOF
FOR A PORTION OF THE ROOF
(89-141-DR) FOR PROPERTY BEING
LOT 26, TRACT 3494-1, COUNTY OF SAN DIEGO,
MAP 9051
(COMMONLY KNOWN AS 1173 RANCHO ENCINITAS DRIVE, ENCINITAS)
WHEREAS, craig and Cathy Small, applied for a Design
Review
permit for construction of one single family dwelling unit to
exceed the allowed 22' height limit for a flat roof by 4' for one
one portion of the roof, as required by Chapter 23.08, the City of
Encinitas Design Review Ordinance, and section 30.16.010,B,7 of the
Zoning; and
WHEREAS, a public hearing was conducted on the application
by the Olivenhain Community Advisory Board on September 5,1989 and
all persons desiring to be heard were heard; and
WHEREAS,
evidence was submitted and considered to include
without limitation:
a.
b.
site plan and grading plan submitted by the applicant;
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 report (89-141-DR) dated August 24, 1989 which
is 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 Design Review
Permit is hereby approved subject to the following findings:
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A.
The portion of the building outside of the standard
envelope maintains some of the significant views enjoyed
by residents of nearby properties, since the lot slopes
down from the northwest corner of the lot to the
southeast corner of the lot and the height of the
structure measured from the natural grade is a maximum
of 26' for any portion of the structure. The structure
is below the allowed 16' above the high side of the lot
at the property line for all portions of the structure.
Additionally, the lots to the north and northwest of the
si te are higher than the proposed structure and it
appears upon site inspection, and documentation on the
site profile that views will not be significantly
blocked.
B.
The building is compatible in bulk and mass with
buildings on neighboring properties, since the square
footage of living area is similar to other newer homes
in this subdivision, and the design of the structure is
offering substantial facade plane off-set and roof plane
off-set which provides the appearance of less bulk and
mass from the street.
with the following conditions:
BE IT ALSO RESOLVED, that the Design Review Permit is approved
2.
3.
4.
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1.
The project is approved as submitted on the elevations
and site plans dated August 24, 1989, on file in the
Department of Planning and Community Development, and
shall not be altered without Community Advisory Board
review and approval.
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.
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.
Prior to final approval, the applicant shall submit a
letter from the Fire District stating that all
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5.
development impact, plan check and/or cost recovery fees
have been paid or secured to the satisfaction of the
District.
structures shall be protected by automatic fire sprinkler
systems. Sprinkler systems shall be installed to the
satisfaction of the Encinitas Fire Protection District.
Grading Conditions
6. The developer shall obtain a grading permit prior to the
commencement of any clearing or grading of the site.
7.
8.
.
9.
10.
11.
The grading for this project is defined in Chapter 23.24
of the Encinitas Municipal Code. Grading shall be
performed under the observation of a civil engineer whose
responsibility it shall be to coordinate site inspection
and testing to ensure compliance of the work with the
approved grading plan, submit required reports to the
City Engineer and verify compliance with Chapter 23.24
of the Encinitas Municipal Code.
No grading shall occur outside the limits of the
(SUBDIVISION/PROJECT) unless a letter of permission is
obtained from the owners of the affected properties.
All slopes within this project shall be no steeper than
2: 1.
A soils/geological/hydraulic report (as applicable) shall
be prepared by a qualified engineer licensed by the state
of California to perform such work at first submittal of
a grading plan.
Prior to hauling dirt or construction materials to any
proposed construction site within this project the
developer shall submit to and receive approval from the
ci ty Engineer for the proposed haul route. The developer
shall comply with all conditions and requirements the
City Engineer may impose with regards to the hauling
operation.
Drainaqe Conditions:
12.
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The developer shall exercise special care during the
construction phase of this project to prevent any offsite
siltation. The developer shall provide erosion control
measures and shall construct temporary
desiltation/detention basins of type, size and location
as approved by the City Engineer. The basins and erosion
control measures shall be shown and specified on the
grading plan and shall be constructed to the satisfaction
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13.
14.
.
14.
15.
of the City Engineer prior to the start of any other
grading operations. Prior to the removal of any basins
or facilities so constructed the area served shall be
protected by additional drainage facilities, slope
erosion control measures and other methods required or
approved by the City Engineer. The developer shall
maintain the temporary basins and erosion control
measures for a period of time satisfactory to the City
Engineer and shall guarantee their maintenance and
satisfactory performance through cash deposit and bonding
in amounts and types suitable to the City Engineer.
A drainage system capable of handling and disposing of
all surface water originating within the subdivision, and
all surface waters that may flow onto the subdivision
from adjacent lands, shall be required. Said drainage
system shall include any easements and structures as
required by the City Engineer to properly handle the
drainage.
The developer shall pay the current local drainage area
fee prior to approval of the final map for this project
or shall construct drainage systems in conformance with
the Master Drainage Plan and city of Encinitas Standards
as required by the City Engineer.
The owner of the subject property shall execute a hold
harmless covenant regarding drainage across the adjacent
property prior to approval of (THE FINAL MAP/ANY GRADING
OR BUILDING PERMIT) for this project.
Concentrated flows across driveways and/or sidewalks
shall not be permitted.
street Conditions
16.
17.
18.
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An Irrevocable Offer of Dedication (1.0.D.) shall be made
for 2.0 feet along Rancho Encinitas Drive adjacent to the
property for public right-of-way purposes.
Prior to any work being performed in the public right-
of-way, a right-of-way construction permit shall be
obtained from the Public Works office and appropriate
fees paid, in addition to any other permits required.
Developer shall execute and record a covenant with the
County Recorder agreeing not to oppose the formation of
an assessment district to fund the installation of right-
of-way improvements.
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utilities
19.
20.
21.
22.
23.
The developer shall comply with all the rules,
regulations and design requirements of the respective
sewer and water agencies regarding services to the
project.
The Subdivider shall provide separate sewer, water, gas,
and electric services with meters to each of the units.
The developer shall be responsible for coordination with
S.D.G. & E., Pacific Telephone, and Cable TV authorities.
All proposed utilities within the project shall be
installed underground including existing utilities unless
exempt by the Municipal Code.
The developer shall be responsible for the relocation and
undergrounding of existing public utilities, as required.
PASSED AND ADOPTED
this 5th day of September, 1989, by the
following vote, to wit:
AYES:
NAYS:
ABSENT:
ABSTAIN:
ATTEST:
Boardmembers Stumpf, Trujillo, Perkins, Johnson
None
Boardmember DuVivier
None
~~ .
JOSEPH STUMPF, halrman of
the Olivenhain Community
Advisory Board
~d ~¥t
( .~ifzu u ,,[j ¿1
LI A S. NILES,
Associate Planner
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