1990-28
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RESOLUTION NO.
OL-90-28
A RESOLUTION OF THE OLIVENHAIN
COMMUNITY ADVISORY BOARD APPROVING A DESIGN REVIEW
PERMIT FOR 1 SINGLE FAMILY DWELLING UNIT
TO EXCEED THE 26' HEIGHT LIMIT FOR A PITCHED ROOF
ON A PORTION OF THE STRUCTURE AND CERTIFYING THE NEGATIVE
DECLARATION FOR GRADING (90-144 DR/EIA) FOR PROPERTY BEING
PARCEL 1 OF MAP 8911, COUNTY OF SAN DIEGO.
(COMMONLY KNOWN AS 247 AVENIDA ESPERANZA, ENCINITAS)
WHEREAS, Doal and Akiko Miller, applied for a Design
Review
permit for construction of one single family dwelling unit te
exceed the allowed 26' height limit for a pitched roof by 3 1/2'
fer a total of 29 1/2' on one portion of the structure, as required
by Chapter 23.08, the city of Encinitas Design Review Ordinance,
and
section
30.16.010,B,7
of
the
zoning;
and
applied
fer
Environmental Review for grading; and
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WHEREAS, a public hearing was conducted on the application
by the Olivenhain Community Advisory Board on August 7, 1990, and
all persons desiring to be heard were heard; and
WHEREAS,
evidence was submitted and considered te include
without limitation:
d.
Site plan and grading plan submitted by the applicant
dated June 13, 1990;
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 (90-144 DR/EIA) dated August 3, 1990
which is on file in the office of Planning and community
Development; and
Additional written documentation.
a.
b.
c.
e.
NOW THEREFORE, BE IT RESOLVED by the Olivenhain Community
Advisory Beard of the City of Encini tas that the Design Review
Permit is hereby approved and the Negative Declaration is hereby
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JO/04/CRO7-623wp5 (12-3-90/2)
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certified subject to the follewing findings:
A.
The portion of the building outside .of the standard
envelope maintains the significant views enjoyed by
residents of nearby properties. The lot is on a seuth
facing slope and is located near the top portion of the
slope. The view orientation is downward to the
southwest. Homes and lots located down further from the
Miller lot on the south facing slope do not have views
in the direction of the proposed Miller residence because
of their perspective of an upward slope. Lush vegetation
comprised of mature bushes and trees along the northern
and western property lines of the site act as a buffer
for any view infringement.
B.
The building is compatible in bulk and mass with
buildings on neighboring properties, since the square
footage of living area is compatible wi th homes in
Olivenhain and the immediate neighborhood along via Del
Cerrito and Avenida Esperanza. Also, the existing newer
house adjacent to the site on the south side is of the
same bulk and mass as the prepesed Miller residence.
BE IT ALSO RESOLVED, that the Design Review Permit is approved
with the following conditions:
1.
The project is approved as submitted on the elevations
and site plans dated June 13, 1990, on file in the
Department of Planning and community Development, and
shall not be altered without community Advisory Beard
review and approval.
2.
Prior to the city Building Department issuing a final
inspection on framing, the applicant shall provide te 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.
3.
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 censtruction workers'
vehicles and any heavy equipment needed for the
construction of the project.
4.
Prior to final approval, the applicant shall submit a
letter from the Fire District stating that all
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JO/04/CRO7-623wp5 (12-3-90/2)
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development impact, plan check and/or cost recovery fees
have been paid or secured to the satisfaction of the
District.
5.
structures shall be protected by automatic fire sprinkler
systems. sprinkler systems shall be installed to the
satisfaction of the Encinitas Fire protection District.
Address numbers shall be clearly visible from the street
fronting the structure. Where structures are located off
a roadway on long driveways, a monument shall be placed
at the entrance where the driveway intersects the main
roadway. Permanent address numbers shall be displayed
on this monument.
6.
7.
The areas that are presently existing with native
vegetation shall remain native and not be graded,
disturbed or re-landscaped in formal landscaping.
PASSED AND ADOPTED this 7th day of August,
1990,
fellowing vote, to wit:
AYES:
Board Members DuVivier, Wiegand and Johnson
NAYS:
None
ABSENT:
Board
ABSTAIN:
None
CHUCK D IV ER, Chairman of
the Olivenhain Community
Advisory Board
ATTEST:
,¿l1¿ <' /
~'1it1t? ,-::J.i ')
I DA S. NILES,
Asseciate Planne
JO/04/CRO7-623wp5 (12-3-90/2)
by the
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