1990-30
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RESOLUTION NO. OL-90-30
A RESOLUTION OF THE OLIVENBAIN
COKNUNITY ADVISORY BOARD APPROVING A DESIGN REVIEW
PERXIT FOR 11 SINGLB FAMILY HOUSES AND A
VARIANCE FOR FRONT XONUKENT WALLS
FOR PROPERTY LOCATED ON THE WEST SIDB OF MANCHESTER AVENUE,
450' SOUTH OF ENCINITAS BOULEVARD
(CASB NO.: 90-064 DR/V)
WHEREAS, Reeder Development applied for a Design Review permit
for 11 single family homes and a Variance to exceed 6' in height
for front monument walls for property located on the west side of
Manchester Avenue, 450' south of Encinitas Boulevard and legally
described as:
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Parcel 1 of Parcel Map No. 9729, in the City of Encinitas,
'County of San Diego, State of California, as filed in the
Off ice of the County Recorder of said San Diego County,
February 22, 1980.
WHEREAS, A public hearing was conducted on the application by
the Olivenhain Community Advisory Board on May 22, 1990 and June
19, 1990 and all persons desiring to be heard were heard; and
WHEREAS, evidence was submitted and considered to include
without limitation:
a.
Plans submitted with the application and dated received
by the City on March 22,1990 and revised per the Board's
approval;
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 dated May 22, 1990 and June 19, 1990
which are on file in the office of Planning and Community
Development; and
Additional written documentation.
b.
c.
d.
e.
NOW THEREFORE, BE IT RESOLVED by the Olivenhain Community
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Advisory Board of the City of Encini tas that the Design Review
Permit and Variance for Case,#90-064 DR/V is hereby approved in
accordance with the following findings:
JO/03/CROI1-894wp511(3/5/92-1)
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7.
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Desiqn Review Findings
1.
That the projection out of the building envelope for Plans 1
and 2 do not significantly impact the views of adjacent
properties, in that the project takes advantage of views while
maintaining the significant views enjoyed by residents of
nearby properties, since the topography of the site,
maintenance of the amount of the vegetation for the site, and
the design of the homes does not significantly block any more
of the view than is presently blocked;
That the project is compatible in structural size (bulk and
mass) to adjacent properties and neighborhood, since they are
of similar size, and are compatible in architectural style
with the neighboring properties;
2.
3.
That the proposed project 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 requiring that care be given
to minimal grading and significant environmental features are
being retained and all utilities are available to the site;
That the proposed project is in conformance with Section
23.08.74 of the Design Review Ordinance, since the project has
reduced the overall amount of grading to retain as much of the
site in its natural state as possible;
4.
5.
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;
That the proposed project
23.08.077 of the Design
landscaping proposed will
individual lots, and drought
being utilized; and
is in conformance with Section
Review Ordinance, since the
help create privacy for the
tolerant and native planting is
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 that are minimal grading,
landscaping, and house designs that retain the significant
views for the surrounding properties.
JO/03/CROII-894wp512(3/5/92-1)
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5.
6.
7.
Variance Findings
1.
The proposed design of the monument walls is not detrimental
to the surrounding area and does not interfere with sight
distances along the roadway. No comments have been received
from the neighboring property owners in opposition to the
fence. Landscaping will help mitigate the presence of the
monument walls.
2.
The granting of this variance would not constitute the
granting of special privileges inconsistent with limi~ations
upon other properties in the vicinity and zone in which the
property is located because a substantial body of evidence has
been submitted showing that there are a considerable number of
6' high or taller fences and walls located in this area along
Rancho Santa Fe Road, E street and Lone Jack Road.
3.
The granting of this variance would not authorize a use or
activity not expressly authorized by the zoning regulations
governing this property since the use of the monument walls is
for a single family home development which is consistent with
the zone.
4.
The monument walls are needed in the proposed location along
the frontal area of Rancho Santa Fe Road. In order to make
the monument walls a lesser height than over 6' solid, so as
not to need a variance, it would mean that the monument wall
would not reduce the noise from passing traff ic on Rancho
Santa Fe Road and mean less privacy for the homeowners of the
development. The monument walls allow more flexibility in the
front yard area and added security.
The need for the variance is not self-induced since the
roadway has existed in its present location as a heavily
traveled east/west connection, and the lots were created prior
to the applicant's purchase of the property.
The granting of the variance would only be for a single family
home development as currently allowed in the RR-2 Zone and
would not, therefore, constitute a rezoning.
There are currently no private or public nuisances on the site
which the zoning would legalize or authorize.
BE IT FURTHER RESOLVED, that the Design Review Permit and
Variance Request are approved subject to compliance with the
following conditions:
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JO/03/CROll-894wp513(3/5/92-1)
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1.
The project is approved as described on the plans received by
the City on March 22, 1990 and revised for the Board's
approval, and shall not be altered without Community Advisory
Board action or as provided by Municipal Code.
2.
A plan shall 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 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.
3.
4.
Fire Prevention District:
Fire Prevention District
following conditions:
The applicant shall contact the
to assure compliance with the
a.
The unobstructed width of a fire access roadway shall be
not less than 24 feet. EXCEPTION: A fire access roadway
providing access to only on single family dwelling shall
be not less than 16 feet in paved width.
b.
Turnarounds: All dead-end fire access roads in excess of
150 feet in length shall be provided with a cul-de-sac or
equivalent turning area satisfactory to the Fire Chief.
The minimum radius of a cul-de-sac shall not be less than
40 feet.
c.
Grade: The gradient for a fire apparatus access roadway
shall not exceed 20.0%. The angle of departure and
approach shall not exceed the maximum approved by the
Chief.
d.
Gates: All automatic gates across fire access roadways
shall be equipped with approved emergency key operated
switches overriding all command functions and opening the
gate. Gates accessing more than three residences or
residential lots shall also be equipped with approved
emergency traffic control activating strobe sensor(s),
which will activate the gate on the approach of emergency
apparatus. All automatic gates must meet Fire Department
policies deemed necessary by the Chief for rapid reliable
access.
JO/03/CROI1-894wp514(3/5/92-1)
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e.
Response Maps: Any development which necessitates by
virtue of new structures, fire hydrants, roadways or
similar features, shall be required to provide map
updates in a format compatible with current department
mapping services, and shall be charged a reasonable fee
for updating all response maps.
Prior to delivery of combustible building materials on
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 adequate,
permanent access for emergency vehicles. Said access
shall be maintained to the satisfaction of the Fire
District.
f.
g.
All designated emergency access roads shall be posted
pursuant to Fire District Standards.
Submit a letter from the Fire District stating
satisfaction with the type and location of fire hydrants
and the minimum water flow in gallons per minute together
with a letter to the appropriate agency certifying that
the fire department's minimum required water flow is
available to serve the project. Provisions shall be made
to ensure a maximum water pressure at the hydrant of 150
psi. The installation of a pressure reducing station may
be required. Fire hydrants shall be of a bronze type and
shall be identified by installing a "blue" reflective dot
on the street surface pursuant to Fire District
Standards.
h.
i.
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.
Structures shall be protected by automatic fire sprinkler
systems. Sprinkler systems shall be installed to the
satisfaction of the Encinitas Fire Protection District.
Tentative maps filed with the City or District will
require as a standard condition that annexation to the
Fire District Benefit Assessment Area.
Prior to final recordation, the applicant shall submit a
letter from the Fire District stating that all
development impact, plan check and/or cost recovery fees
have been paid or secured to the satisfaction of the
District.
JO/03/CROII-894wp515(3/5/92-1)
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10.
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5.
Buildinq Deoartment: The applicant shall contact the Building
Department to assure compliance with the following conditions:
a.
Provide compliance with the Uniform Building Code for
property line clearances considering use, area and fire
resistance of existing buildings.
b.
Existing building(s) shall be made to comply with current
building and zoning regulations for the intended use or
the building shall be demolished with appropriate
permits.
Existing sewage disposal facilities shall be removed,
filled and/or capped to comply with appropriate grading
practices and the Uniform Plumbing Code.
c.
d.
6.
Prior to the Building Department approving the connection
to the buildings to the private sewer or water systems
located in the private right-of-way, the civil engineer
responsible for the design and the inspector responsible
for the system inspection must certify in writing to the
Director of Public Works that the sewer and/or water
systems were designed and constructed in accordance with
the utility district or agency standards for public
systems.
This approval may be appealed to the Planning Commission
within 15 calendar days from the date of this approval.
7.
In the event that any of the conditions of this permit are not
satisfied, the Planning and Community Development Department
shall cause a noticed hearing to be set before the authorized
agency to determine why the City of Encini tas should not
revoke this approval.
8.
Upon a showing of compelling public necessity demonstrated at
a noticed hearing, the City of Encinitas, acting through the
authorized agency, may add, amend, or delete conditions and
regulations contained in this permit.
9.
Approval of this request shall not waive compliance with any
sections of the Zoning Code and all other applicable City
Ordinances except as permitted by this approval.
The applicant shall cause to be recorded a covenant regarding
real property which sets forth this grant of approval. The
covenant shall be in form and content satisfactory to the
Director of Planning and Community Development.
JO/03/CROII-894wp516(3/5/92-1)
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11.
This approval is valid for two years, to expire on June 19,
1992 unless prior to that time the applicant has obtained a
building permit and has performed substantial construction in
reliance on this permit.
BE IT FURTHER RESOLVED by the Olivenhain Community Advisory
Board of the City of Encinitas that:
This project has a Negative Declaration incorporating
mitigating measures and a mitigation monitoring and reporting
program certified by the Planning Commission on October 24,
1989 (Case 88-231 TM/EIA).
PASSED AND ADOPTED this
19th day of June,
1990 by the
following vote, to wit:
AYES:
Trujillo, Johnson, Perkins, Duvivier
NAYS:
ì~
None
ABSENT:
Wiegand
ABSTAIN:
None
Chuck DuVivier, Chairman of the
Olivenhain Community Advisory
Board of the City of Encinitas
ATTEST:
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Linda Niles
Associate Planner
JO/O3/CROII-894wp517(3/5/92-1)