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1990-30 . 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: . 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 . 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) . . 6. 7. . 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) . . 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: . JO/03/CROll-894wp513(3/5/92-1) . . . 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) . . . - j. k. I. 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) . . 10. . 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) . . . 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: ~' ~ ê' 4. (, . .. ..7, - . .' ,.-,,) ./r/ .-'1 ", / -¿;P:; ~I' \ ~.(,¡;,:::--' Linda Niles Associate Planner JO/O3/CROII-894wp517(3/5/92-1)