1989-18
RESOLUTION NO. OE89- 18
A RESOLUTION OF
THE OLD ENCINITAS COMMUNITY ADVISORY BOARD
CITY OF ENCINITAS, APPROVING
A DESIGN REVIEW AMENDMENT
TO ALLOW A DESIGN MODIFICATION AND AUTHORITY
TO EXCEED HEIGHT ENVELOPE FOR TWO PREVIOUSLY APPROVED
ATTACHED SINGLE FAMILY HOMES LOCATED AT 430 NEPTUNE
(CASE NUMBER 89-172 DRM)
WHEREAS,
a request for consideration of a Design Review
Modification was filed by Dominy, Cecil Architects to allow a
design modification and authority to exceed height envelope for two
previously approved attached single family homes located at 430
Neptune as per Chapter 23.08 and 30.16 of the City of Encinitas
Municipal/Zoning Codes, for the property located at 430 Neptune
Avenue, legally described as;
A portion of Lot 6 in Block "C" of Seaside Gardens, according
to the map thereof, No. 1800, and a portion of Lot "B" of
Seaside Bluff, according to the map thereof, No. 1276 filed
in the office of the Recorder.
WHEREAS, a public hearing was conducted on the application on
August 31, 1989, and
WHEREAS, the Community Advisory Board considered:
1.
The staff report dated August 17, 1989;
The application and plans submitted by the applicant;
2.
3.
Oral evidence submitted at the hearing;
4.
Written
evidence
and
additional
photographs
of
surrounding properties submitted at the hearing; and
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WHEREAS, the Old Encinitas Community Advisory Board made the
following findings pursuant to Chapter 23.08 and 30.16 of the
Encinitas Municipal Code:
SEE ATTACHMENT "A"
NOW, THEREFORE, BE IT RESOLVED by the Old Encinitas Community
Advisory Board
of
the
City of
Encinitas that Design Review
Modification 89-172 DRM is hereby approved subject to the following
conditions:
SEE ATTACHMENT "B"
BE rT FURTHER RESOLVED by the Old Encinitas Community Advisory
Board of the City of Encinitas that this project is consistent with
a negative declaration previously certified,
pursuant to the
California Environmental Quality Act (CEQA) in conjunction with
Case No. 88-270 DR/ErA.
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PASSED AND ADOPTED this 31st day of August, 1989 , by the
following vote, to wit:
AYES:
Rotsheck, Tobias, Birnbaum, Kauflin
NAYS:
None
ABSENT:
Steyaert
ABSTAIN:
None
I/ÞC;. I~ ¿~
Peter Tobias, Chairman
of the Old Encinitas
Community Advisory Board
ATTEST:
~--> /~
Tom Curriden
Associate Planner
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D.
E.
ATTACHMENT "A"
Old Encinitas Community Advisory Board
RESOLUTION NO. OE89 -
CASE NO. 89-172 DRM
Findings For Design Review
(Section 23.08.076 Municipal Code)
23.08.072 Requlatorv Conclusions - Generallv.
A. The project design is inconsistent with the General
Plan, a Specific Plan or the provisions of this Code.
Evidence to Consider:
A.
The project design is consistent with the General Plan,
a specific plan and the provisions of this Code.
Evidence to Consider: As single family homes on
individual legal lots, the homes are consistent with the
provisions of the R8 zone. Attachment of the two homes
at the property line was allowed via Variance 88-318V.
B.
The project design is substantially consistent with the
Design Review Guidelines.
Evidence to Consider: Staff and the Board have
identified no aspects of the revised project design which
would invalidate the Board's previous finding with 88-
270 DR/EIA that the homes are in substantial compliance
with the City's adopted design criteria.
C.
The project would not adversely affect the health, safety
or general welfare of the community.
Evidence to Consider: All public utilities and services
are available to serve the project, and the project is
consistent with the Negative Declaration of Environmental
Impact certified in conjunction with 88-270 DR/EIA.
The proj ect would not tend to cause the surrounding
neighborhood to depreciate materially in appearance or
value.
Evidence to Consider: The project was found to be in
substantial compliance with the City's design criteria
and thus will not cause any depreciation in the
appearance or value of the neighborhood.
In accordance with Zoning Ordinance Section
30.16.010(7b), the projection beyond the standard height
envelope to a maximum 30 ft. may only be allowed when it
is found that "the portion of the building outside of the
standard envelope maintains some of the significant views
enjoyed by residents of nearby properties, and the
building is compatible in bulk and mass with buildings
on neighboring properties."
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Evidence to Consider: Since the site lies substantially
higher than the properties east of Neptune, no
significant westward views appear to be present through
the property. The homes to either side of the property
are of the same approximate setback from the bluff such
that impairment of any north-south views will be minimal.
Much of the development west of Neptune in the vicinity
is two stories in height. Since most of the building
mass of the subject homes is at approximately 24 ft. or
less, the bulk and mass of the structures is not
incompatible with the neighboring area.
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Applicant:
Case No:
Subject:
Location:
1.
STANDARD CONDITIONS
ATTACHHENT "B"
Dominy, Cecil Architects
89-172 DRH
Design Review Modification and Authority to Exceed
Height Envelope
430 Neptune
SPECIFIC CONDITIONS:
A.
II.
Building height shall be limited to 27.5 ft. to the peak
of the roof of the west portion of the north home, with
other heights reduced proportionately as per the revised
plans approved by the Old Encinitas Community Advisory
Board dated 7/31/89. Building plans reflecting these
modifications shall be found satisfactory by the
Community Development Department prior to permit
issuance.
STANDARD CONDITIONS
Resolution OE-51)
in
D.
E.
(In
addition
to
those
contained
1.
GENERAL CONDITIONS
A.
This approval will expire in two years, on August
31, 1991, at 5:00 p.m. unless the conditions have
been met or an extension has been approved by the
Authorized Agency.
B.
This approval may be appealed to the authorized
agency within 15 calendar days from the date of this
approval.
C.
Approval of this request shall not waive compliance
wi th any sections of the Zoning Development Code and
all other applicable City Ordinances in effect at
the time of Building Permit issuance unless
specifically waived here.
Permits from other agencies will be required as
follows:
Coastal Commission
Prior to issuing a final inspection on framing, the
applicant shall provide a survey from a licensed
surveyor or a registered civil engineer verifying
the building height is in compliance with the design
review permit.
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3.
LANDSCAPING
4.
FIRE
J.
K.
F.
Project is approved as modified and shall not be
altered without Planning and Community Development
Department review and approval.
G.
For new residential dwelling unites), the applicant
shall pay development fees at the established rate.
Such fees may include, but not be limited to:
Permit and Plan Checking Fees, School Fees, Water
and Sewer Service Fees, Traffic Fees, Drainage Fees,
and Park Fees. Arrangements to pay these fees shall
be paid prior to building permit issuance as deemed
necessary by the appropriate agency.
H.
Owner ( s ) sha II enter into and record a covenant
satisfactory to the City Attorney waiving any claims
of liability against the City and agreeing to
indemnify and hold harmless the City and City's
employees relative to the approved project. This
covenant is applicable to any bluff failure and
erosion resulting from the development project.
I.
Landscaping shall be maintained in such a way so
view corridors are not blocked.
Structures shall be protected by automatic fire
sprinkler systems. Sprinkler systems shall be
installed to the satisfaction of the Encinitas Fire
Protection District.
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.
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CITY OF ENCINITAS
Project no. 89-172 DRM
Applicant: Dominy Cecil
5.
APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
Drainaqe Conditions:
L.
A drainage system capable of handling and disposing of all
surface water originating within the property, and all surface
waters that may flow onto the property from adjacent lands,
shall be required.
M.
Concentrated flows across driveways and/or sidewalks shall not
be permitted.
street Conditions
N.
An Irrevocable Offer of Dedication (I.a.D.) shall be made for
five feet along Neptune adjacent to the property for public
right-of-way purposes.
o.
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.
utilities
P.
The developer shall comply with all the rules, regulations and
design requirements of the respective sewer and water agencies
regarding services to the project.
Q.
The Subdivider shall provide separate sewer, water, gas, and
electric services with meters to each of the units.
R.
The developer shall be responsible for coordination with
S.D.G.& E., Pacific Telephone, and Cable TV authorities.
S.
All proposed utilities within the project shall be installed
underground including existing utilities unless exempt by the
Municipal Code.
Specific Conditions
T.
Patch existing concrete sidewalk and curb/gutter as directed
by the City Engineer.
u.
Construct a standard concrete drive approach per San Diego
Regional Standard Drawing G-15.
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