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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 TC/07/CABI7-1436wp55(9-05-89-2) 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. TC/07/CAB17-1436wp56(9-05-89-2) 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 TCj07jCAB17-1436wp57(9-05-89-2) 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." TC/07/CAB17-1436wp58(9-05-89-2) 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. TC/07/CAB17-1436wp59(9-05-89-2) 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. TC/07/CAB17-1436wp510(9-05-89-2) 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. TC/07/CAB17-1436wp511(9-05-89-2) 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. TC/07/CAB17-1436wp512(9-05-89-2)