1989-23
RESOLUTION NO. OE-89--11-
A RESOLUTION OF THE OLD ENCINITAS COMMUNITY ADVISORY BOARD
CITY OF ENCINITAS, APPROVING A DESIG REVIEW
TO ALLOW A CHIMNEY TO EXCEED THE 26' HEIGHT LIMIT
LOCATED AT 1250 MELBA ROAD
(CASE NUMBER 89-210 DR)
WHEREAS, a request for consideration of a D sign Review permit
to allow a chimney to exceed the 26' height lim't by 2' was filed
by Thomas C. Feldner as per Chapter 30.16.010 7 of the City of
Encinitas Zoning Code and Chapter 23.08 of the City of Encinitas
Design Review Ordinance for the property locafed at 1250 Melba
Road, legally described as; I
WHEREAS, a public hearing was conducted on
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rhe application on
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October 26, 1989; and
WHEREAS, the Community Advisory Board cons dered:
1.
The staff report dated October 17, 19 9;
2.
The application and maps submitted
applicant;
3.
Oral evidence submitted at the hear in ; and
4.
Written evidence submitted at the hea ing;
following findings:
WHEREAS, the Old Encinitas Community Advis ry Board made the
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The portion of the building outside of the"standard envelope
maintains some of the significant views en~oyed by residents
of nearby properties. i
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1.
MB/03/CAB17-1538WP5510-18-89-1)
Evidence to Consider:
The proposed projection is a 37" wide chimney extending two
feet above the 26' building envelope the property is
surrounded by mature landscaping, which will conceal parts of
the proposed second story. No significant views will be
impacted.
2.
That the building is compatible in
buildings on neighboring properties.
bulk
and mass with
Evidence to Consider:
There are a few homes in the surrounding area which are two
stories in height. The lots in the area are large lots
ranging in size from 16,330 square feet to 1.05 acres. The
existing home is currently 1,495 square feet, the proposed
addi tion is approximately 1,800 square feet. The total square
footage of the residence would be compatible in bulk and mass
with the neighboring properties.
NOW, THEREFORE, BE IT RESOLVED by the Old Encinitas Community
Advisory Board of the City of Encini tas that the Design Review
Permit is hereby approved subject to the following conditions:
SEE ATTACHMENT "A"
BE IT FURTHER RESOLVED by the Old Encinitas Community Advisory
Board of the City of Encinitas that:
(1)
This project was found to be exempt from environmental review,
Section 15301(e)¡
MB/03/CAB17-1538WP5610-18-89-1)
following vote, to wit:
PASSED AND ADOPTED this 26th day of Oct ber, 1989, by the
AYES:
Birnbaum, Kauflin, Rotsheck, Steyaert, Tobias
NAYS: None
ABSENT: None
ABSTAIN: None
ATTEST ¡.?¿tv ~ '
Tom Curriden, Associate Planner
~~~~
J¡¿~
MB/03/CAB17-1538WP5710-18-89-1)
Peter Tobias Chairman of the
Old Encinita Community
Advisory Boa d
F.
G.
H.
ATTACHMENT "A"
1.
Resolution No. OE89-23
GENERAL CONDITIONS
A.
This approval will expire in two years, on October
26, 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.
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 Encinitas should not revoke this
permit.
D.
Upon a showing of compelling public necessity
demonstrated at a noticed hearing, the City of
Encini tas, acting through the authorized agency, may
add, amend, or delete conditions and regulations
contained in this permit.
E.
Nothing in this permit shall relieve the applicant
from complying with the conditions and regulations
generally imposed upon activities similar in nature
to the activity authorized by this permit.
Nothing in this permit shall authorize the applicant
to intensify the authorized activity beyond that
which is specifically described in this permit.
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.
The applicant shall comply with the latest adopted
Uniform Building Code, Uniform Mechanical Code,
Uniform Plumbing Code, National Electric Code,
Uniform Fire Code, and all other applicable codes
and ordinances in effect at the time of building
permit issuance unless specifically waived here.
MB/03/CAB17-1538WP5810-18-89-1)
L.
I.
This approval shall become null and void if building
permits are not issued for this project within two
years from the date of project approval. If the
applicant is not able to obtain building permits due
to a growth management program within the two year
period, this approval may be extended by the
Director of Planning and Community Development to
allow for the issuance of building permits.
J.
Permits from other agencies will be required as
follows:
a.
Coastal Commission
K.
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.
Project is approved as submitted/modified as
evidenced by the plot plan dated July 15, 1989
received by the City of Encinitas on September 21,
1989 and signed by a City Official as approved by
the Old Encinitas Community Advisory Board on
October 26, 1989 and shall not be altered without
Planning and Community Development Department review
and approval.
MB/03/CABI7-1538WP5910-18-89-1)
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND COMMUNITY
DEVELOPMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
2.
SITE DEVELOPMENT
A.
Site shall be developed in accordance with the
approved site plans which are dated and signed as
approved on October 26, 1989 by the Community
Advisory Board and which are on file in the Planning
and Community Development Department and the
conditions contained herein. Said site plan is
approved.
B.
Prior to any use of the project site or business
activity being commenced thereon, all conditions of
approval contained herein shall be completed to the
satisfaction of the Director of Planning and
Community Development.
c.
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:
a.
Building permit issuance.
as deemed necessary by the appropriate agency.
APPLICANT SHALL CONTACT THE ENCINITAS FIRE PROTECTION DISTRICT
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
3.
FIRE
A.
4.
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.
STREETS AND SIDEWALKS
A.
An Irrevocable Offer of Dedication (I.O.D.) shall
be made for 10 feet along Melba Road adjacent to the
property for public right of way purposes.
MB/03/CAB17-1538WP51010-18-89-1)
B.
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.
APPLICANT SHALL CONTACT THE APPROPRIATE AGENCY REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
5.
UTILITIES
A.
The developer shall comply with all the rules,
regulations and design requirements of the
respective sewer and water agencies regarding
services to the project.
MB/03/CAB17-1538WP51110-18-89-1)