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1990-13 RESOLUTION NO. OE-90-13 A RESOLUTION OF THE OLD ENCINITAS COMMUNITY ADVISORY BOARD, CITY OF ENCINITAS, APPROVING A DESIGN REVIEW APPLICATION TO ALLOW THE CONSTRUCTION OF THREE SINGLE FAMILY RESIDENTIAL DWELLINGS ON LEGAL PARCELS TO BE CREATED AT 451 OCEAN VIEW AVENUE (CASE NO. 90-077 DR) WHEREAS, John McColl applied for a Design Review permit for three single family dwelling units on three individual parcels identified by Tentative Parcel Map 88-341 per Chapter 23.08 (Design Review) of the Municipal Code; and WHEREAS, the property is located at 451 Ocean View Avenue and legally described as follows: That portion of Lot 3, in Block II X" , of Seaside Gardens Annex, in the City of Encinitas, County of San Diego, State of California, according to May thereof No. 1801, filed in the Office of the County Recorder of San Diego County, August 6, 1924, (More particularly described in Exhibit "A" attached hereto and made a part hereof.) WHEREAS, evidence was submitted and considered at a public hearing on May 17 and June 14, 1990 to include without limitation: a. Plans submitted by the applicant and dated received April 6, and May 9, 1990; Written information submitted with the application; Oral testimony from staff, applicant, and public made a part of the record at said public hearing; The Agenda Report dated May 10, 1990; The adopted General Plan, Zoning Code and associated Land Use Maps; and b. c. d. e. CO/03/CAB16-1785wp6 (5-18-90/2) 1 required findings pursuant to Chapter 23.08 (Design Review) of the WHEREAS, the Old Encinitas Community Advisory Board made the Municipal Code: (See Attachment "A") Advisory Board of the City of Encinitas that application 90-077 DR NOW, THEREFORE, BE IT RESOLVED by the Old Encinitas Community is hereby approved subject to the following conditions: (1) The project is approved as submitted on revised plans dated received by the City on April 6, and May 9, 1990, and shall not be altered without City approval. Fire District: (2) (3) (4) (5) (6) (7) Access road shall be a minimum of 20 feet wide. Access road shall be paved and unobstructed. EXCEPTION: A fire access roadway providing access to only one single family dwelling shall be not less than 16 feet in paved width. 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. Grade: The gradient for a fire apparatus access roadway shall not exceed 20%. The angle of departure and approach shall not exceed the maximum approved by the Chief. 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. All designated emergency access roads shall be posted pursuant to the Fire District standards. All two-way traffic aisles shall be a minimum of 20 feet wide CO/03/CAB16-1785wp6 (5-18-90/2) 2 and emergency access shall be provided, maintained free and clear a minimum of 20 feet wide at all times during construction in accordance with Fire District requirements (8) 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. (9) (10) city Enqineer: APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. Gradinq Conditions 1. The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site. 2. The grading for this project is defined in Chapter 23.24 of the Encinitas Municipal Code. Grading shall be performed under the observation of a civil engineer whose responsibility it shall be to coordinate site inspection and testing to ensure compliance of the work with the approved grading plan, submit required reports to the City Engineer and verify compliance with Chapter 23.24 of the Encinitas Municipal Code. 3. No grading shall occur outside the limits of the PROJECT unless a letter of permission is obtained from the owners of the affected properties. 4. All slopes within this project shall be no steeper than 2: 1. 5. A soils/geological/hydraulic report (as applicable) shall be prepared by a qualified engineer licensed by the state of California to perform such work prior to building permit issuance or at first submittal of a grading plan. B. Drainaqe Conditions: 6. The developer shall exercise special care during the construction phase of this project to prevent any offsite siltation. The developer shall provide erosion control measures and shall construct temporary desiltation/detention basins of type, size CO/03/CAB16-1785wp6 (5-18-90/2) 3 7. 8. 9. and location as approved by the City Engineer. The basins and erosion control measures shall be shown and specified on the grading plan and shall be constructed to the satisfaction of the City Engineer prior to the start of any other grading operations. Prior to the removal of any basins or facilities so constructed the area served shall be protected by additional drainage facilities, slope erosion control measures and other methods required or approved by the City Engineer. The developer shall maintain the temporary basins and erosion control measures for a period of time satisfactory to the City Engineer and shall guarantee their maintenance and satisfactory performance through cash deposit and bonding in amounts and types suitable to the City Engineer. A drainage system capable of handling and disposing of all surface water originating within the subdivision, and all surface waters that may flow onto the subdivision from adjacent lands, shall be required. Said drainage system shall include any easements and structures as required by the City Engineer to properly handle the drainage. Concentrated flows across driveways and/or sidewalks shall not be permitted. The drainage system shall be designed to ensure that runoff resulting from a 10-year frequency storm of 6 hours or 24 hours duration under developed conditions, is equal to or less than the runoff from a storm of the same frequency and duration under existing developed conditions. Both 6 hour and 24 hour storm durations shall be analyzed to determine the detention basin capaci ties necessary to accomplish the desired results. C. street Conditions 10. 11. A registered Civil Engineer or a licensed land surveyor shall provide a signed statement that: liThe existing private roads of access to the project are within the easements for the benefit of the land division". Reciprocal access and maintenance and/or agreements shall be provided ensuring access to all parcels over private roads, drives or parking areas and maintenance thereof to the satisfaction of the Director of Public Works. CO/03/CAB16-1785wp6 (5-18-90/2) 4 12. 13. 14. 15. An Irrevocable Offer of Dedication (I.O.D.) shall be made for 10 feet along Ocean View adjacent to the property for public right-of-way purposes unless waived per City Council policy dated March 14, 1990. Plans, specifications, and supporting documents for all improvements shall be prepared to the satisfaction of the City Engineer. Prior to approval of the final map, the Subdivider shall install, or agree to install and secure with appropriate security as provided by law, improvements shown on the tentative map and the following improvements to City Standards to the satisfaction of the City Engineer: The private road of access to all 4 parcels shown on the approved map shall be improved to meet Private Road Standards. (100 trips or less classification) . 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. The design of all private streets and drainage systems shall be approved by the City Engineer prior to APPROVAL OF THE FINAL MAP for this project. The structural section of all private streets shall conform to City of Encinitas Standards based on R- value tests. The standard improvement plan check deposit is required. D. utilities 16. 17. 18. E. Map The developer shall comply with all the rules, regulations and design requirements of the respective utility agencies regarding services to the project. The developer shall be responsible for coordination with S.D.G. & E., Pacific Telephone, and Cable TV authorities. All proposed utilities within the project shall be installed underground including existing utilities unless exempt by the Municipal Code. None CO/03/CAB16-1785wp6 (5-18-90/2) 5 19. (11) The applicant shall contact the Building Department regarding compliance with the following conditions: A. B. Prior to the Building Department approving the connection of 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. Provide compliance with the Uniform Building Code for property line clearances considering use, area and fire resistance of existing buildings. C. 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. D. Existing sewage disposal facilities shall be removed, filled and/or capped to comply with appropriate grading practices and the Uniform Plumbing Code. (12) Landscaping and automated irrigation shall be installed and shall conform to the plans reviewed and approved by the Old Encinitas Community Advisory Board dated June 5, 1990, with the following modification to be found satisfactory by the Community Development Department prior to permit issuance: An additional 3 Melaleuca (Cajeput) trees shall be placed near the northwest corner of the home on Parcell. Of those trees, 2 shall be of a minimum 24 inch box size with the third being of a minimum 15 gallon size. (13) A licensed surveyor or civil engineer shall verify the height of the structures at the time of framing inspection to certify that the height does not exceed the height measurements specified on the plans which indicate that no portion of the structure's roof exceed the 26 foot standard height from lower of natural or finished grade and 28 feet to top of chimney from lower of natural or finished grade. ( 14) A proponent or protestant of record may appeal a final decision of the hearing body by filing an appeal within fifteen ( 15) calendar days of the hearing body's decision pursuant to Chapter 1.12 of the Encinitas Municipal Code. (15) The applicant shall cause to be recorded a Covenant regarding CO/03/CAB16-1785wp6 (5-18-90/2) 6 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. (16) This design review permit shall become null and void after two years from its effective date unless permits are acquired in conformance to section 23.08.160 of the Municipal Code. BE IT FURTHER RESOLVED by the Old Encinitas community Advisory Board of the city of Encinitas that a Negative Declaration (on file in the Department of Planning and community Development) is certified for the project in conformance with CEQA and the city's Environmental Review Guidelines. PASSED AND ADOPTED this 14th day of June, 1990, by the following vote, to wit: AYES: Birnbaum, Rotsheck, Steyaert, Tobias, Townsend NAYS: None ABSENT: None ABSTAIN: None ?~ลก. r¡;¡æ~ Peter S. Tobias, Chairperson of the Old Encinltas Community Advisory Board ATTEST: Tom Curriden, Associate Planner CO/03/CAB16-1785wp6 (5-18-90/2) 7 ATTACHMENT "A" Old Encinitas community Advisory Board RESOLUTION NO. OE-90-13 CASE NO. 90-077 DR Findings for Design Review (Chapter 23.08. Municipal Code) 23.08.072 Requlatory Conclusions - Generally. A. The project design is consistent with the General Plan, a Specific Plan or the provisions of the Municipal Code. Evidence: The Board finds that the project conforms to the General Plan polices and the provisions of the Zoning Code. All Development Standards for setbacks, lot coverage, structural height, parking, and land use are satisfied. B. The project design is substantially consistent with the Design Review Guidelines. Evidence: The Board cannot identify any reason why the project does not conform to the Design Review guidelines for site, building and landscape design. In addition, the project conforms to privacy and security guidelines. Views are not anticipated to be impacted due to the fact that the structures are sited on large lots (1/3 ac. minimum) and conform to standard height envelope limitations. C. The proj ect would adversely affect the heal th, general welfare of the community. safety or Evidence: The parcels will exist as legal lots of record upon final map approval, suitable to the type of development proposed. The Board cannot identify any reason why the health, safety or general welfare of the community would be adversely affected by this project. D. The project would tend to cause the surrounding neighborhood to depreciate materially in appearance or value. Evidence: The building designs and materials are similar to existing dwellings within the adjacent neighborhood. The Board cannot identify any reason why the project would materially depreciate the appearance or value of the surrounding neighborhood. CO/03/CAB16-1785wp6 (5-18-90/2) 8 That portion of Lot 3, in Block "X" of Seaside Gardens Annex, in the County of San Diego, state of California, according to Map thereof No. 1801, filed in the Office of the County Recorder of San Diego County, August 6, 1994, described as follows: Beginning at the Northwesterly corner of said Lot 3; thence along the Westerly line of said Lot, South 04°28'40" East, 32.08 feet to the Northwesterly corner of land described in Deed to Daniel F. Mote, Jr., et ux, recorded January 8,1960 as File No. 4028; thence along the boundary of said Mote's land as follows: Parallel with the Northerly line of said Lot 3, South 89°30'30" East, 148.00 feet to the Northeasterly corner of said land; and parallel with the Westerly line of said Lot 3, South 04°28'40" East, 68.00 feet to the Northeasterly corner of land described in Deed to Ernest H. Buck, et ux, recorded January 26, 1967 as File No. 11412; thence along the Easterly line of said Buck's land, parallel with the Westerly line of said Lot 3, South 04°28'40" East, 68.00 feet to the Southerly line of land described in Deed to Charles S. Phillips, et UX, recorded October 16, 1957 in book 6794, Page 138 of Official Records; thence along said Southerly line, South 89°30'30" East, 457.64 feet, more or less, to the Easterly line of said Lot 3; thence along said Easterly line, North 00°54'00" West, 167.50 feet to the Northeasterly corner of said Lot 3; thence along the Northerly line of said Lot; North 89°30'30" West, 616.13 feet to the POINT OF BEGINNING. EXCEPTING THEREFROM, that portion described in Deed to the State of California, for freeway purposes, recorded November 12, 1963 as File No. 201683. CO/03/CAB16-1785wp6 (5-18-90/2) 9