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.
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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.
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