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1990-22 RESOLUTION NO. OE90-22 A RESOLUTION OF THE OLD ENCINITAS COMMUNITY ADVISORY BOARD DENYING A DESIGN REVIEW PERMIT FOR THE PROPOSED CONSTRUCTION OF 22 SINGLE-FAMILY HOMES ON EXISTING LOTS LOCATED AT 319 LA VETA IN OLD ENCINITAS (CASE NUMBER 89-256DR/EIA) WHEREAS, a request for consideration of a design review permit was filed by Pacific Scene, Inc. to allow construction of 22 proposed single family homes on existing separate legal lots per Chapter 23.08 of the City of Encini tas Municipal Code, for the property located on the site of the existing st. John's Church, rectory, and school located at 319 La Veta in Old Encinitas, more particularly described as: Lots 3 through 18 in Block N and Lots 1 through 6 in Block 0 of Seaside Gardens, in the City of Encinitas, County of San Diego, State of California, according to the Map thereof No.1800, filed in the Office of the County Recorder August 6, 1924; and; WHEREAS, a public hearing was conducted on the application on August 30 and September 27, 1990, and; WHEREAS, limitation: the Community Advisory Board considered, without 1. The staff reports dated August 21 and Sept. 17, and October 2 1990; 2. The application, project plans received May 22, 1990 consisting of site plans, elevations, floor plans, and typical landscape plans, as well as the revised plans dated received Sept. 13, 1990 consisting of site plans, front elevations, floor plans and typical landscape plan; 3. Oral evidence submitted at the hearing; 4. written evidence submitted at the hearing; and WHEREAS, the Old Encinitas Community Advisory Board made the following findings pursuant to Chapter 23.08 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 application 88- 256DR/EIA is hereby denied. PASSED AND ADOPTED this 27th day of September, following vote, to wit: 1990, by the AYES: Birnbaum, Steyaert, Tobias NAYS: Rotsheck '""" ABSENT: Townsend ABSTAIN: None p¿t;:: c;, a £~ ~ Peter Tobias, Chairman of the Old Encini tas Community Advisory Board ATTEST: ~ê~ Tom Curriden Associate Planner RESOLUTION NO. OE90-22 ATTACHMENT "A" FINDINGS FOR DESIGN REVIEW (MUNI. CODE CHAPT. 23.08) CASE # 89-256DR/EIA The following findings must be made by the authorized agency to warrant approval of the design review permit in accordance with Sect. 23.08.072 of the Municipal Code: A. The project design is consistent with the General Plan, a Specific Plan, or the provisions of this code. Evidence: The project involves 22 detached single family homes on separate legal lots, as is explicitly allowed for in the RS-ll zone in accordance wi th section 30.08.010 of the Municipal Code and in the land Use Element of the General Plan (p.LU-44). However, Encinitas Municipal Code Sect. 23.08.070(B) requires that projects subject to design review shall be approved "unless findings of fact are made based upon the information presented in the application or during the hearings which support one or more of the regulatory conclusions contained in this Chapter. The decision maker shall elaborate on each of the regulatory conclusions made in support of a denial in sufficient detail to explain as clearly as possible the reasons for the denial. II In this instance, the regulatory conclusions made by the Board in support of the denial are as follows: Regulatory conclusion 23.08.076 (G) reads "The project design is substantially out of scale with the predominant scale of structures in the adjacent neighborhood." The Board finds that the project is out of scale with the predominant scale of the neighborhood because each and everyone of the proposed homes is two stories and of a 24 to 26 ft. height, whereas the majority of the homes in the surrounding neighborhood are of a lesser scale in terms of height, and many are one story. Regulatory conclusion 23.08.076 (E2) reads "The project is not harmonious with or is functionally incompatible with the adjacent property in .... location of structures on the site." The Board finds that the project is not harmonious with adj acent properties in terms of the location of the structures on the site because each of the homes is at or near the minimum required front yard setback whereas the neighborhood maintains a variety of setbacks greater than the minimum required front yard setback. B. The design is substantially consistent with the Design Review Guidelines. Evidence: The Board finds that the project is not substantially consistent with the Design Review Guidelines for reasons including the inconsistencies with the surrounding areas in terms of scale and building siting described under finding "A" above. D. The project would tend to cause the surrounding neighborhood to depreciate materially in appearance or value. Evidence: The Board finds that the appearance of the neighborhood would be depreciated by the construction of homes out of scale with the preponderance of other homes in the area.