1995-01
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. RESOLUTION NO. L-95-01
A RESOLUTION OF THE LEUCADIA COMMUNITY ADVISORY BOARD
OF THE CITY OF ENCINITAS APPROVING A DESIGN REVIEW
MODIFICATION OF PREVIOUS APPROVAL 94-027DR/MIN
AND TO AUTHORIZE A COASTAL DEVELOPMENT PERMIT
FOR PROPERTY LOCATED AT 1589 EOLUS AVENUE
(CASE NO. 95-101DR/MOD; APN: 254-130-31)
WHEREAS, Greg Jordan applied for a Design Review Modification
pursuant to Chapters 30.16.010-7 and 30.80 of the Municipal Code to
allow changes to a previous site development approval, and
associated Coastal Development Permit; and
WHEREAS, the property is located at 1589 Eolus Avenue, and is
legally described as:
Parcel 2 as shown at page 11561 of Parcel Map filed in the
Office of the County Recorder of San Diego County August 6,
1981 as File/Page No. 81-249987.
WHEREAS, a public hearing was conducted on June 8,1995 by the
Leucadia Community Advisory Board (CAB); and considered without
limitation:
. 1. The Agenda Report for the June 8, 1995, Leucadia CAB
meeting;
2. Oral Evidence received at the Public Hearing;
5. Written evidence submitted with the application and
received at the Public Hearing; and
WHEREAS, the CAB made the required findings pursuant to
Chapters 30.16.010-7 and 30.80 of the Municipal Code, as follows:
(See Exhibit "A")
NOW THEREFORE, BE IT RESOLVED that the application for a
Design Review Modification and a Coastal Development Permit is
hereby approved subject to the following conditions:
I. STANDARD CONDITIONS:
A. This approval will expire in two years, on June 8, 1997,
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 Planning Commission
within 15 calendar days from the date of this approval.
. cd/DL/RL95101.501 (6/9/95) -1-
. C. Approval of this request shall not waive compliance with
any sections of the Zoning Code and all other applicable
City Ordinances in effect at the time of Building Permit
issuance unless specifically waived herein.
D. 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 herein.
E. Project is approved as submitted as evidenced by the site
plan, sections, floor plans, and building elevations,
consisting of five pages, dated received by the City of
Encinitas on April 28, 1995, and shall not be altered
without Community Development Department review and
approval.
F. Nothing in this permit shall authorize the applicant to
intensify the authorized activity beyond that which is
specifically described in this permit.
G. Prior to receiving a final inspection on the framing, the
applicant shall provide a survey from a licensed surveyor
or a registered civil engineer verifying that the height
. of the structure is in compliance with approved plans.
H. The Community Development Department has determined that
a retaining wall has been constructed along the northerly
edge of the subject drive easement without benefit of
building permit. Prior to issuance of a building permit
for any work associated with this approval or with any
past approvals, the subj ect wall shall be demonstrated to
comply with Municipal Code fence/wall height
requirements, and shall receive a building permit.
APPLICANT SHALL CONTACT THE ENCINITAS FIRE PROTECTION DISTRICT
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
2. FIRE
- Prior to building permit issuance, the applicant shall
submit to the Community Development Department a letter
from the Fire District stating that all fees including
plan check reviews and/or cost recovery fees have been
paid or secured to the satisfaction of the Fire District.
. cd/DL/RL95l0l.50l (6/9/95) -2-
. BE IT FURTHER RESOLVED that the Leucadia CAB in its
independent judgement finds that this project is exempt from
Environmental Review pursuant to Section 15301 (e) of the California
Environmental Quality Act (CEQA) Guidelines.
PASSED AND ADOPTED this 8th day of June 1995, by the following
vote, to wit:
AYES: Boardmembers Hughes, Eldon, and Buck
NAYS: None
ABSENT: Boardmembers Suttie and Heinle
ABSTAIN: None
.. /'
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David B. Hughes, Chai n of the
Leucadia Community Advisory Board
City of Encinitas
.
ATTEST:
~ /à~~ ~"'--
Diane Langage
Assistant PIa
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. EXHIBIT "A"
RESOLUTION NO. L-95-01
Findings Pursuant to
Chapter 30.16.010-7
of the Encinitas Municipal Code:
Buildings may be approved through an Administrative Design
Review process for a maximum of thirty (30) feet if it can be
found that:
1) the portion of the building outside of the standard
envelope maintains some of the significant views enjoyed by
residents of nearby properties, and 2) that the building is
compatible in bulk and mass with buildings on neighboring
properties.
Facts: The subject project was reviewed by the Board at
a previous hearing with the required findings for
authority to exceed the standard height envelope and for
conformance with the surrounding neighborhood for bulk
and mass being made.
Discussion: The project before the Board at this time is
substantially the same as the project originally reviewed
by the Board. The modifications consist of a re-
. configured mezzanine area and the deletion of the second
story deck.
The modified mezzanine, as proposed, will still project
to 30 ft., but will have modified roof-lines presenting
less building mass above the standard 22 ft. height
envelope. Additionally, the originally approved second
story deck will be eliminated. The proposed modifications
will therefore be less impactive to surrounding views,
and will decrease overall building mass.
Conclusion: The CAB finds that the proposed
modifications will be less impactive to surrounding views
and will decrease overall building mass when compared
with the previous project design, and that the previous
findings (as per Resolution L-94-04) are still
applicable.
. cd/DL/RL95101.501 (6/9/95) -4-
. Findings Pursuant to
Chapter 30.80 (Coastal Development Permit)
of the Encinitas Municipal Code:
1. The project is consistent with the certified Local Coastal
Program of the City of Encinitas; and
2. The proposed development conforms with Public Resources Code
21000 and following in that there are no feasible mitigation
measures or feasible alternatives available which would
substantially lessen any significant adverse impact that the
activity may have on the environment.
Facts: No aspect of the project has been identified which
could have an adverse impact on coastal resources or any
natural resources.
Discussion: No aspect of the project has been identified
which could have an adverse impact on coastal or any natural
resources. The approval of this Coastal Development Permit
satisfies the requirements of the Encinitas Local Coastal
Program.
Conclusion: The CAB finds that the project is consistent with
the certified Local Coastal Program of the City of Encinitas
and that required finding #2 is not applicable since no
. significant adverse impact is associated with the project.
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