1994-04
RESOLUTION NO. L-94-04
. A RESOLUTION OF THE LEUCADIA COMMUNITY ADVISORY BOARD
OF THE CITY OF ENCINITAS
APPROVING A DESIGN REVIEW PERMIT
AND MINOR USE PERMIT
FOR AN ADDITION TO AN EXISTING SINGLE FAMILY RESIDENCE
AND A NEW ACCESSORY STRUCTURE
TO EXCEED THE STANDARD 22 FOOT HEIGHT LIMIT
BY EIGHT FEET FOR A MAXIMUM HEIGHT OF 30 FEET
AND TO ALLOW THE DETACHED, 2400 SQUARE FOOT,
24 FOOT HIGH, TWO STORY, ACCESSORY STRUCTURE
TO BE CONSTRUCTED WITHIN AN EXISTING OPEN SPACE EASEMENT
AND TO EXCEED THE SIZE, HEIGHT AND STORY LIMITATIONS
FOR DETACHED ACCESSORY STRUCTURES
FOR PROPERTY
LOCATED AT 1589 EOLUS AVENUE
(CASE NO. 94-027 DR/MIN)
WHEREAS, a Design Review and Minor Use Permit application was
filed by Greg Jordan, on behalf of Ray Daly, pursuant to Section
30.l6.010B7b (Exceeding the Height Limit) and Chapter 30.74 (Use
Permits) of the City of Encinitas Municipal Code to allow an
. addition to an existing single family residence and a proposed
accessory structure to exceed the standard 22 foot height limit by
eight feet for a maximum height of 30 feet and to allow the
detached, 2400 square foot, 24 foot high, two story, accessory
structure to be constructed within an existing open space easement
and to exceed the size, height and story limitations for detached
accessory structures on property located at 1589 Eolus Avenue and
legally described as;
Parcel 2 of Parcel Map No. 11561 filed in the Office of the
County Recorder of San Diego County on August 6, 1991 as
File/Page No. 81-249987.
WHEREAS, public hearings were conducted by the Leucadia
Community Advisory Board on June 9, and July 7, 1994 as required by
law, and all persons desiring to be heard were heard;
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WHEREAS, evidence was submitted and considered to include
.
without limitation:
a. Site plan, site section, floor plans, building sections
and building elevations consisting of six pages and dated
received by the City of Encinitas on April 19, 1994;
b. Written information submitted with the application;
c. Oral testimony from staff, applicant, and public made a
part of the record at said public hearing;
d. Leucadia Community Advisory Board agenda report (94-027
DR/MIN) for the meetings of June 9, and July 7, 1994;
which are on file in the Department of Community
Development;
e. Open Space Easement Document No. 81-239112;
f. Geotechnical Evaluation prepared by Cardiff Geotechnical,
dated April 18, 1994;
g. Acoustical Analysis Report prepared by ABC Acoustics,
dated December 9, 1993; and
. h. Additional written documentation.
WHEREAS, the Leucadia Community Advisory Board made the
following findings pursuant to Section 30.16.010B7b and Section
30.74.070B of the Municipal Code.
(SEE ATTACHMENT "A")
NOW THEREFORE, BE IT RESOLVED by the Leucadia Community
Advisory Board of the City of Encinitas that Design Review and
Minor Use Permit application No. 94-027 DR is hereby approved
subject to the following conditions:
(SEE ATTACHMENT "B")
BE IT FURTHER RESOLVED by the Leucadia Community Advisory
Board of the City of Encinitas that:
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This project was found to be exempt from environmental
. review under Section 15301, class l(e)(l) and Section
l5303, class 3(e) of the State CEQA Guidelines.
PASSED AND ADOPTED this 7th day of July 1994 by the following
vote, to wit:
Ayes: Boardmembers Burkhart, Eldon, Hughes and Suttie
Nays: Boardmember Buck
Absent: None
Abstain: None
/ ¿
" . " .. ," -,
A/~>/7"/ /' .... ;' ---1 ,'~~/; r? .;'í/.
'>-,C[¿'fl' /.";..' ~j'i,-. .'\
-/ Marilyn Buc~ éhairperson of ~he
Leucadia Community Advisory Board
ATTEST:
. --¡,r ë ¿.,.,-,?-:> :;:( ~ ~
Diane S. Langager/// /"
Assistant Planner--"-
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--
. ATTACHMENT "A"
FINDINGS FOR EXCEEDING THE STANDARD 22 FOOT HEIGHT LIMIT
(SECTION 30.16.010B7b OF THE MUNICIPAL CODE)
AND FINDINGS FOR APPROVAL OF A MINOR USE PERMIT
TO EXCEED THE SIZE, HEIGHT AND STORY LIMITATIONS
FOR DETACHED ACCESSORY STRUCTURES AND FOR
DEVELOPING WITHIN AN OPEN SPACE
(SECTION 30.74.070B OF THE MUNICIPAL CODE)
Resolution No. L-94-04
Case No. 94-027 DR/MIN
Applicant: Greg Jordan
Findinqs for Exceedinq the Standard 22 Foot Heiqht Limit Pursuant
to Section 30.16.010B7b of the Municipal Code:
1. The portion of the building outside of the standard envelope
maintains some of the significant views enjoyed by residents
of nearby properties.
Facts: The mezzanine proposed for the main structure exceeds the
standard 22 foot height envelope by eight feet for a maximum height
of 30 feet. The mezzanine is proposed to be constructed of metal
. and tempered glass. The mez zanine is to be accessed from the
master bedroom and the mezzanine will provide access to the second
story roof deck.
The detached accessory structure exceeds the standard 22 foot
height envelope by two feet for a maximum height of 24 feet and a
roof pitched at 2.5 and 12. The chimney proposed for the accessory
structure is also considered to exceed the envelope since it
attains a maximum height of 27 feet and is greater than 30 inches
in width.
Discussion: It does not appear that significant views enjoyed by
nearby properties would be affected by the height of mezzanine
addition or the detached accessory structure. An ocean view to the
west does exist from Eolus Avenue but can only be obtained from
second story additions. The properties fronting on Eolus directly
to the north and south of the site will not be affected by the
project since the mezzanine is limited in size and is set back from
the structure roofline. The adjacent residence which is located to
the northeast of the site and which utilizes the private road
easement maintains views to the northeast which will not be
affected by the proposed project since the project is located to
the south and outside of the view corridor. The properties to the
e~st are located significantly below and do not enjoy any westerly
Vlews.
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. Conclusion: since no existing views of nearby properties will be
affected by the subject project the Board finds that the portion of
the building outside of the standard envelope maintains some of the
significant views enjoyed by residents of nearby properties.
2. The building is compatible in bulk and mass with buildings on
neighboring properties.
Facts: The subject project is comprised of three elements. First
the project proposes to add a 388 square foot extension to the
existing family room. This element of the project is in
conformance with setback and height standards of the R-3 zone and
is not subject to any discretionary review associated with the
application.
The second element of the project includes a 345 square foot roof
deck above the existing second floor master bedroom and a 117
square foot mezzanine addition also to the master bedroom. The
proposed roof deck is in conformance with height and setback
standards in that roof decks are allowed to exceed the standard 22
foot envelope by an additional 4 feet (Section 30.l6.010B7.c) and
decks are allowed to encroach 4 feet into the front yard setback
(Section 30.16.0l0E.6); the deck is proposed at a height of
approximately 23 feet and it encroaches 2.5 feet into the required
25 foot front yard setback. The mezzanine is proposed with a
maximum height of 30 feet and exceeds the standard 22 foot height
. limit by 8 feet. The mezzanine is proposed to be constructed of
metal and tempered glass.
The third element of the project includes a 2400 square foot, two-
story, detached accessory structure which is comprised of an 800
square foot garage and a 400 square foot workshop on the bottom
level; and a 400 square foot recreation room, a 400 square foot
storage room, a lOO square foot staircase and a 300 square foot
patio on the upper level. The patio on the upper level is located
between the recreation room and storage room, and is enclosed on
three sides and covered with a solid roof.
The detached structure is proposed with off-white stucco, white
window frames, grey garage door and a corrugated metal roof. Other
than the metal roof the structure is proposed with materials
compatible with the main residence.
The detached accessory structure exceeds the standard 22 foot
height envelope by two feet for a maximum height of 24 feet and a
roof pitched at 2.5 and l2. The chimney proposed for the accessory
structure is also considered to exceed the envelope since it
attains a maximum height of 27 feet and is greater than 30 inches
in width.
Discussion: The general neighborhood is comprised of a mixture of
one-story and two-story structures. Since the mezzanine addition
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. is limited in size and is set back approximately 8.5' from the
front of the structure the bulk and mass of the addition is
minimized and compatible with the neighboring properties. story
poles were erected delineating the height and footprint of the
proposed mezzanine. with the story poles it was evident that the
mezzanine was heavily screened from view on Eolus Avenue due to the
existing trees located in the front yard of the subject site. The
detached accessory structure is compatible in that it is a minimal
height for a two story structure, and it cannot be viewed from the
street since it is located behind and below the main residence.
Additionally, the accessory structure appears as a one story
structure on the west elevation.
Although the detached accessory structure is of a size not
typically associated with an accessory use, it is compatible with
adjacent uses and residences; it cannot be viewed from the street,
it appears as a single level structure at the west elevation and it
is only 20 feet in width on the north and south elevations.
Although the structure is viewed as a two story structure on the
east elevation, the bulk and mass is offset since the structure
maintains a 25 foot rear yard setback, the rear of the site is a
40% slope whereby the property to the east drops off significantly
below the proposed structure.
Conclusion: The Board finds that the proposed mezzanine addition
to the main residence is compatible in bulk and mass with buildings
. on neighboring properties since two-story structures exist within
the neighborhood and since it is limited in size and is setback
from the front of the structure whereby the visual bulk and mass of
the residence is minimized. The Board further finds that the
proposed detached accessory structure is compatible in bulk and
mass with buildings on neighboring properties since it cannot be
viewed from the main street and since it appears as a single story
structure on the west elevation and maintains only a 20 foot width
on the north and south elevation whereby the visual bulk and mass
of the structure is minimized.
Findinqs for a Minor Use Permit Pursuant to section 30.74.070B of
the MuniciÞal Code:
1. The location, size design or operating characteristics of the
proposed project will not be incompatible with and will not
adversely affect and will not be materially detrimental to
adjacent uses, residences, buildings, structures or natural
resources, with consideration given to, but not limited to:
a. The adequacy of public facilities, services and utilities
to serve the proposed project;
b. The suitability of the site for the type and intensity of
use or development which is proposed; and
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c. The harmful effect, if any, upon environmental quality and
. natural resources of the city.
Facts: The detached accessory structure is proposed at 2400
square foot and includes two levels which is comprised of an
800 square foot garage and a 400 square foot workshop on the
bottom level; and a 400 square foot recreation room, a 400
square foot storage room, a 100 square foot staircase and a
300 square foot patio on the upper level. The patio on the
upper level is located between the recreation room and storage
room, and is enclos~d on three sides and covered by the
structure's solid metal roof. The detached structure is
proposed with off-white stucco, white window frames, grey
garage door and a corrugated metal roof. Other than the metal
roof the structure is proposed with materials compatible with
the main residence.
Upon review of the Open Space Easement Document No. 81-
239112 for the subject site, it has been determined that
development is permitted within the open space easement
if it can be demonstrated within an acoustical report
that the proposed development is within acceptable
exterior and interior noise levels established by the
General Plan and Chapter 30.40 of the Municipal Code.
An acoustical analysis report prepared for the project by
ABC Acoustics, dated December 9, 1993, on file in the
. Community Development Department, concludes that with the
incorporation of noise treatment measures the proj ect
would maintain acceptable exterior and interior noise
levels.
Discussion: As designed, the proposed project will not
compromise the single family residential nature of the subject
lot and/or surrounding neighborhood in that it is located to
the rear of the main residence and cannot be viewed from the
street. It is clearly an accessory use to the existing single
family residence in that it does not provide permanent living
space. It appears that the proposed project is compatible
with the surrounding single family residential properties and
will not adversely affect or be materially detrimental to them
since the project is screened from the street, appears as a
single story structure on the west elevation and maintains
only a 20 foot width on the north and south elevation. Public
facilities, services and utilities to serve the proposed
project are available. The Health Department has reviewed the
project and conditionally approved the project with the
requirement that the new septic tank and pit be installed
under permit prior to Health Department approval of the
building permit. The structure is proposed to be located on an
existing terraced pad which presently contains a chicken coop.
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The project acoustical engineer confirmed that the easterly
. solid wall of the proposed detached accessory structure
satisfies the noise treatment measure recommended on page 6 of
the acoustical report. To ensure that acceptable noise levels
are met, the project is conditioned to require that the
windows proposed on both sides of the stairway, which are part
of the open patio on the second level, shall be non-opening.
Within a geotechnical evaluation it is shown that original
site conditions maintained a 23% slope whereby the
Hillside/Inland Bluff provisions of the Municipal Code are not
applicable to the project since the grading into the existing
25% slope is not considered to be a negative impact to the
environmental quality or natural resources of the City due to
the fact that the slope has been altered.
Conclusion: The Board finds that the detached accessory
structure is compatible with and will not adversely affect and
will not be materially detrimental to adjacent uses,
residences, buildings, structures or natural resources.
2. The impacts of the proposed project will not adversely affect
the policies of the Encinitas General Plan or the provisions
of this Code.
3. The project complies with all other regulations, conditions or
. policies imposed by this Code.
Facts: The project site is located in the R-3 zone which
expressly allows for single family residential homes.
Pursuant to Section 30.48.040B and G of the Municipal Code;
detached garages, and detached storage buildings, workshops,
recreation rooms and other similar uses are allowed in zones
where Residential Use Types are permitted. The proposed
detached accessory structure includes two levels which is
comprised of an 800 square foot garage and a 400 square foot
workshop on the bottom level; and a 400 square foot recreation
room, a 400 square foot storage room, a 100 square foot
staircase and a 300 square foot patio on the upper level.
The subject site is located within the Scenic view Corridor
which runs parallel to the Interstate 5 freeway whereby Policy
4.9 of the General Plan is applicable to the subject site.
Upon review of Open Space Easement Document No. 81-239112 for
the subject site it was determined that development is
permitted within the open space easement if it can be
demonstrated within an acoustical report that the proposed
development is within acceptable exterior and interior noise
levels established by the General Plan and Chapter 30.40 of
the Municipal Code.
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Pursuant to Section 30.34.030B.2 of the Municipal Code,
. related to the Hillside/Inland Bluff Zone, there are
encroachment limitations for slopes of greater or equal to 25%
grade. A Slope Analysis, prepared for the subject site by
Logan Engineering, dated April 12, 1994 notes that with
existing conditions, the site contains 2701 square feet of
slopes greater than 25%, whereby 12.58% of the site is
comprised of slopes greater than 25%. Four hundred and two
square feet of the proposed detached accessory structure
encroaches into slopes greater than 25% which equates to an
encroachment into 14.88% of the slopes which are greater than
25%. The 14.88% encroachment exceeds the maximum lO%
encroachment permitted by Section 30.34.030B2.a of the
Municipal Code.
A geotechnical evaluation prepared by Cardiff Geotechnical,
dated April 18, 1994, shows that original site conditions
maintained a slope of approximately 23%.
Discussion: The impacts of the proposed project will not
adversely affect the policies of the existing Encinitas
General Plan or the provisions of the Municipal Code since the
construction of and use of the detached structure will not
change the current single family residential use.
The project is in conformance with Policy 4.9 of the General
. Plan in that the structure is setback 25 feet from the
easterly/rear property line, the roofline of the structure is
a low pitch, the maximum height of the structure is 24 feet,
the materials and colors are compatible with the surrounding
area and the structure is proposed in an area which was
previously disturbed.
An acoustical analysis report prepared for the project by ABC
Acoustics, dated December 9, 1993, concludes that with the
incorporation of noise treatment measures the project would
maintain acceptable exterior and interior noise levels. The
project is conditioned to require the windows proposed on both
sides of the stairway, which are part of the open patio on the
second level, to be non-opening.
Section 30.34.030B2.a of the Municipal Code refers to
encroachments into any area of greater than 25% slope in which
the natural landform is altered by grading. As shown in the
Geotechnical Evaluation, the existing site conditions are not
the natural landform, the natural landform is the original
site conditions which the Geotechnical evaluation states was
a 23% grade. It seems appropriate due to the scope of the
project and the fact that the site has been disturbed, to
utilize the original site conditions for review of the project
in relation to the Hillside/Inland Bluff Overlay Zone.
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Conclusion: The Board has determined that original site
. conditions were a 23% slope whereby the Hillside/Inland Bluff
Overlay Zone provisions do not apply to the subject project.
with conditions of approval and with authorization to exceed
the standard height limit, the Board determines that the
subject proposal will comply with the General Plan and all
provisions of the Municipal Code.
.
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ATTACHMENT liB"
. CONDITIONS OF APPROVAL
RESOLUTION NO. L-94-04
Applicant: Greg Jordan
Case No. 94-027 DR/MIN
Subject: Conditions of approval for a Design Review and
Minor Use Permit allowing an addition to an
existing single family residence and a proposed
accessory structure to exceed the standard 22 foot
height limit by eight feet for a maximum height of
30 feet and to allow the detached, 2400 square
foot, 24 foot high, two story accessory structure
to be constructed within an existing open space
easement and to exceed the size, height and story
limitations for detached accessory structures.
Location: 1589 Eolus Avenue
1. SPECIFIC CONDITIONS
A. All noise mitigation measures noted in the Acoustical
Analysis, prepared by ABC Acoustics, dated December 9,
1993, for the subject site met. Additionally, the
. windows proposed on both sides of the stairway, which is
part of the open patio on the second level, shall be non-
opening. The windows proposed for the other rooms can be
opened since the rooms are enclosed on all sides.
B. The 2400 square foot detached accessory structure which
includes a garage, workshop, storage room, recreation
room and open patio at a maximum height of 24' located at
1589 Eolus shall not be used for dwelling purposes. The
structure shall not be used as a second dwelling unit or
as a bedroom for the primary residence. Cooking
facilities, including hot plates and/or microwave ovens,
are prohibited. Building permit plans shall state "not
to be used for dwelling purposes. II The structure shall
not be rented and may not be used for the òperation of
any business unless authorized by a Home Occupation
Permit as set forth in Section 30.48.040,M of the City of
Encinitas Municipal Code.
C. The applicant shall execute and record a covenant to the
satisfaction of the Community Development Department
setting forth the terms and conditions of this approval
prior to issuance of building permits.
D. The accessory structure is approved in accordance with
the site plan, site section, floor plan, building
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. elevations and cross sections dated received by the City
of Encinitas on April 19, 1994, on file in the Department
of Community Development. A Minor Use Permit Compliance
Review shall be scheduled upon receipt of complaints
regarding suspected non-compliance with the conditions of
approval, and a compliance site inspection will be
scheduled by the appropriate staff. If it is found that
any aspects of the Minor Use Permit are violated, the
Code Enforcement Department will be notified and/or staff
will schedule the project for a Compliance Review Public
Hearing level for determination of appropriate action.
E. The new septic tank and pit shall be installed under a
separate building permit prior to Health Department
approval of the building permit related to the subject
project.
2. GENERAL CONDITIONS
A. This approval will expire on July 7, 1996, at 5:00 p.m.,
two years from the date of approval, 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 days from the date of this approval.
C. The project is approved as submitted/modified as
evidenced by the site plan, site section, floor plans,
building sections and building elevations consisting of
six pages and dated received by the City of Encinitas on
April 19, 1994 and as approved by the Leucadia Community
Advisory Board on July 7, 1994 and shall not be altered
without review and approval by the authorized agency.
D. 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;
E. 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 provided herein.
F. 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 submittal.
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G. Permits from other agencies will be required as follows:
. i. California Coastal Commission
ii. San Dieguito Water District
iii. County Department of Health Services
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND COMMUNITY
DEVELOPMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
3. SITE DEVELOPMENT
A. Prior to issuance of building permits all conditions of
approval contained herein shall be completed to the
satisfaction of the Director of Community Development.
B. For new residential dwelling unit(s), 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 made prior to issuance of
building permits.
C. 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 mezzanine and the detached accessory structure is
in compliance with the approved plans.
D. Minor modifications to this Design Review and Minor Use
Permit, if deemed to be in substantial conformance with
the original approval, may be approved, in writing, by
the Director of Community Development. The Director may
refer any modification request to the Leucadia Community
Advisory Board for their review/approval in accordance
with the Municipal Code.
E. All cost recovery fees associated with he processing of
the subject application shall be paid to the Department
of Community Development prior to building permit
issuance.
THESE ITEMS MUST BE COMPLETED PRIOR TO FINAL FIRE DISTRICT
APPROVAL. APPLICANT SHALL CONTACT THE ENCINITAS FIRE PROTECTION
DISTRICT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
4. FIRE
. A. Address numbers shall be placed in a location that will
allow them to be clearly visible from the street fronting
the structure. The height of the numbers shall conform
cd/DSL/RL94027.404 (7/12/94) -13-
to Encinitas Fire Protection District Standards. NOTE:
. Where structures are located off a roadway on long
driveways, a monument marker shall be placed at the
entrance where the driveway intersects the main roadway.
Permanent numbers shall be affixed to this marker.
B. Prior to building permit issuance the applicant shall
submit to the Community Development Department a letter
stating that all fees including plan check reviews and/or
cost recovery fees have been paid or secured to the
satisfaction of the Encinitas Fire Protection District.
C. Smoke detectors must be inspected by the Fire Department.
APPLICANT SHALL CONTACT THE ENGINEERING DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
5. Enqineering
All City Codes, regulations, and policies in effect at the
time of building permit issuance shall apply.
APPLICANT SHALL CONTACT THE BUILDING DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
. 6. Building:
A building permit is required for this project. Submit plans
and specifications to the Building Division for a complete
plan check and review. Please contact the Building Division
if you have specific questions about your plan submittal.
.
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