1994-01
RESOLUTION NO. L-94-01
8 A RESOLUTION OF THE LEUCADIA COMMUNITY ADVISORY BOARD
OF THE CITY OF ENCINITAS
APPROVING A DESIGN REVIEW PERMIT
FOR A 1297 ADDITION TO AN EXISTING SINGLE FAMILY RESIDENCE
TO EXCEED THE STANDARD 16' HEIGHT LIMIT BY 13 FEET
FOR A MAXIMUM STRUCTURE HEIGHT OF 29'
FOR PROPERTY
LOCATED AT 1465 EOLUS AVENUE
(CASE NO. 94-004 DR)
WHEREAS, a Design Review application was filed by Jane Hapgood
pursuant to Section 30.16.010B7b of the City of Encinitas Municipal
Code to allow a l297 square foot addition to a single family
residence to exceed the standard 16' height limit by l3 feet for a
maximum structure height of 29' on property located at l465 Eolus
Avenue and legally described as;
That portion of Lot 4 in Block "K" of SOUTH COAST PARK ANNEX,
in the County of San Diego, State of California, according to
8 the Map thereof No. 1788, filed in the Office of the County
Recorder on March 29, 1924, Described as follows:
Beginning at the Southwesterly corner of said Lot 4; thence
North 14°23'30" West along the Westerly line of said Lot, a
distance of 169.91 feet to the mid-point of the Westerly line
of said Lot 4; thence North 86°12'08" East along a line
intersecting the mid-point of the Easterly line of said lot,
a distance of 2l0.04 feet; thence South 13°l8'57" East 131.l7
feet to a point on the Southerly line of said Lot 4; thence
south 75°34' West along said Southerly line 204.00 feet to the
true point of beginning.
Excepting therefrom that portion lying southerly of a Straight
line connecting the mid-point of the Westerly line of the
above described property with the mid-point of the Westerly
line of the above described property with the mid-point of the
Easterly line of the above described property.
WHEREAS, a public hearing was conducted by the Leucadia
Community Advisory Board on February 10, 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
8
without limitation:
a. Site plan, site profile, floor plans, building sections
and building elevations consisting of six pages and dated
received by the City of Encinitas on January 7, 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 (94-004
DR) for the meeting of February lO, 1994; which is on
file in the Department of Community Development; and
e. Additional written documentation.
WHEREAS, the Leucadia Community Advisory Board made the
following findings pursuant to Section 30.16.010B7b of the
Municipal Code.
8 (SEE ATTACHMENT "A")
NOW THEREFORE, BE IT RESOLVED by the Leucadia Community
Advisory Board of the City of Encinitas that Design Review
application No. 94-004 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:
This project was found to be exempt from environmental
review under Section 15301, class l(e) (1) of the State
CEQA Guidelines.
8 cd/DSL/SR94004.L1 -2-
8 PASSED AND ADOPTED this 10th day of February 1994 by the
following vote, to wit:
Ayes: Boardmembers Buck, Burkhart, Eldon, Fahlberg and Hughes
Nays: None
Absent: None
Abstain: None
Marilyn Bu Chairperson of the
Leucadia Community Advisory Board
ATTEST:
D: ai;e' ~~a-;'~ ag ~¡;-L:- }~)¿~
8
Asslstant Planner
8 cd/DSL/SR94004.Ll -3-
8 ATTACHMENT "A"
FINDINGS FOR EXCEEDING THE STANDARD 16 FOOT HEIGHT LIMIT
(SECTION 30.16.010B7b of the MUNICIPAL CODE)
Resolution No. L-94-01
Case No. 94-004 DR
Applicant: Jane Hapgood
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 proposed addition is located on the east side of the
existing structure, at approximately 4' below street level. An 8"
cut is proposed on the rear portion of the existing building pad
area in order to accommodate the proposed addition. The maximum
structure height proposed is 29' which occurs approximately 55'
back from the property line. Due to the four foot drop in grade on
the rear of the building pad the highest portion of the addition is
four feet above the existing 21 foot high residence.
Discussion: An ocean view to the west does exist from Eolus Avenue
but can only be obtained from second story additions. The subject
8 project will not affect the existing view corridors of the
properties to the north and south since the addition is set back a
minimum of 43 feet from the street. Due to the steep slope at the
rear of the site and the existing 30' high pine trees, the
properties to the east do not maintain a view corridor and will not
be affected by the project.
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 existing split level residence is comprised of a 672
square foot garage on the lower level, 650 square feet of living
area on the first floor and 696 square feet of living area on the
upper level. The upper level is located directly over the existing
garage. The 1297 square foot addition is comprised of a 607 square
foot family room, a 50 square foot bathroom, a 200 square foot
mezzanine, and a 440 square foot garage. The proposed garage will
be located directly below the proposed family room and bathroom.
The proposed family room and bathroom will be at the same level as
the existing first floor living area. The family room/bathroom
8 cd/DSL/SR94004.L1 -4-
addition will be accessed from the existing living area at the
8 north end of the structure. The proposed garage will only have
outside access via the garage door located on the north elevation.
A concrete driveway will be added on the north end of the site to
allow for vehicular access to the proposed garage. In order to
accommodate the driveway and vehicular access to the garage
portions of the existing retaining wall will be reconstructed.
The proposed addition is located on the east side of the existing
structure, at approximately 4' below street level. An 8" cut is
proposed on the rear portion of the existing building pad area in
order to accommodate the proposed addition. The maximum structure
height proposed is 29' which occurs approximately 55' back from the
property line. Due to the four foot drop in grade on the rear of
the building pad the highest portion of the addition is four feet
above the existing 21 foot high residence.
Discussion: The neighborhood is comprised primarily of one-story
structures, however a two-story structure exists directly to the
south and a few two story structures do exist farther down the
street to the south of the site. Since the addition is located to
the rear of the existing structure and only portions of the
addition will be viewed from the street the visual bulk and mass of
the resulting residence is minimized and compatible with the
neighboring properties.
8 Conclusion: The Board finds that the proposed two story structure
is compatible in bulk and mass with buildings on neighboring
properties since some two-story structures exist within the
neighborhood and since only a portion of the addition can be viewed
from the street the visual bulk and mass of the residence is
minimized.
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8 ATTACHMENT "B"
CONDITIONS OF APPROVAL
RESOLUTION NO. L-94-01
Applicant: Jane Hapgood
Case No. 94-004 DR
Subject: Conditions of approval for a Design Review Permit
allowing a 1297 square foot addition to a single
family residence to exceed the standard 16' height
envelope by 13' for a maximum structure height of
29'.
Location: 1465 Eolus Avenue
1. GENERAL CONDITIONS
A. This approval will expire on February 10, 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.
8 C. The project is approved as submitted/modified as
evidenced by the site plan, site profile, floor plans,
building sections and building elevations consisting of
six pages and dated received by the City of Encinitas on
January 7, 1994, as approved by the Leucadia Community
Advisory Board on February 10, 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
lssuance.
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:
8
i. California Coastal Commission
ii. San Dieguito Water District
iii. Encinitas Sanitary District
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND COMMUNITY
DEVELOPMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
2. 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 issuing a final inspection on the framing, the
applicant shall provide a survey from a licensed surveyor
8 or a registered civil engineer verifying that the
building height is in compliance with the approved plans.
D. Minor modifications to this Design Review, 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 the processing of
the subject application shall be paid to the Department
of Community Development prior to building permit
issuance.
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THESE ITEMS MUST BE COMPLETED PRIOR TO FINAL FIRE DISTRICT
8 APPROVAL. APPLICANT SHALL CONTACT THE ENCINITAS FIRE PROTECTION
DISTRICT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
3. FIRE
A. Address numbers shall be placed in a location that will
them to be clearly visible from the street fronting the
structure. The height of the numbers shall conform to
Encinitas Fire Protection District Standards.
B. Prior to building permit issuance the applicant shall
verify to the Planning Department that all development
impact, plan check 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:
4. Enqineering
All City Codes, regulations, and policies in effect at the
8 time of building permit issuance shall apply.
APPLICANT SHALL CONTACT THE BUILDING DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
8. Building:
A. The applicant shall submit a complete set of construction
plans to the Building Division for review. The submittal
shall include structural calculations and details,
complete framing plans and details, a site plan and floor
plan showing state mandated disabled access requirements,
state Energy compliance documentation and a Soils Report
which includes recommendations for the design of the
foundation. Submitted plans will be reviewed for
compliance with state Title 24, the 1991 Editions of the
Uniform Building Code, the Uniform Mechanical Code, the
Uniform Plumbing Code and the 1990 Edition of the
National Electrical Code. Please note that proj ect
review comments are not intended to be a comprehensive
plan review of applicable Building Codes and additional
comments will be made after plans have been submitted to
the Building Division for plan check.
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