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1991-06 RESOLUTION NO. L-91-06 A RESOLUTION OF THE LEUCADIA COMMUNITY ADVISORY BOARD CITY OF ENCINITAS, APPROVING A DESIGN REVIEW PERMIT TO ALLOW A SINGLE FAMILY RESIDENCE TO EXCEED THE 261 HEIGHT LIMIT LOCATED AT 645 OCEAN VIEW AVENUE (CASE NUMBER 90-275 DR) WHEREAS, a request for consideration of a Design Review Application was filed by Benjamin Redman to allow a single family residence to exceed the 261 height limit, as per section 30.16.010 of the City of Encinitas Municipal/Zoning Codes, for the property located at 645 Ocean View Avenue, legally described as; That portion of Lot 24 in Block 1 of Avocado Acres, in the County of San Diego, State of California, according to Map thereof No. 1791 filed in the Office of the County Recorder of San Diego County, April 29, 1924, lying westerly of the westerly line of California State Highway XI-SD-2-A as described in deed to the State of california, by deed recorded February 5, 1962 as File No. 20340 of Official Records. AKA: 645 Ocean View, Encinitas, CA 92024 WHEREAS, public hearings were conducted on the application on February 7, and March 7, 1991; and WHEREAS, the Leucadia Community Advisory Board considered: 1. The staff reports dated January 18, and February 15, 1991; DL/04/CRO8-719wp5 1(3-11-91/4) 2. The proposed General Plan, Local Coastal Program, Zoning Code and maps; 3. Plans submitted January 16, 1991; 4. Oral evidence and photo board submitted at the hearing; and 5. Written evidence submitted at the hearing. WHEREAS, the Leucadia community Advisory Board made the following findings: 1. The portion of the building outside of the standard envelope maintains some of the significant views enjoyed by residents of nearby properties. Evidence: The proposed project will extend 3~' at certain points above the required 261 building envelope. The property abuts the I-5 freeway, and will not impact any significant views since there are no significant view corridors through the subject site. 2. That the building is compatible in bulk and mass with buildings on neighboring properties. Evidence: There are few homes on Ocean View which are two stories facing the street. Mostly, the homes on the east side of the street have two story elements at the rear of the property due to the slope towards the I-5 freeway. However, most of the homes appear to have been built years ago. The subject lot is .77 acres 33,541 sq. ft., and surrounding lots range from 14,400 square feet to 37,461 square feet. The residence is proposed to be 2,223 square feet with an 808 square foot attached garage for a total of 3031 sq. ft. The proposed residence appears to be compatible with some of the homes along Ocean View as evidenced by photos submitted by the applicant since the square footages range in size from 1,900 to 5,000 square feet, the average size home being 2,650 square feet. The applicant presented a total of 19 homes on Ocean View, with square footage for 11 of those homes. DL/04/CRO8-719wp5 2(3-11-91/4) NOW, THEREFORE, BE IT RESOLVED that the Design Review Permit is approved subject to the following conditions: General Conditions 1. This approval will expire on March 7, 1993, two years after the approval of this project unless the conditions have been continually complied with or an extension has been approved by the Authorized Agency; 2. This approval may be appealed to the authorized agent within 15 days from the date of this approval; 3. At all times during the effective period of this permit, the applicant shall obtain and maintain in valid force and effect, each and every license and permit required by a governmental agency for the operation of the authorized activity; 4. At no time during the effective period of this permit shall the applicant be delinquent in the payment of taxes or other lawful assessments relating to the property which is the subject of this permit; 5. 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; 6. 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 if applicable; 7. This approval shall become null and void if building permits are not issued for this project within two years from the date of project approval, if applicable; 8. All Permits from other agencies will be required when applicable; 9. Address numbers shall be clearly visible from the street fronting the structure. Where structures are located off a roadway on long driveways, a monument shall be placed at the entrance where the driveway intersects the main roadway. Permanent address numbers shall be displayed on this monument; DL/04/CRO8-719wp5 3(3-11-91/4) 10. Prior to final approval, the applicant shall submit a letter from the Fire District stated that all development impact, plan check and/or cost recovery fees have been paid or secured to the satisfaction of the District; and 11. structures shall be protected by automatic fire sprinkler systems. Sprinkler systems shall be installed to the satisfaction of the Encinitas Fire Protection District. Gradinq Conditions 12. The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site. 13. 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. 14. No grading shall occur outside the limits of the PROJECT unless a letter of permission is obtained from the owners of the affected properties. 15. A separate grading plan shall be submitted and approved and a separate grading permit issued for the borrow or disposal site if located within the city limits. 16. All slopes within this project shall be no steeper than 2: 1. 17. A soils/geological/hydraulic report (as applicable) shall be prepared by a qualified engineer licensed by the State of California to perform such work at first submittal of a grading plan. 18. Prior to hauling dirt or construction materials to any proposed construction site within this project the developer shall submit to and receive approval from the City Engineer for the proposed haul route. The developer shall comply with all conditions and requirements the city Engineer may impose with regards to the hauling operation. Drainaqe Conditions 19. The developer shall exercise special care during the construction phase of this proj ect to prevent any offsi te siltation. The developer shall provide erosion control DL/04/CRO8-719wp54(3-11-91/4) measures and shall construct temporary desiltation/detention basins of type, size 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. 20. 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. 21. Concentrated flows across driveways and/or sidewalks shall not be permitted. 22. The drainage system shall be designed to ensure that runoff resulting from a 100-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 capacities necessary to accomplish the desired results. Street Conditions 23. 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. 24. Prior to any work being performed in the public right- of-way, a right-of-way construction permit shall be obtained from the Public Works office and appropriate fees paid, in addition to any other permits required. 25. 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. DL/04/CRO8-719wp5 5(3-11-91/4) utilities 26. The developer shall comply with all the rules, regulations and design requirements of the respective utility agencies regarding services to the project. 27. The developer shall be responsible for coordination with S.D.G. & E., Pacific Telephone, and other applicable authorities. 28. All proposed utilities within the project shall be installed underground including existing utilities unless exempt by the Municipal Code. Specific Conditions 29. The applicant shall obtain an I.O.D. waiver of the right- of-way requirement at the front yard of his property. If a waiver is not obtained, the applicant is to adjust the residence to comply with the required 25' front yard setback or receive approval of a variance from the front yard setback requirements. NOW, THEREFORE, BE IT RESOLVED by the Leucadia Community Advisory Board of the City of Encinitas that: (1) This project was found to be exempt from environmental review, section 15301 of CEQA. PASSED AND ADOPTED this 7th day of March, 1991, by the following vote, to wit: AYES: Buck, Eldon, Gilholm, Jacobson NAYS: None ABSENT: Allen ABSTAIN: None .~ , Chairperson of the nity Advisory Board ATTEST: . Y¡à/¿,~' ~ Diane Langager Acting Assista DL/04/CRO8-719wp5 6(3-11-91/4)