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;
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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.
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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;
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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
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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.
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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
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