1991-05
RESOLUTION NO. L-91-05
A RESOLUTION OF THE LEUCADIA COMMUNITY ADVISORY BOARD
CITY OF ENCINITAS, APPROVING AN AMENDMENT TO
A DESIGN REVIEW PERMIT TO ALLOW
A SINGLE FAMILY RESIDENCE TO EXCEED
THE 26' HEIGHT LIMIT
LOCATED AT 2016 SHERIDAN ROAD
(CASE NUMBER 90-274 DR/AM; AMENDING CASE NO. 88-336-DR)
WHEREAS, a request for consideration of an amendment to a
previously approved Design Review Permit (Case No. 88-336-DR) was
filed by Donald MacDonald to allow a single family residence to
exceed the 26' height limit by 3.5' for a maximum height of 29.5',
as per section 30.16.010.B.7b of the City of Encinitas
Municipal/Zoning Codes, for the property located at 2016 Sheridan
Avenue legally described as;
SEE ATTACHMENT "A"
WHEREAS, a public hearing was conducted on the application on
March 7, 1991 as required by law; and all persons desiring to be
heard were heard; and
WHEREAS, the Leucadia community Advisory Board considered:
1. The staff report dated February 27, 1991;
2. The proposed General Plan, Local Coastal Program, Zoning
Code and maps;
3. Plans dated November 28, 1990 and dated received on
December 6, 1990.
4. Oral evidence submitted at the hearing; and
5. Written evidence submitted at the hearing.
WHEREAS, the Leucadia community Advisory Board of the City of
Encinitas made the following findings pursuant to Section
30.16.010.B.7B and 23.08.160.B 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.
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Evidence: Due to the relatively flat terrain of the
Sheridan Road area, any significant view corridors are
at the second story levels. The proposed design protects
significant views since the portion of the structure
which exceeds the 261 standard height limit is
approximately 556 sq. ft. which is less than half of the
proposed 1,160 sq. ft. addition. Additionally, the
portion exceeding the standard envelope is offset to the
rear of the residence.
2. That the building is compatible in bulk and mass with
building on neighboring properties.
Evidence: Of the thirteen homes which are directly
visible on Sheridan, six are two-story homes which are
similar in bulk and mass to the proposed project.
3. An extension to the Design Review permit may be granted
up to a total of two years provided no change in City
policies has occurred which would be in conflict with the
project.
Evidence: The project as proposed is in conformance with
the development standards of the R-3 zone and is
requesting to exceed the standard height envelope of 26'
by 3.5' pursuant to section 30.16.010B.7b of the current
zoning code.
NOW, THEREFORE, BE IT RESOLVED that the Design Review Permit
Amendment is approved and a two year extension is granted subject
to the following conditions:
Specific Conditions
1. Applicable conditions of the original Design Review
Permit as setforth in Resolution No. L-89-02 for Case No.
88-336-DR have been incorporated into this resolution.
This new resolution shall apply to said project Case No.
90-274 DR/AM and shall supersede Resolution L-89-02.
General Conditions
2. This approval will expire on February 16, 1993 two years
after the approval of this project unless the conditions
have been continually complied with.
3. This approval may be appealed to the authorized agent
within 15 days from the date of this approval;
4. 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;
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5. 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;
6. 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;
7. All Permits from other agencies shall be required when
applicable;
8. Prior to issuing a final inspection on framing, the
applicant shall provide a survey from a civil engineer
or licensed surveyor verifying the building height is in
compliance with the approved plans;
9. Project is approved as submitted/modified as evidenced
by the plot plan, elevations and floor plan dated
November 28, 1990 received by the City of Encinitas on
December 6, 1990 and signed by a City Official as
approved by the Leucadia Community Advisory Board on
March 7, 1991 and shall not be altered without Planning
and Community Development review and approval;
10. 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 and
Park Fees. These fees shall be paid prior to:
a. Building permit issuance and/or
b. Final inspection
as deemed necessary by the appropriate agency;
Fire Conditions
11. Address numbers shall be clearly visible form 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;
12. Prior to final approval, the applicant shall submit a
letter from the Fire District stating that all
development impact, plan check and/or cost recovery fees
have been paid or secured to the satisfaction of the
District;
13. Structures shall be protected by automatic fire sprinkler
systems. Sprinkler systems shall be installed to the
satisfaction of the Encinitas Fire Protection District;
Grading Conditions
14. The developer shall obtain a grading permit prior to the
commencement of any clearing or grading of the site;
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15. The grading for this project is defined in Chapter 23.24
of the Encini tas 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;
Drainaqe Conditions
16. Any change to the natural drainage or concentration of
drainage shall be adequately handled and shall not impact
adjacent properties;
17. Concentrated flows across driveways and/or sidewalks
shall not be permitted.
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, pursuant to Section 15301 Class l(e) (1) and
Section 15303, Class 3a 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
I'
~I lr\.-)
Alice Jacobson Chairperson of the
Leucadia Comm 'ty Advisory Board
ATTEST:
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ATTACHMENT "A"
PARCEL 1:
THAT PORTION OF LOT 8, SECTION 33, TOWNSHIP 12 SOUTH, RANGE 4 WEST,
SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY
APPROVED OCTOBER 25, 1875, DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT ON THE SOUTH LINE OF SAID LOT 8, DISTANT
THEREON NORTH 89°581 EAST 129.91 FEET FROM THE SOUTHWEST CORNER OF
SAID LOT 8, BEING A POINT IN THE CENTER LINE OF COUNTY ROAD AS
SHOWN ON MAP OF COUNTY ROAD SURVEY NO. 346, IN THE OFFICE OF THE
COUNTY SURVEYOR OF SAN DIEGO COUNTY; THENCE NORTH 1°33' WEST 447.13
FEET; THENCE NORTH 88°27' EAST 192.86 FEET TO POINT "A" OF THIS
DESCRIPTION; THENCE CONTINUING NORTH 88°27' EAST 191.14 FEET;
THENCE SOUTH 1°33' EAST 250.77 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING SOUTH 1°33' EAST 73.51 FEET TO POINT "B" OF THIS
DESCRIPTION; THENCE SOUTH 89°29152' WEST 191.17 FEET TO A POINT IN
A LINE WHICH BEARS SOUTH 1°33' EAST 320.78 FEET FROM SAID POINT
"A"; THENCE NORTH 1°331 WEST ALONG SAID LINE 72.00 FEET; THENCE
EASTERLY IN A STRAIGHT LINE TO THE TRUE POINT OF BEGINNING.
EXCEPTING THAT PORTION THEREOF, IF ANY, HERETOFORE OR NOW LYING
BELOW THE MEAN HIGH TIDE LINE OF THE PACIFIC OCEAN OR ANY SO-CALLED
ARM OF THE SEA.
EXCEPTING ALL MINERALS, OIL, GAS AND OTHER HYDROCARBONOUS
SUBSTANCES WHICH MAY BE IN OR UNDER SAID PREMISES TOGETHER WITH THE
SOLE AND EXCLUSIVE RIGHT TO DRILL AND EXPLORE FOR AND DEVELOP,
PRODUCE, EXTRACT AND TRANSPORT THE SAME, TOGETHER WITH ALL RIGHTS
OF INGRESS AND EGRESS, RIGHTS OF WAY FOR PIPE LINES AND SITES FOR
STRUCTURES THAT MAY BE NECESSARY OR CONVENIENT FOR SUCH PURPOSES,
TOGETHER WITH THE SOLE AND EXCLUSIVE RIGHT TO LEASE SAID PREMISES
OR ANY PART THEREOF TO OTHERS FOR SUCH PURPOSES OR ANY OF THEM, AS
EXCEPTED IN THE DEED FROM F. H. TOLLE AND WIFE DATED JANUARY 11,
1929 AND FILED FOR RECORD IN BOOK 1568, PAGE 492 OF DEEDS IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA.
PARCEL 2:
AN EASEMENT AND RIGHT OF WAY FOR ROAD PURPOSES, OVER, UNDER, ALONG
AND ACROSS A 20.00 FOOT STRIP OF LAND, THE EASTERLY LINE WHICH IS
DESCRIBED AS FOLLOWS:
BEGINNING AT POINT "BII ABOVE DESCRIBED; THENCE SOUTH 1°33' EAST
108.08 FEET TO A POINT ON THE CENTER LINE OF SAID COUNTY ROAD
SURVEY NO. 346.
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