1988-30
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RESOLUTION NUMBER: L88-30
A RESOLUTION OF THE LEUCADIA COMMUNITY ADVISORY BOARD OF THE
CITY OF ENCINITAS, APPROVING
-..- A DESIGN REVIEW TO ALLOW AN ADDITION TO
AN EXISTING RESIDENCE LOCATED AT
1671 GASCONY ROAD
(CASE NUMBER 88-260 DR)
WHEREAS, a request for consideration of a Design REview
was filed by Richard Hori to allow an addition to an existing
residence to exceed the interim height ordinance to allow
construction of a 30 foot 6 inch tall structure with the
Coastal Resource Protection area, as per Chapter 23.08 of the
City of Encinitas Municipal/Codes and Section 5950 through 5957
and 5210 of the Zoning Ordinance, for the property located at
1671 Gascony Road, also known as assessors parcel number 254-
172-12 legally described as;
See Attachment "A"
WHEREAS, a public hearing was conducted on the application
on October 27, 1988; and
WHEREAS, the Leucadia Community Advisory Board of the City
of Encinitas considered:
1. The staff report dated October 17, 1988;
2. The application and maps submitted by the applicant;
3. Oral evidence submitted at the hearing;
4. Written evidence submitted at the hearing; and
5. The proposed General Plan, Local Coastal Plan, the
Zoning Code and maps.
WHEREAS, the Leucadia Community Advisory Board of the City
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of Encinitas made the following findings pursuant to the
Municipal Codes:
..
SEE ATTACHMENT "B"
NOW, THEREFORE, BE IT RESOLVED by the Leucadia Community
Advisory Board of the City of Encinitas that application 88-260
DR is hereby approved subject to the following conditions:
SEE ATTACHMENT "c"
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, Section 15303(a), pursuant
to the California Environmental Quality Act (CEQA), as the
proposal is for an addition to an existing residential
- structure.
PASSED AND ADOPTED this 27th day of October, 1988, by the
following vote, to wit:
AYES: Eldon, Dean, Harwood, Goldstein
NAYS: None
ABSENT: Reed ~~.
M1cha I Gol ste1n
Chairman of the Leucadia
Community Advisory Board
of the City of Encinitas
Planner
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ATTACHMENT IIAII
Parcell:
All of Lot 1 and the North 31.13 feet of Lot 2 of Crest Acres, in
the County of San Diego, State of California, according to the Map
thereof No. 2019, filed in the office of the County Recorder of
said San Diego County. May 3, 1927. EXCEPTING from said Lot 1
that portion lying Northerly of a line drawn from a point on the
West line of said Lot, distant thereon 90.00 feet Southerly from
the Northwest corner thereof, to a point on the East line of said
Lot, distant thereon 66.81 feet Southerly from the Northeast corner
of said Lot 1.
Parcel 2:
Lot 2, EXCEPTING the Northerly 31.13 feet thereof, and Lot 3,
EXCEPTING the Southerly 126.81 feet, all being in Crest Acres, in
the State of California, County of San Diego, according to Map
thereof No. 2019, filed in the office of the Recorder of San Diego
County, May 3, 1927.
Parcel 3:
The Southerly 126.81 feet of Lot 3 of Crest Acres, in the County
of San Diego, State of California, according to Map thereof No.
2019 filed in the office of the County Recorder of San Diego
County, May 3, 1927.
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ATTACHMENT "B"
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FINDINGS FOR DESZGN REVIEW (SECTION 23.08 MUNICIPAL CODE)
23.08.072 REGULATORY CONCLUSIONS - GENERALLY.
1. The project design is consistent with the General Plan,
a Specific Plan or the provisions of this Code.
Bvidence to Consider:
The proposed project is consistent with the present RR-
2 Zoning, the #3 Residential designation of the present
General Plan and the R-3 Residential designation of the
Land Use Policy Map of the city's Draft General Plan as
the use is allowed in these designated zones.
2. The project design is substantially consistent with the
Design Review Guidelines.
Evidence to Consider:
The proposal preserves some significant views enjoyed by
nearby properties to the full extent practical, reflects
an acceptable level of design appearance, takes into
consideration the privacy needs of the abutting
residential area, incorporates significant landscaping
- into the project, and otherwise substantially conforms
with the City's adopted design criteria.
3. The project will not adversely affect the health, safety
or general welfare of the community.
Evidence to Consider:
Having identified no aspects in which this proposal could
have any significant adverse impacts on the environment,
a determination that this project is exempt from CEQA per
Section 15303(a) has been made.
4. The project will not tend to cause the surrounding
neighborhood to depreciate materially in appearance or
value.
Evidence to Consider:
The Board determined that the project represents a
substantial improvement to the subject property and thus
will not be materially detrimental to the surrounding
neighborhood.
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5. The proposed project is compatible in structural size
(bulk and mass) to adjacent properties as the proposed
structure is two stories and residential in appearance.
6. There is reasonable probability that the land use and
design proposed will be consistent with the General Plan
proposal being considered or studies since the proposed
General Plan is consistent with the currently adopted
General Plan.
7. There is little or no probability of substantial
detriment to or interference with the future adopted
General Plan if the proposed design is ultimately
inconsistent with the plan, since the project is allowed
by the proposed General Plan.
8. The proposed project is in conformance with Section
23.08.074 of the Design Review Ordinance relative to
Design and Site Layout as the proposal is to site the
project within the area adjacent to the existing home;
this area is generally a level building site.
9. The proposed project is in conformance with Section
23.08.076 of the Design Review Ordinance relative to
Building Design in that the structures are designed to
blend in with the adjacent structures and incorporate
similar finish materials.
10. The proposed project is in conformance with Section
23.08.077 of the Design Review Ordinance relative to
Landscape Design in that the proposed project is
preserving the naturally vegetated site.
11. The proposed project design does preserve significant
public views of and through the proposed project to the
extent possible as the proposed addition will be adjacent
to the existing structure, and that the Board has
determined that some of the significant views are being
maintained for neighboring properties with the project
as designed.
12. The project takes advantage of views and/or protects to
the extent possible, some of the significant views
enjoyed by the residents of nearby properties, since it
is proposed to be constructed in a location on the site
so as not to block a substantial portion of adjacent
significant views.
13. The proposed design complies with all other applicable
requirements of state law and local ordinances.
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ATTACHMENT "C"
I. SPECIFIC CONDITIONS
1. Erosion control devices to prevent or retard erosion to
the steep slope areas and drainage to direct surface
water away from the steep slope area shall be
incorporated and well maintained at all times.
2. All light fixtures shall be designed and adjusted to
reflect light downward, away from any road or street,
and away from any adjoining premises, and shall otherwise
conform to Sections 6322 or 6324 of the Zoning Ordinance.
3. Developer to merge lots, obtain a boundary adjustment,
or submit evidence to insure that the structure as
proposed will be a minimum of 10 feet from any exterior
property line.
II. STANDARD CONDITIONS
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND
COHHUNITY DEVELOPMENT REGARDING COMPLIANCE WITH THE FOLLOWING
CONDITIONS (ITEMS 3. THROUGH 23.):
GENERAL CONDITIONS
4. This approval will expire on October 27, 1990, after the
approval of this project unless the conditions have been
met or an extension has been approved by the authorized
agency (agent).
5. This approval may be appealed to the authorized agency
(agent) within 10 days from the date of this approval.
6. In the event that any of the conditions of this permit
are not satisfied, the Planning and Community Development
Department shall cause a noticed hearing to be sent
before the authorized agency (agent) to determine why the
City of Encinitas should not revoke this permit.
7. Upon a showing of compelling public necessity
demonstrated at a noticed hearing, the City of Encinitas,
acting through the authorized agency (agent), may add,
amend, or delete conditions and regulations contained in
this permit.
8. Nothing in this permit shall authorize the applicant to
intensify the authorized activity beyond that which is
specifically described in this permit.
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9. Approval of this request shall not waive compliance with
any sections of the Zoning Development Code and all other
applicable City Ordinances in effect at the time of
Building Permit issuance.
10. 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.
11. This approval shall become null and void if building
permi ts are not issued for this proj ect wi thin two
year(s) from the date of project approval.
12. Permits or findings of exemption shall be obtained
from other agencies as follows:
a. Coastal Commission
13. 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 design review permit.
14. Although the Zoning Ordinance may allow certain building
heights as two story structures, the U.B.C. may define
the structure as a three story building requiring an
additional exit or other improvements.
15. The application is approved as submitted/modified and
shall not be altered without authorized agency (agent)
review and approval.
16. For new or additions to 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. These fees shall be paid prior to
(as applicable):
a. Building permit issuance; or
b. Final occupancy inspection.
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SITE DEVELOPMENT
17. The site shall be developed in accordance with the
approved site plans on file in the Planning and Community
Development Department and the conditions contained
herein.
18. Revised (if applicable) site plans and building
elevations incorporating all conditions of approval or
required modifications shall be submitted to and found
satisfactory by the Planning and Community Development
Department prior to issuance of building permits or any
other applicable approvals.
19. All roof appurtenances, including air conditioners, shall
be architecturally integrated, shielded from view and
sound buffered from adjacent properties and streets as
required and approved by the authorized agency (agent).
20. Prior to any use of the project site or business activity
being commenced thereon, all conditions of approval
contained herein shall be completed to the satisfaction
of the Director of the Planning and Community Development
Department.
21. Building identification and/or addresses shall be placed
on all new and existing buildings so as to be plainly
visible from the street or access road; color of
identification and/or addresses shall contrast with their
background color.
22. Building elevations, materials and colors are approved
as submitted or modified.
23. Any change to the natural drainage or concentration of
drainage shall be adequately handled and shall not impact
adjacent properties.
24. Driveways shall meet the standards of the Zoning
Ordinance, Pub I ic Works Standards, and the off street
Parking Design Manual.
25. Submit a letter from the Encinitas Fire Protection
District stating satisfaction with the type and location
of Fire hydrants and the minimum required water flow in
gallons per minute together with a letter from the
appropriate agency certifying that the fire department.s
minimum required water flow is available to serve the
site. Provisions shall be made to ensure a maximum water
pressure at the fire hydrant of 150 psi. The
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installation of a pressure reducing station may be
required. Required fire hydrants shall be of a bronze
type.
APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS: (ITEMS 26. THROUGH
37. ):
GRADING
26. Grading of the subject property shall be in accordance
with the Grading Ordinance.
27. A soils/geological/hydraulic report (as applicable) shall
be prepared by a qualified engineer licensed by the state
of California to perform such work:
a. Prior to building permit issuance; or
b. At first submittal of a grading plan.
28. The final grading plan shall be subject to review and
approval by the Public Works Department and shall be
completed prior to recordation of the final subdivision
map or issuance of building permit, whichever comes
first.
STREETS AND SIDEWALKS
(The authorized agency may modify City standards in particular
cases. The application of a request for such modification
must show special circumstances or conditions affecting the
property in question; and that such modification is necessary
for the preservation and enjoyment of substantial property
right of the applicant; and that the modification will not be
materially detrimental to the public welfare or injurious to
other property in the immediate vicinity pursuant to Municipal
Code(s).)
29. All damaged off-site public works facilities, including
parkway trees, shall be repaired or replaced prior to
exoneration of bonds and improvements, to the
satisfaction of the Department of Public Works.
30. 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.
31. Developer shall execute and record a covenant with the
County Recorder agreeing not to oppose the formation of
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an assessment district to fund the installation of right-
of-way improvements.
32. All Irrevocable Offers of Dedication (I.O.D.) shall be
made for 10 feet along Gascony Road adjacent to the
property for public right-of-way purposes.
Glascony Road is classified as a local street requiring
a 60 foot right-of-way or 30 feet from the official
centerline of such street.
33. Portland cement concrete cross gutters shall be installed
where water crosses the roadways.
34. Concentrated flows across driveways and/or sidewalks
shall not be permitted.
35. All new proposed utilities within the project shall be
installed underground including existing utilities unless
exempt by the Municipal Code.
36. That all required improvements conform to City standards.
37. The Director of Public works or his designee or the
authorized agency (agent) has the authority to waive or
modify any conditions within this document.
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