Loading...
1988-30 -------- ------------------..---...........-..-..---.. ..---- 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 Rt';:-- J2/CABI1-1043wp 1 (10/21/88-1) CASE NUMBER: 88-260 DR PAGE 1 OF 10 -'---'--'---..- ---'.. ._.._---_.~-~-_._- ....-----..--....--- -.., --- _...---_.- 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 R~~O2/CABI1-1043wp 2(10/21/88-1) CASE NUMBER: 88-260 DR PAGE 2 OF 10 - ------"---"----"--------...--... ...- -"--_..._-_..~,-_._------ 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. RF/02/CAB11-1043wp 3(10/21/88-1) CASE NUMBER: 88-260 DR PAGE 3 OF 10 - --------"----'-------'---.___m______,---..-----..","- ATTACHMENT "B" -- 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. RF/02/CABII-I043wp 4(10/21/88-1) CASE NUMBER: 88-260 DR - PAGE 4 OF 10 ---,-- -----,-.. "-------'-- 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. RF/02/CABII-I043wp 5(10/21/88-1) CASE NUMBER: 88-260 DR - PAGE 5 OF 10 -' ~-_.. --.. -..~-.._....__.-......_-_.._---_..- 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. RF/02/CABII-I043wp 6(10/21/88-1) CASE NUMBER: 88-260 DR PAGE 6 OF 10 - ----------"--"'-----------"------m______- -.. -""""'----....- 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. RF/02/CABII-I043wp 7(10/21/88-1) CASE NUMBER: 88-260 DR PAGE 7 OF 10 - -"'-'--"-.""'-'---"-".'---'-"""--"-"-"'."""",-,w_...-.-.....---....-.--...-....-. 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 RF/02/CABI1-1043wp 8(10/21/88-1) CASE NUMBER: 88-260 DR PAGE 8 OF 10 - - -_.__.._--~_......__o._--_o_...._----_.._._-._.._.._-- 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 RF/02/CABI1-1043wp 9(10/21/88-1) CASE NUMBER: 88-260 DR PAGE 9 OF 10 - ~-- -- "---"-- ---'--.-----------.. -..---- ,,--_.. ---"'-- .------ 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. RF/02/CABII-I043wp 10(10/21/88-1) CASE NUMBER: 88-260 DR PAGE 10 OF 10