1989-02
. RESOLUTION NUMBER: L89-02
A RESOLUTION OF THE LEUCADIA COMMUNITY ADVISORY BOARD OF THE
CITY OF ENCINITAS, APPROVING
. A DESIGN REVIEW TO ALLOW CONSTRUCTION OF A
SECOND STORY ADDITION TO EXCEED THE INTERIM HEIGHT
REGULATIONS LOCATED AT
2016 SHERIDAN ROAD
(CASE NUMBER 88-336 DR)
WHEREAS, a request for consideration of a Design Review was
filed by Michael Standefer to allow construction of a second story
addition to exceed the interim height regulations of 26 feet by 4
feet, not to exceed 30 feet, pursuant to Chapter 23.08 and
Ordinance 87-80 of the City of Encinitas Municipal/Zoning Codes,
for the property located at 2016 Sheridan Road, also known as
assessor's parcel number 216-03-28 legally described as;
SEE ATTACHMENT "A"
WHEREAS, public hearings were conducted on the application on
. January 12, 1989 and February 16, 1989; and
WHEREAS, the Leucadia Community Advisory Board of the City of
Encinitas considered:
1. The staff reports dated January 5, 1989 and February 6,
1989;
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 of
Encinitas made the following findings pursuant to the Municipal
Codes:
SEE ATTACHMENT liB"
.
BF/O3/CM8-1237WP5 6 (04-17-89\3)
NOW, THEREFORE, BE IT RESOLVED by the Leucadia Community
Advisory Board of the City of Encinitas that application 88-336 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 15301(e) and 15303 (b) ,
pursuant to the California Environmental Quality Act (CEQA) , as the
proposal is for an addition to an existing residential structure.
PASSED AND ADOPTED this 16th day of February, 1989, by the
following vote, to wit:
AYES: John Eldon, Michael Goldstein, Douglas Harwood
NAYS: Bill Dean
ABSENT: Nancy Reed
. ~ ¿/jet. CI1I1J1L í:
Hi hael Goldstein,
C irman of the Leucadia
Community Advisory Board
of the City of Encinitas
ATTEST:
~-~ L( lJJ~..j V1Ä<A-
Bill Weedman, Senior Planner
.
BF/O3/CM8-1237WP5 7(2-21-89\2)
ATTACHKENT "AI'
. 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°58' 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°29'52' 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°33' 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 "B" ABOVE DESCRIBED; THENCE SOUTH 1°33' EAST
108.08 FEET TO A PO INT ON THE CENTER LINE OF SAID COUNTY ROAD
SURVEY NO. 346.
.
BF/O3/CM8-1237WP5 8(2-21-89\2)
ATTACHMENT "B"
FINDINGS FOR DESIGN REVIEW (SECTION 23.08 MUNICIPAL CODE)
. 23.08.072 REGULATORY CONCLUSIONS - GENERALLY.
1. The proposed proj ect 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.
2. 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.
3. The project design is consistent with the General Plan,
a Specific Plan or the provisions of this Code.
Evidence to Consider:
The proposed project is consistent with the present RS-
3 Zoning, the #4 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.
4. 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.
5. 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 15310(e) has been made.
. 6. The project will not tend to cause the surrounding
neighborhood to depreciate materially in appearance or
value.
BF/O3/CM8-1237WP5 9(2-21-89\2)
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.
7. 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.
8. 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.
9. 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.
10. 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 above the existing home.
. 11. The proposed project is in conformance with Section
23.08.076 of the Design Review Ordinance relative to
Building Design in that the addition is designed to blend
in with the existing structure and incorporate similar
finish materials.
12. 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 existing landscaping.
13. The proposed design complies with all other applicable
requirements of state law and local ordinances.
.
BF/O3/CM8-1237WP5 10(2-21-89\2)
ATTACHMENT "C"
STANDARD CONDITIONS
. APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND
COMMUNITY DEVELOPMENT REGARDING COMPLIANCE WITH THE FOLLOWING
CONDITIONS (ITEMS 1. THROUGH 20.):
GENERAL CONDITIONS
1. This approval will expire on February 16,1991, after the
approval of this project unless the conditions have been
met or an extension has been approved by the authorized
agency (agent).
2. This approval may be appealed to the authorized agency
(agent) within 10 days from the date of this approval.
3. 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.
4. 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.
. 5. Nothing in this permit shall authorize the applicant to
intensify the authorized activity beyond that which is
specifically described in this permit.
6. 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 unless specifically waived
herein.
7. 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.
8. This approval shall become null and void if building
permits are not issued for this project within two
year(s) from the date of project approval.
9. Permits or findings of exemption shall be obtained from
other agencies as follows:
a. Coastal Commission
. 10. 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.
BF/O3/CM8-1237WP5 11(2-21-89\2)
"
11. 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.
12. The application and plan are approved as modified and
shall not be altered without authorized agency (agent)
review and approval. The plan is dated February 16,
1989, and signed approved by City of Encinitas.
13. For new or additions to residential dwelling unites),
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.
SITE DEVELOPMENT
14. 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.
. 15. 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.
16. 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).
17. Prior to any use of the project addition 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.
18. 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.
. 19. Building elevations, materials and colors are approved
as submitted or modified.
BF/O3/CM8-1237WP5 12(2-21-89\2)
, .
20. Any change to the natural drainage or concentration of
drainage shall be adequately handled and shall not impact
adjacent properties.
. APPLICANT SHALL CONTACT TUB PUBLIC WOlUCS DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS: (ITEMS 21. THROUGH
26.):
GRADING
21. Grading of the subject property shall be in accordance
with the Grading Ordinance.
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).)
22. 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.
23. 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.
24. 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.
25. That all required improvements conform to City Standards.
.
BF/O3/CM8-1237WP5 13(2-21-89\2)